Welcome back it’s 9.13. There’s a new texting and driving law in Florida in 2016
Florida had nearly 50,000
crashes.
>> Caused by distracted
driving. That resulted in 233
deaths to help us sort this all
out is a fair a local attorney
and founding partner,
a fair or unfair thank you so
much for coming in on this
Monday morning, good to be
here. This is a big deal took
effect July first I won the
governor signed it into law
back or send it into law back
in May. I was taught to take
effect in July I was talking a
lot about this with people in
the community I’ve covered this
to great extent
what should people know you and
I were talking about this
before we came on the air.
And you gave me the staggering
number that I had never heard
of before. And that is what
the text.
>> Well with a pedestrian and
also bringing that up for best
talk about texting and driving
but pedestrian deaths. Right
the highest level since 1990
and Florida is one of 5 states
we’re 46% of all pedestrian
deaths are located so you’ve
got people not just distracted
driving. It’s distracted
walking right people walk
around the foes of their hands
or walking up through
intersections and bad things
are happening. it’s not just
distracted driving. But this
new statute. I mean if it’s
just for its texting and
driving. It’s not talking on
your phone while you’re
driving. And let’s take it la
shir
it out the school’s owner
construction, though he can’t
be on your phone can do for
your but this applies to people
on social media to cracked on
their phones.
>> It’s only texting I mean
it’s going to text you could
have you could be watch have
your you look at your GPS you
could be a
I mean you could be having a
big in a sandwich and that was
aware of that I was aware that
you could navigate on your GPS
however, there is a 0 tolerance
in work zones and in school
zones right for holding the few
have the phone in your hand
correct. But Don you can still
be in this and what you could
be
putting people put your makeup
on water in their car. I’m sure
you probably seen that uh oh
you
drinking coffee a really good
news, a newspaper I mean so
there is other types of
distractions this only applies
to texting
and driving. Another thing
officer can seize your phone
for people were concerned about
that if I’m given a ticket for
texting driving heavy offer
take the phone back
know under the law they cannot
seize your telephone but we
need a warrant for that
yeah, but it’s a civil
infraction I don’t know if they
can use a warrant to take your
phone. So the other issue
becomes is OK. You’ve got
tinted windows a lot of people
have tinted windows or maybe
the officer says he fall
you texting and you say no
knowledge of had my phone in my
hand I was talking
to somebody and I love how
they’re going to prove whether
your texting or whether you’re
just talking to somebody are
looking at your GPS unit
and you’re saying because they
can take the phone and how they
prove exactly I don’t know how
they’re going to prove it is
going to be officers word
against you
they have the burden of proof
is I don’t know in traffic
court how that’s going to play
out in terms of who whether or
not going to be assessed the
points against your record was
of course because your rates to
go up yes.
I uh like I said earlier is
covering this back him and then
of course the beginning of the
month.
>> And they were saying that
although that this takes this
took effect July one me
they’re not going to start
issuing citations until January
one this will be like a little
grace period of people of law
enforcement officers giving out
warnings right have you had any
clients come to you one issue
so what’s going to happen.
>> And we darted we’re already
doing this everybody knows.
If you cause an accident and
you’re intoxicated it’s big
it’s big trouble,
not only or the criminal
aspects of that but you also
will be hit with punitive
damages. It is how the car
accident. So while we do that
all the time always do all
personal and really was do it
if you’re at the at fault
driver is involved is drinking
and driving punitive damages
are automatic and punitive
damages are not paid by your
insurance company that comes
out of your pocket. Orders are
doing it now what if someone
is texting and driving causing
an accident. We’re going to
subpoena those cell phone
records show that you’re
texting at the time of the
accident and asked the court to
impose punitive damages in that
case and you’re already seeing