Cell Phone Driving Laws

Cell Phone & Text Messaging Bans
The State of Massachusetts passed new laws prohibiting drivers from texting while driving. The ban went into effect on October 1, 2010 and also prohibits the use of cell phones for any driver under the age of 18. The current laws prohibit the following:

• Text messaging or any Internet related activity is prohibited for all drivers. A first offense will result in a fine of $100, second offense $250 and a third or subsequent offense will be $500.

• All drivers under the age of 18 are prohibited from using a cell phone or any other type of mobile device while operating a motor vehicle. The penalties are $100 fine along with a 60-day license suspension for the first offense, $250 fine along with a 6-month license suspension for the second offense and $500 fine along with a 12-month license suspension for the third or subsequent offense.

• All school bus and public transit drivers are prohibited from using a cell phone while operating their vehicle and violators will be fined $500.

Massachusetts Trying to Ban Cells Phones in School Zones
Senator Mark Montigny and Representative Denise Provost introduced legislation into their respective houses seeking to prohibit drivers from using a cell phone in any school zone. A non-profit organization called Safe Roads Alliance helped draft the bills in an effort to promote safer driving. According to recent data from the National Highway Traffic Safety Administration (NHTSA), motor vehicle accidents are the leading cause of death for young people age 16 to 24. If the legislature approves the bills, anyone using a cell phone in an emergency would be exempt from the penalties.

Consult a Massachusetts Attorney For Advice
Any driver who has been issued a citation or has had their driver’s license revoked should contact a lawyer immediately. Traffic attorneys are often successful in getting fines reduced and they can help get your driving privileges reinstated. Consult a legal professional if you have been cited for an auto accident or issued a speeding ticket. They will go to court and fight to get the charges dismissed.

Driving under the influence of drugs or alcohol has been a huge problem in American society. According to the National Highway Traffic Safety Administration (NHTSA), more than 11,000 people are killed each year in an alcohol related accidents. Many of those drivers had a blood alcohol concentration (BAC) of .15 or above. While these statistics are alarming, fatal crashes involving alcohol have actually decreased over the past two decades. Distracted driving has become the number one problem in the nation and cell phones are involved in 1.6 millions accidents each year according to the Department of Transportation (DOT). A recent study conducted by the Virginia Tech Driving Institute reported that motorists who text while driving are 23 times more likely to be involved in an accident.

Florida’s Proposed Legislation

Many states throughout the nation have passed laws banning texting while driving. Three state representatives in Florida have filed proposed legislation to deal with the risks of distracted driving, and these include:

Senate Bill 80—This would prohibit all drivers from texting or using any other form of text-based messaging while operating a motor vehicle. Anyone charged with this offense would be subject to a fine of $100. Senator Evelyn Lynn of Florida is sponsoring the bill.

Senate Bill 158—Prohibits operating a motor vehicle while using a wireless communication device for certain purposes. Provides for a secondary enforcement, which means that a driver may be pulled over and issued a ticket only if they are observed violating another law, such as speeding. A total of six points will be issued against the individual’s driver’s license if the crash was a result of unlawfully using a wireless communication device. This bill is being sponsored by Florida State Senator Nancy Detert.

House Bill 79—Sponsored by Representative Ari Porth, this proposed legislation is identical to Senate Bill 158 and would create the “Florida Ban on Texting While Driving Law”. This bill has strong support from Florida’s law enforcement community. The Broward Sheriff’s Office is launching a campaign focused on keeping the roads safe from texting drivers and will be airing public safety announcements on all local cable television channels.

When to Get Help From a Florida Attorney

The State of Florida currently has no laws prohibiting using cell phones while operating a motor vehicle. However, an experienced attorney will tell you that if you cause an accident and are found negligent due to distracted driving, this could result in a huge lawsuit. Victims of auto accidents have the right to file suit against the person responsible for causing the crash. They can sue you for damage to their vehicle along with the cost of their medical treatment. If you have been involved in an accident or been issued a citation for violating traffic laws, contact an attorney for immediate assistance.