By Jason Diamond, Traffic Ticket Attorney
Founder, The Traffic Ticket Team

In an age where smartphones are practically glued to our hands, the temptation to respond to a quick text, check directions, or scroll social media while driving is ever-present. However, under Florida law, the cost of looking down at your phone while behind the wheel can be steep—both financially and legally.

As a Florida traffic ticket lawyer who has represented clients in more than 2,000,000 traffic-related cases, I can tell you that texting and driving is no longer treated as a minor offense. It is now a primary offense, which means you can be pulled over solely for using your phone while driving.

At The Traffic Ticket Team, our mission is not only to defend our clients from citations but to educate the public on their legal rights and the rapidly evolving traffic laws in our state. This article will give you a clear understanding of:

• What the law says about texting and driving in Florida
• Your constitutional rights during a traffic stop
• What to do if you’re ticketed
• And how to protect yourself legally and financially

Texting and Driving Is Now a Primary Offense in Florida

The evolution of Florida’s texting and driving law reflects the seriousness with which the state now treats distracted driving. A few years ago, texting while driving was considered a secondary offense, which meant a police officer couldn’t stop you just for texting—they had to observe another violation first (like speeding or an illegal lane change) in order to issue a citation for texting.

But as of July 1, 2019, Florida lawmakers revised the statute to make texting and driving a primary offense, allowing officers to initiate a traffic stop if they simply see a driver using a wireless device in a prohibited manner.

What the Law Prohibits

Florida Statute §316.305, also known as the “Florida Ban on Texting While Driving Law,” specifically prohibits:

• Manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communication device
• Sending or reading text messages, emails, or instant messages
• Holding or manipulating the phone in your hand while driving through a school zone, construction zone, or active work zone

Importantly, the law is not limited to texting. It includes any form of manual data entry or reading—even scrolling through a playlist or reading a web article may qualify as a violation.

Your Rights During a Traffic Stop

This is where things get legally complex—and where many drivers make critical mistakes.

If you are pulled over for texting and driving, the officer may attempt to examine your phone as evidence of your alleged violation. However, and this is critical: you are not legally required to hand over your phone.

Under both Florida law and the Fourth Amendment of the U.S. Constitution, police officers are prohibited from searching your personal electronic device without one of the following:

1. Your clear and voluntary consent
2. A valid search warrant
3. Exigent circumstances (which rarely apply in texting and driving cases)

Understanding Consent: You Can Say No

In the context of a traffic stop, any consent to search your phone must be:

• Unequivocal – Your agreement must be unmistakably clear.
• Voluntary – You must not be coerced, tricked, or intimidated into saying yes.

If an officer asks, “Do you mind if I take a look at your phone?”, you have every legal right to respond, “No, officer, I do not consent to a search of my phone.” You are not required to provide a reason, nor are you obligated to argue or justify your refusal.

Too often, drivers feel pressured to comply with law enforcement simply out of fear or confusion. But remember, saying no is your right, and exercising that right does not imply guilt.

Exceptions to the Rule

There are very limited circumstances in which an officer might be able to search your phone without your consent, such as:

• If you voluntarily hand over the device and begin showing them its contents
• If you are placed under arrest and the phone is seized as part of the arrest
• If the officer obtains a judicial warrant based on probable cause

Outside of these exceptions, refusing a phone search will not result in additional penalties—and it could prevent an unlawful intrusion into your private data.

What to Do If You’re Pulled Over for Texting and Driving

Even if you believe the citation is unjustified, the best strategy during the traffic stop itself is to remain calm, cooperative, and silent about legal defenses. There’s a time and place to challenge the ticket—and it’s not on the side of the road.

Here’s what I recommend to all my clients:

1. Accept the citation without argument. Politely take the ticket and refrain from debating the officer. Anything you say could be used against you in court.
2. Do not consent to a search of your phone. You are under no legal obligation to hand it over.
3. Document everything. Make note of the location, time, traffic conditions, and anything you recall about the officer’s statements or behavior.
4. Contact a traffic ticket attorney for a free case review from The Traffic Ticket Team.

Many texting and driving tickets can be challenged, dismissed, or reduced, especially when the officer lacks evidence, acted improperly, or relied on vague observations.

Penalties for Texting and Driving in Florida

Here’s what you’re facing if you’re convicted:

First Offense:

• $30 base fine (not including court costs and fees, which can double or triple this amount)
• No points if it’s not in a school or work zone

Second Offense (within 5 years):

• $60 base fine
• 3 points on your driving record

In a School or Construction Zone:

• Automatic 3-point penalty
• Higher fines
• Possible driver’s license suspension if points accumulate

Keep in mind, insurance premiums often increase significantly after even one distracted driving conviction—often costing you far more in the long term than the fine itself.

Common Defenses Against Texting and Driving Tickets

At The Traffic Ticket Team, we often raise the following legal and factual defenses in texting-and-driving cases:

• Insufficient evidence: An officer must observe not just phone usage, but manual text entry or reading.
• Phone use for navigation: Using a map or GPS is legal, provided it’s not done manually while driving.
• Voice-to-text features: Dictating a message using hands-free technology is not prohibited under the law.
• Violation of constitutional rights: Any evidence obtained from your phone without consent or a warrant may be suppressed in court.

Our legal strategy is always tailored to the specific facts of your case—but rest assured, you have more defenses than you think.

Final Thoughts: Know the Law, Know Your Rights

Florida’s texting and driving law reflects a necessary effort to combat distracted driving, which causes thousands of accidents each year. As a public safety measure, it’s hard to argue with its intent. But as a legal matter, it’s important that drivers understand their rights and the boundaries of police authority.

As a traffic attorney who has defended countless clients in texting-and-driving cases, I urge you to remember:

• Yes, you can be pulled over solely for texting while driving.
• No, you are not required to allow an officer to search your phone.
• Yes, there are legal defenses that can beat or reduce a citation.

You don’t have to navigate the process alone. At The Traffic Ticket Team, we’re committed to protecting your driving record, your wallet, and your constitutional rights.

We’ll review your case, explain your options, and—when possible—fight to get your ticket dismissed or reduced. With experience in every traffic courtroom in Florida, we know the law, the defenses, and the strategies that work.

Drive smart. Know your rights. And don’t let one mistake ruin your record.

Jason Diamond
Traffic Ticket Lawyer
Founder, The Traffic Ticket Team