New Florida Texting & Driving Law Effective July 1 2019
Florida has finally fallen in line with the overwhelming majority of other states. Florida made texting while driving a primary traffic offense. The law goes into effect on July 1, 2019.
Governor Ron DeSantis signed the bill on May 17, 2019. Making texting while driving a primary offense means that police can soon make a traffic stop on the reasonable belief that a driver was messaging or emailing on a mobile device. The new law also prohibits the use of a handheld cell phone when operating any motor vehicle at any school crossing, school zone, or construction zone.
How You Can Receive a Violation
Currently, police can only cite drivers for texting while driving if they’re stopped for a different violation. That makes it a mere secondary violation and nearly impossible to enforce.
Texting while driving requires the diversion of a driver’s physical, mental and visual capacities from the roadway. We use the same three senses to drive. When signing the new law at a Sarasota high school, the governor said that “Studies have shown that texting while driving is one of the worst of all driving distractions, and a recent study ranked Florida as the second-worst state for distracted driving.” He went on to say that “It’s my hope that by taking action to address distracted drivers today, we will be able to make our roads safer and hopefully prevent some of these crashes that we’ve seen, injuries, and unfortunately, some of the deaths that we’ve seen.”
Governor DeSantis remarked that in 2016, Florida had nearly 50,000 distracted driving accidents that caused 233 deaths. Manatee County Sheriff Rick Wells said that “Making texting while driving a primary offense will allow law enforcement to enforce the law and to save a lot of lives.”
The New Law for Texting While Driving
Under the new law, texting at a stoplight or when a vehicle isn’t in motion is not an offense. The statute exempts emergency personnel. Similarly, the law exempts people who are reporting emergencies or crimes to law enforcement, receiving messages from navigation, safety, and weather alerts.
A first violation of the new texting while driving law won’t be a moving violation. It’s punishable by a fine of $30 plus court costs and fees upon a conviction for a first violation. Your second violation within five years of the first violation becomes a moving violation and the fine doubles. In either case, you will receive three points on your driver’s license.
School and Work Zones
The prohibition on texting while driving in school and work zones will be enforced beginning October 1, 2019. Law enforcement will issue warning tickets until January 1, 2020. Only South Dakota, Nebraska, and Ohio remain states where texting while driving is still a secondary offense. Yet, Missouri prohibits texting while driving by anybody under 21 years of age. Although, texting while driving remains perfectly legal in Montana.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
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Odometer Fraud Charge – Tampa FL
Both the federal government and the State of Florida have put laws in place that work to protect consumers from odometer fraud. Florida Statutes 319.35 makes it a third-degree felony to “knowingly tamper with, adjust, alter, set back, disconnect or fail to connect” an odometer of a motor vehicle so as to show a lower number of miles than the motor vehicle has actually been driven. A conviction for odometer fraud carries up to five years in prison and a fine of up to $5,000. Here’s how odometer fraud hurts people as used car buyers:
- Payment of increased sales tax as a result of the inflated price.
- Higher insurance premiums as a result of lower mileage.
- More frequent maintenance and repair costs.
- Reduced vehicle safety for the driver and passengers.
The Prosecution Has the Burden of Proving You Guilty
Tampa is one of the hotbeds of Florida odometer fraud. Our experienced and effective Tampa criminal defense team knows the issues that prosecutors face when they try to prove tampering with a vehicle’s odometer. Remember that you’re presumed innocent. The prosecution has the burden of proving you guilty beyond a reasonable doubt. Over the years, we’ve been able to raise countless reasonable doubts on behalf of our clients.
Don’t Give a Statement or Confession
Even innocent victims of odometer fraud can have allegations of odometer fraud raised against them when they go to sell that same vehicle a year or two later. Both buyers and sellers must be very careful. If you’re arrested for odometer fraud, the worst thing that you could do would be to give the police any type of a statement or confession. The prosecution will use it to try and prove you guilty.
Protect your rights by invoking them. You have the right to remain silent, so exercise it by not giving the police any information that they’re seeking other than your identity, birth date, and address. You also have the right to an attorney. Exercise that right immediately by calling us after any arrest for odometer tampering in or around Tampa. We know what we’re doing, and we can take it from there.
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Unlawful Tag Tickets in Tampa FL
Being pulled over by police for an unlawful tag is often a pretext for a brief investigation of a driver to evaluate whether he or she might be under the influence of alcohol, drugs or both. Even if a driver hasn’t been consuming alcohol, or he or she hasn’t committed any moving violations since a police officer began observing their vehicle, any traffic stop is something more than a mere annoyance.
Swapping Tags or Stickers
In cases involving unlawful tags, there be a violation of the letter of the law. Then, there’s the gray area involving the spirit of the law and the subjective observations of the police officer who made the traffic stop. Florida Statutes 320.261 makes it a criminal offense when “Any person knowingly attaches to any motor vehicle or mobile home any registration license plate, or who knowingly attaches any validation sticker or mobile home sticker to a registration license plate, which plate or sticker was not issued and assigned or lawfully transferred to such vehicle, is guilty of a misdemeanor of the second degree…” A second-degree misdemeanor in Florida is punishable by up to 60 days in jail and a fine not to exceed $500.
Unlawful Tag Conviction Issue
Although it’s unlikely a maximum penalty would be imposed, an unlawful tag conviction would result in a permanent criminal record. That record can interfere with job, educational and housing opportunities. Defenses to section 320.261 exist. So, contact us if you’re charged with an unlawful tag violation of the statute, especially if you expect to have a security check coming up.
Unknowing Violations and Getting Framed
Just about everybody has border frames around their license plates. These might advertise the dealership that you bought your car at or show logos of sports teams or messages. Some of them even have clear or lightly tinted covers that go over license plates. Florida Statute 316.605(1) states not to place anything upon your plate that interferes with it being clear and legible. That includes your sticker too. What might be clear and legible to one police officer might not be to the next officer. That’s when we get into the spirit of the law and the subjectivity of a police officer. A judge may or may not agree with an officer.
Arrested for swapping plates or stickers on a vehicle? Contact RHINO Lawyers. Our criminal defense team can do a lot better than 60 days, $500 and a criminal conviction. On a plate frame charge, you stand a good chance of a judge tossing it when we’re representing you.
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Can I Get a DUI on a Bike or Electric Scooter in Tampa?
To begin with, Florida Statutes section 306.003(75) defines a vehicle as every device, in, upon, or by which any person or property is transported or drawn upon a highway. Except for devices used exclusively upon stationary rails or tracks. Thus, they define a bicycle as any vehicle propelled solely by human power. And, every motorized bicycle is propelled by a combination of human power and an electric motor helper. Pursuant to this definition, Florida courts have held bicycles to be vehicles. Bicyclists have the right to share the road with motorists. In addition, they must also follow the same laws as motorists. Those laws include the prohibition against driving under the influence of alcohol, drugs, or any combination of the two.
Other Forms of Transportation the Florida DUI applies to
Under the same rationale, electric bicycles and scooters are vehicles too. So, only a small minority of states classify them as such, but that’s the law in Florida. Incidentally, it isn’t going to change within the foreseeable future. In the recent past, these Florida DUI vehicle laws have applied to many different instances. For example, it applied to:
- A man on an expressway riding a horse.
- Someone driving a riding mower home from the neighborhood liquor store.
- A man on a golf cart.
In California, police have already arrested someone for causing an accident while DUI on a scooter.
When Can the law find you guilty of driving under the influence?
They can find you guilty of driving under the influence (DUI) for operating a vehicle with a BAC of .08 or higher. Yet, if a person operates a vehicle with impaired normal faculties the law can find them guilty of DUI. Thus, evidence of impairment might be in the form of a police officer’s observations or admissions by the operator. As well as, alcohol or drugs found upon a lawful search. These laws apply to conventional or electric bicycles and scooters too.
Take notice that a bicycle or scooter DUI in Florida is punishable. In fact, they have the same penalties as a DUI when operating a motor vehicle. Even if a Bird or Lime scooter or bike is available after an evening out. Taking a taxi, Uber or Lyft is still a far less expensive alternative than getting a DUI.
Please feel free to read more about electric scooters coming to Tampa or what to do after a DUI.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. Get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.
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How Much Do Red Light Camera Tickets Cost in FL?
Always be cautious about red light camera intersections in Florida. If you’re unfortunate, and you get caught failing to stop in an intersection during a red light; you’re in a very difficult legal position. They send you a traffic ticket through the mail. After, you’ll have 30 days to pay it. Fines vary from municipality to municipality. But if you pay your ticket within those 30 days, the minimum fine will be about $158. The only good news with paying the fine is no points are added to your driver’s license.
If you fail to pay that ticket within the 30 day period, the fine increases to a minimum of about $262 plus court costs. Plus, you receive three points on your license. Take notice that if you’re making a right turn on red and not proceeding prudently and carefully, most municipalities will still ticket you, even if you creep through a red light slower than at a walking pace.
The last thing that you want to do about a ticket issued on an alleged red light camera violation is to ignore the ticket. Incidentally, they could suspend your driver’s license. On that offense, the fines get even higher, and you’ll still need to pay the red light camera ticket fine. Don’t forget about the driver’s license reinstatement fee either. Either pay the $154 for a red light camera ticket within 30 days or contest it within 30 days. If you contest it, visit with us right after that.
Let the criminal defense team at RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. Get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.
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Can You Ignore a Red Light Camera Ticket in Florida?
You might not even know when that the red light camera gets you in an intersection. You’re a careful driver, and you’re not just going to disregard a red light. Without any intent, even our best judgment can fail us though. Tickets are issued to careful drivers every day as a result of innocent errors in speed, timing and when a traffic light is going to turn red.
Red light camera tickets are different than other types of tickets. No police officer witnesses the alleged violation pulls you over and issues you a ticket. A camera in an intersection takes a picture of your car when it doesn’t come to a complete stop at a red light. Since there’s no police officer to issue you a red light camera tickets come in the mail. They’re nearly indefensible, and they’re expensive too. Don’t ignore them though. You’ll become a victim of the ticket’s snowball effect.
Upon your receipt of a red light camera ticket, you have 30 days to contest it. If you pay the ticket, you’ll be admitting guilt, but no points will go against your driver’s license. Your insurance company will see the conviction though, so it’s likely that your insurance premiums are going to rise by at least 10 percent. Don’t just ignore the ticket though. Your fine is going to increase by about 40 percent, and if you continue to ignore the ticket, your driver’s license will be suspended. That’s part of the snowball effect. Fines will also increase if you’re stopped by a human police officer and cited for driving on a suspended license. After that, there is the license reinstatement fee.
Here’s the other surprise. Your failure to pay the ticket will likely be reported to the credit bureaus. Suddenly, you’re a deadbeat, and you’ll be paying considerably more to have credit extended to you. The snowball effect can cost you thousands of dollars in the long run. Upon your receipt of any red light camera ticket in the mail, you’ll want to contest it immediately, After that, call us and let the criminal defense team at RHINO Lawyers help you.
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Are Red-light Cameras Legal in Tampa?
When you’re approaching an intersection, and the traffic light turns yellow, you have about a half of a second to make a decision on whether you have enough time to make it through the intersection before the light turns red. The amount of time that the traffic light remains yellow isn’t uniform from city to city across Florida either. It might not even be uniform from intersection to intersection in the same city. The one thing that’s for certain is that there are times when innocent people get caught in the middle. Sometime after that, they receive their notice of a red light violation in the mail. That’s when the reality of red light cameras hits people. Red-light cameras seem unfair and their fines are expensive. Yet, red-light cameras are legal in Florida.
Florida passed its red-light camera law in 2010. It’s up to the various municipalities in the state as to whether they want to use them. To date, about 50 cities in the state use red-light cameras. In 2018, they collected an estimated $100 million in revenue from red-light cameras. Legislation is pending yet again in Tallahassee to ban red-light cameras. It seems to be an annual piece of proposed legislation. The House approved a similar bill in 2018, with a vote of 83-10. However, the bill stalled in the Senate. The new bill for 2019 must still pass two committees before the House can vote on it. Assuming they approve, then it goes to the Senate again. Red-light cameras will continue to be legal in Florida unless approved the House, the Senate, and signed off on by Governor DiSantis. If that doesn’t happen, you can expect similar bills seeking to repeal Florida’s red-light camera law in future legislative sessions.
Read MoreWhere Are The Red-light Cameras in Tampa?
To start with, they discontinued red-light cameras in about half of all surrounding communities. Yet, Tampa still has its red-light cameras. Thus, victims of the cameras haven’t found them to be cheap either. In fact, red light tickets start out at $158, and if a motorist fails to pay the fine after their first notification, the fine increases to $262.
Consequently, red-light camera tickets are mailed to the person that the offending vehicle is registered. So, if somebody else is using your car, you’re the person who gets the ticket. However, you can contest the ticket. But, proving that you weren’t the driver of the vehicle at the time that the alleged offense was committed can be difficult.
Granted, if you pay the ticket on a timely basis, no points are going to be tacked onto your driver’s license. Yet, if you fail to pay it within the time prescribed, you’ll be paying the increased fine, and you’ll receive the points on your license. So, if a person wishes to contest his or her ticket, he or she must appear in court.
Red-light Cameras in Tampa
In fact, there are a total of 55 red light camera controlled intersections in Tampa. Here are all of their locations:
- Eastbound E. Fowler at N. Nebraska Avenue.
- Westbound E. Busch Boulevard at N. Nebraska Avenue.
- Southbound N. Nebraska Avenue at E. Busch Boulevard.
- Northbound N. Nebraska Avenue at E. Fowler Avenue.
- Westbound E. Hillsborough Avenue at N. Nebraska Avenue.
- Northbound N. Nebraska Avenue at E. Hillsborough Avenue.
- Eastbound E. Hillsborough Avenue at N. 40th Street.
- Westbound E. Hillsborough Avenue at N. 40th Street.
- Northbound N. 40th Street at E. Hillsborough Avenue.
- Eastbound E. Hillsborough Avenue at N. 22nd Street.
- Westbound E. Hillsborough Avenue at N. 22nd Street.
- Eastbound W. Waters Avenue at N. Florida Avenue.
- Southbound N. Florida Avenue at E. Waters Avenue.
- Northbound N. Florida Avenue at E. Waters Avenue.
- Southbound N. Florida Avenue at E. Busch Boulevard.
- Eastbound E. Busch Boulevard at N. Florida Avenue.
- Westbound E. Busch Boulevard at N. Florida Avenue.
- Westbound W. Waters Avenue at N. Armenia Avenue.
- Southbound N. Armenia Avenue at W. Waters Avenue.
- Eastbound W. Waters at N. Armenia Avenue.
- Northbound N. Armenia at W. Hillsborough Avenue.
- Southbound N. Himes at Avenue at W. Hillsborough Avenue.
- Northbound N. Lois Avenue at W. Hillsborough Avenue.
- Eastbound E. Adamo Drive at S. 50th Street.
- Northbound S. 50th Street at E. Adamo Drive.
- Eastbound W. Kennedy Boulevard at E. Adamo Drive.
- Eastbound W. Kennedy Boulevard at N. Ashley Drive.
- Eastbound S. Dale Mabry Highway at W. Kennedy Boulevard.
- Northbound S. Dale Mabry Highway at W. Kennedy Boulevard.
- Southbound S. Dale Mabry Highway at W. Gandy Boulevard.
- Eastbound W. Gandy Boulevard at S. Dale Mabry Highway.
- Eastbound N. Dale Mabry Highway at W. Columbus Drive.
- Westbound N. Dale Mabry Highway at W. Columbus Drive.
- Southbound S. Manhattan Avenue at W. Gandy Boulevard.
- Eastbound W. Gandy Boulevard at S. Manhattan Avenue.
- Westbound W. Gandy Boulevard at S. Manhattan Avenue.
- Westbound W. Gandy Boulevard at S. Westshore Boulevard.
- Eastbound W. Gandy Boulevard at S. Westshore Boulevard.
- Northbound S. Westshore Boulevard at West Gandy Boulevard.
- Eastbound E. Busch Boulevard at N. Nebraska Avenue.
- Northbound S. Dale Mabry Highway at W. Gandy Boulevard.
- Southbound S. Dale Mabry Highway at W. Kennedy Boulevard.
- Eastbound E. Fowler Avenue at N. 30th Street.
- Westbound E. Fowler at N. 30th Street.
- Northbound N. 30th Street at E. Fowler Avenue.
- Southbound N. 30 Street at E. Fowler Avenue.
- Northbound S. Howard Avenue at W. Kennedy Boulevard.
- Eastbound W. Kennedy Boulevard at S. Howard Avenue.
- Westbound E. Hillsborough Avenue at N. Florida Avenue.
- Southbound N. Westshore Boulevard at W. Kennedy Boulevard.
- Eastbound W. Kennedy Boulevard at N. Westshore Boulevard.
- Westbound W. Kennedy Boulevard at N. Westshore Boulevard.
- Westbound W. N. Dale Mabry Highway at Dr. Martin Luther King Jr. Boulevard.
- Southbound W. N. Dale Mabry Highway at W. Dr. Martin Luther King Jr.Boulevard.
- Westbound W. Dr. Martin Luther King Jr. Boulevard at W. N. Dale Mabry Highway.
Finally, a bill in the state legislature is presently being pushed to eliminate all red-light cameras in Florida. In fact, the Florida Department of Highway Safety and Motor Vehicles has released its study on red light camera intersections. However, it found that minor accidents increased at red light camera controlled intersections, major accidents decreased. Thus, recommendations were published in the study on how to decrease accidents at these intersections.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
In short, RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Thus, having won cases for our clients in similar circumstances, our criminal defense team know what it takes to fight on your behalf.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. Get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.
Read MoreDoes Tampa Still Use Red Light Cameras?
Other than a few people at Tampa City Hall, it’s hard to find anybody else who lives in the city that likes red light cameras. They’re beyond controversial, and tickets issued for alleged red light violations aren’t cheap either. They can cost you $158 with no points on your license if you make a timely payment. However, they will cost $262 with points added to your license if you pay late. Floridians first started seeing red light cameras in 2010, and they’ve proliferated across the state. Tampa has them positioned at about 54 locations now.
Florida House Bill 6003
Florida House Bill 6003 is presently pending in the Senate. Its proponents want to ban red-light cameras across the state. The cameras are in about 50 Florida communities now. Bill 6003 passed overwhelmingly in committee. An opponent of the cameras has remarked Florida municipalities have become addicted to the revenue that red light cameras produce.
One company that manufactures and operates the cameras has retained 26 lobbyists. They do not want the cameras discontinued or the revenue generated from them. Proponents of the cameras rely on public safety grounds. In fact, the Florida Department of Highway Safety and Motor Vehicles (FDHSMC) says that the cameras resulted in a five percent decrease involving drivers running a red light.
Opponents of red-light cameras
Opponents argue that proponents are using red-light cameras to support the FDHSMC’s numbers and disregarding the unfavorable data. They also argue camera controlled intersections have a shortened time frame for yellow lights. Opponents also maintain that the cameras are a violation of a person’s 6th Amendment right to confront witnesses against them. It’s impossible to cross-examine a camera.
Even if a police officer testified on behalf of the prosecution in a red light camera case; he or she could only testify to the fact that such a camera is in place at a certain intersection. Any testimony about a specific driver, installation of the cameras, functionality, or maintenance is based on speculation and hearsay. The cameras also have a highly limited field of recording. They don’t show their own errors or traffic conditions on their sides or ahead of them. Consequently, that might explain an alleged violation or a defense of necessity.
Previous attempts at legislatively discontinuing red light cameras have failed in Florida’s Senate. The lawmakers who voted against discontinuing the cameras maintained that it is less expensive to rely on the red light cameras than to have police officers patrolling problematic intersections. It’s likely far more profitable too. A House staff analysis has estimated that local participating governments who discontinue the cameras could see an estimated $80 million loss in revenue per year.
Contact Tampa’s Traffic Ticket Lawyer, RHINO Lawyers
Lastly, if you received this type of ticket, contact the RHINO Lawyers. We are a tough, thick-skinned law firm offering a robust approach to traffic ticket defense and all Florida driver’s license issues. Our criminal defense team knows the importance of keeping you in the driver’s seat with a clean driving record. Moving violations can easily result in dramatically increased automobile insurance rates, substantial fines, and even driver’s license suspension. Disputing your citation is your only chance of getting it dismissed, even if you think you are “guilty.”
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Felony Speeding in Florida?
We’ve probably all received a ticket for speeding. Yet, it’s highly unlikely that we’ve received a charge of felony speeding. That can happen in Florida though.
If a person who is operating a motor vehicle at 50 mph or more over the posted speed limit on a third or subsequent violation, he or she can expect to be charged with felony speeding. Or, a third-degree felony. Felony speeding is punishable by up to five years in a state prison, a driver’s license revocation for 10 years and a fine not to exceed $5,000.
There are also likely to be consequences in employment, educational and housing opportunities along with a person’s eligibility to own or possess a firearm and vote.
Always remember that the prosecution has the burden of proving you guilty of a criminal offense beyond a reasonable doubt. Don’t give the state any additional evidence to try and convict you with. If a police officer asks you if you know how fast you were going, politely reply that you don’t know. However, you must produce your driver’s license, registration, and proof of insurance. Yet, the law does not require you to answer any questions without an attorney being present on your behalf.
Invoke your right to an attorney as soon as possible by asking to speak with us. Law enforcement will take you into custody and place you under arrest for going 50 mph or more above the speed limit. Not to mention, posting a cash bond is often required for release. Rather than answering any questions, ask to be able to contact our offices at your earliest opportunity.
Contact Tampa’s Traffic Ticket Lawyer, RHINO Lawyers
If you received this type of ticket, contact the RHINO Lawyers. We are a tough, thick-skinned law firm offering a robust approach to traffic ticket defense and all Florida driver’s license issues. Our criminal defense team knows the importance of keeping you in the driver’s seat with a clean driving record. Moving violations can easily result in dramatically increased automobile insurance rates, substantial fines, and even driver’s license suspension. Disputing your citation is your only chance of getting it dismissed, even if you think you are “guilty.”
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