How common is secondary enforcement for texting bans?

Florida is among the 46 states that prohibit all drivers from texting while driving. However, Florida’s ban is not a primary enforcement ban, but rather a secondary enforcement ban. What does this mean? It means that a citation for texting while driving generally can only be given when a violation of a different traffic law was also present. Primary enforcement, on the other hand, allows such citations to be issued independently.

Currently, here in the U.S., secondary enforcement texting-while-driving bans are far less common than primary enforcement ones. Only four other states are currently in the same camp as Florida: having a texting ban with secondary enforcement. Meanwhile, 41 states have a texting ban with primary enforcement.

One wonders if even more states will end up going to primary enforcement in the future. One also wonders if Florida will ultimately stay a secondary enforcement state or will one day shift its ban on texting while behind the wheel to being a primary enforcement ban.

While texting-while-driving laws differ from state to state, certain things about this driving conduct are true in all states. One is that, when accidents occur as a result of texting while driving, people can get severely hurt.

When a person here in Florida is hurt by a distracted driver, they can have some very important legal rights. Distracted driving accident victims in the state may want to have a discussion with a Florida personal injury lawyer about what options these rights could open up to them.

Reid Burman Lebedeker

Reid Burman Lebedeker Xenick Pepin
ONE CLEARLAKE CENTRE
250 South Australian Ave
Suite 602
West Palm Beach, FL 33401
Phone: 561-659-7700
Fax: 561-659-6377