texting while driving offense in florida

Texting While Driving in FL

Ensuring Your Legal Rights

Texting While Driving in Florida

Texting while driving is a serious problem in Florida, with thousands of accidents occurring each year due to distracted drivers. If you have been charged with texting while driving in the state of Florida, then you must understand your rights and hire an experienced defense attorney who can fight for you.

We will discuss why hiring qualified texting-while-driving defense lawyers in Florida is important if you are facing charges related to this offense. We will also provide some tips on how to find the best attorney for your case. Finally, we will explain what kind of defenses you be available to those accused of texting while driving in Florida and the penalties you may face.

Defenses Available to Those Accused of Texting While Driving in Florida

Drivers who text while driving are 23 percent more likely to be involved in collisions. Considering this, Florida law enforces strict penalties for those who text while driving. However, some defenses are also available to those accused of this offense.

The texting-while-driving defenses in Florida may include the following:

  • Identification Issues: If the accused was not the person who was texting while driving, then a defense attorney may be able to prove that.
  • Lack of Probable Cause: If the officer who pulled you over had no probable cause to stop your vehicle, then your defense attorney can argue that the charges against you are invalid.
  • Emergencies: In cases of emergency, drivers are allowed to use their phones while driving. Your defense attorney can prove that you were texting or talking on the phone due to an emergency.
  • Other Causes of Accident: Someone can be involved in an accident while texting without necessarily causing it. A defense attorney may be able to prove that another factor, such as mechanical failure, poor road conditions, or other drivers, caused the accident.

One should keep in mind that a defense lawyer can question the reliability of witness statements based on potential biases, visual impairment, or memory issues, among other possible factors. These are just a few of the possible defenses your attorney may use if you’re charged with texting while driving in Florida.

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Penalties for Texting While Driving in Florida

Governor DeSantis signed a bill in Florida that makes texting while driving a primary offense. This means that law enforcement officers can now pull over motorists and issue a citation just for texting while driving, including messaging, emailing, and other typing forms on a mobile device while behind the wheel.

The fines and points you receive vary based on the number of previous texting and driving tickets you have received. The first offense of texting while driving is subject to a $30 fine as well as court fees, according to the law. The first incident will be considered a non-moving violation, meaning that it will not add any points to your license.

On the other hand, the second offense results in a $60 fine, court expenses, related fees, and three points on the driver’s license. You will receive three points on your driver’s license, and a moving violation will be added to your record.

Your license will be suspended for thirty days if you accumulate twelve points in one year. Additionally, if you cause an accident while texting and driving, you will receive six points in addition to any points earned for the accident. It is important to understand the seriousness of this offense and take necessary precautions.

Importance of Hiring a Qualified Texting-while-Driving Defense Lawyer in Florida

You may be wondering why you should hire an experienced defense lawyer for a texting and driving charge in Florida. Here are some important reasons:

  • Knowledge of the Law: An experienced attorney who is familiar with Florida’s texting-while-driving laws can make a big difference in your case. They will be able to identify any weaknesses in the prosecution that you can use to mount a defense or negotiate for a lesser sentence.
  • Understanding of Your Rights: Your attorney will be able to explain your rights and ensure that they are not violated during the proceedings. They can also help you understand how your rights may be affected by a conviction.
  • Experienced Representation: The prosecution will have access to experts, investigators, and other professionals who will work against you. An experienced lawyer can help you level the playing field by using their knowledge and resources to your advantage.


Tips for Finding the Right Attorney

Finding the right texting-while-driving defense attorney in Florida to represent you in court can be challenging. However, the following tips can make the process easier:

  • Research: You should do your due diligence and research as many attorneys as possible before making a decision. Make sure to read reviews and ask around for recommendations.
  • Experience: The best texting-while-driving defense attorneys will have experience in handling similar cases and a track record of successful outcomes.
  • Interview: Meeting with them in person is important once you’ve narrowed your list of potential attorneys. This will allow you to ask questions and better understand their approach and strategy.
  • Communication: Make sure that your attorney is easily reachable and willing to answer any questions you have regarding the case.


We know the law, and we’re here to help!

Texting while driving is a serious offense in Florida and can lead to hefty fines, points on your license, or even suspension of your driver’s license. To avoid any potential penalties, you must understand the law and take necessary precautions when using mobile devices behind the wheel.

If you are charged with this crime, then hiring an experienced texting-while-driving defense lawyer may be beneficial for protecting your rights and ensuring the best outcome possible for your case. At Smith & Eulo Law Firm, we specialize in helping clients who have been accused of distracted driving offenses such as texting while driving.

Our team has over 100  years of combined experience providing effective legal representation, so don’t hesitate to reach out if you need help defending yourself against these charges. Call Smith & Eulo Law Firm today,  to get started mounting a strong defense against any allegations of texting while driving!