The Pretext Behind the Texting Ban

Starting July 1, 2019, texting while driving will become a primary traffic offense in Florida. This means law enforcement can stop a driver for this and this alone. As a legal practitioner, I want to warn people that law enforcement uses traffic stops for much more than just issuing tickets and this new law gives them more ability to pursue their alternate agenda. Traffic stops are an opportunity to conduct criminal investigations such as finding people with outstanding warrants, in possession of drugs, who are driving on a suspended or revoked driver's license, or who are driving while under the influence.

Unlike Georgia, Florida did not adopt a hands-free law. Florida's law has exceptions, such as using GPS and making phone calls (except in school and construction zones). These exceptions will inevitably lead to people getting pulled over who were not texting and driving. In pursuit of their alternate agenda, this will inevitably lead to people getting arrested after being pulled over who were not texting and driving. Even though law enforcement will only be giving warnings for this violation through the end of the year, you can bet your bottom dollar they will be making arrests based off of it. If this happens to you, you are going to need a lawyer to help you navigate the maze of constitutional implications. Call Luke Law at 904-637-2700 or email at to schedule a consultation to review the criminal charges brought against you after an illegal traffic stop based on Florida's new Ban on Texting While Driving Law. We're here to help you protect your rights!

*Disclaimer: This blog post is not intended to be legal advice. We highly recommend speaking with an attorney if you have any legal concerns. Contacting us through our website does not establish an attorney-client relationship.*