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Distracted Driving

One of the leading causes for accidents in the United States is distracted drivers. In 2017 alone, the National Highway and Traffic Safety Administration (NHTSA) reported that 3,166 people had died from a distracted driving related accident. Due to these statistics, Florida has implemented harsh penalties for drivers who aren’t aware of their surroundings.

A driver can be distracted by various reasons such as changing the radio to texting at the wheel. If it’s an activity not related to driving it can be considered distracted driving if it proves to be a visual or manual distraction of some sort. Additionally, Florida has passed a ban on all handling or using electronic devices while driving unless it’s for navigational purposes. So, unless you are talking on a hands-free phone it can be very easy to be ticketed for distracted driving.

Traffic Lawyer for Distracted Driving Tickets in Palm Beach County, FL

Driving distracted can significantly increase your chances of getting into an accident. Not only that, but officers are now legally allowed to pull you over if you are using an electronic communication device while driving. If you or someone you know has been ticketed for distracted driving, then we suggest you hire Meltzer & Bell, P.A..

The attorneys at Meltzer & Bell, P.A. understand that the consequences following a ticket are stressful and frustrating. Points added to your license, required driving school and even huge fines can be detrimental to your life. Learn how to fight ack by hiring an attorney at Meltzer & Bell, P.A.. We will contest your ticket and do whatever possible to get it dismissed.

Call us at (561) 557-8686 to set up your first consultation. Meltzer & Bell, P.A. accepts clients throughout the greater Palm Beach County area including West Palm Beach, Wellington, Boca Raton and Jupiter.

Overview of Distracted Driving in FL

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What Constitutes as Distracted Driving in Florida?

If you hear the words distracted driving, for most it conjures images of people gabbing on their phones while driving. Although phone-use is one of the major distractions for drivers it’s not the only one. The National Highway and Traffic Safety Administration (NHTSA) states distracted driving is anything that could take your attention away from the road.

You can imagine this would include a long list of activities. Some common distractions include, but are not limited to:

  • Talking on the phone
  • Texting
  • Checking email
  • Using a phone’s camera or video app
  • Reading
  • Eating and/or drinking
  • Changing the radio or music
  • Talking to other passengers
  • Using social media sites or apps
  • Navigating/using a GPS
  • Applying makeup or engaging in other personal grooming
  • Rubbernecking
  • Attending to children or pets

NHTSA defines distractions into three categories. These three main types include:

  • Visual Distractions – When a driver takes their eyes off the road to look at something unrelated to the task of driving such as rubbernecking to see an accident;
  • Mental Distractions – When a driver’s mind wanders from the task at hand and mental concentration is required for that task; and
  • Manual Distractions – When a driver takes one or both hands off the wheel to perform another activity unrelated to driving

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What Are the Penalties for Driving Distracted in Florida?

The state of Florida implemented harsh penalties for distracted drivers to encourage others to be more aware of their surroundings. A first-time ticket is a $30 fine with no points added to your license. A second conviction within five years will upgrade your citation to a moving traffic violation. You will be fined $60 and have 3 points added to your license as a result.

If you use a device in a hands-free school or work zone, you can also receive a moving violation. You’ll be fined $60 and have three points added to your license as a result. You must understand that if you have a certain amount of points added to your driving record the DHSMV will suspend your license automatically for up to six months.

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Florida’s 2019 Wireless Communication Ban

It was difficult for prosecutors to combat distracted drivers in the past due to the lack of legislation. There were numerous laws for talking on the phone or texting, but not all the other distracted behaviors a person could do on the road. To fight back, Florida lawmakers passed a new law that would ban all wireless communication devices while driving on the road.

Florida Statutes Section 316.305 states law enforcement can legally stop you for manually typing or entering letters, numbers or symbols into a wireless communication device. You also are prohibited from holding a wireless communication device in a school or work zone completely. The only exceptions to this rule is emergency vehicles, reporting criminal activity to law enforcement, receiving messages about traffic safety or using your device for a navigational reason.

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Additional Resources

Florida’s Wireless Communication Device Ban – Visit the official website for the Florida Senate to read the statutory language for the Wireless Communication Device Ban. Access the site to learn more about what a wireless communication device is under the law, exceptions to the law and what officers are required to do during a stop.

Florida’s Point Suspension System – Visit the official website for the Florida Department of Highway and Motor Vehicle Safety (DHSMV) to learn more about the driver’s license point system. Access the site to learn how many points lead to a suspension, points for certain violations, and how to get points taken off your license.

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Defense Attorney for Distracted Driving in West Palm Beach, FL

If you have been ticketed for distracted driving recently, then we highly encourage you not to pay the fine and instead gain legal representation. A conviction will add points to your license and result in an expensive fine. Call the attorneys at Meltzer & Bell, P.A. to learn all your legal options.

The attorneys at Meltzer & Bell, P.A. have years of experience that we can utilize for your case. You can reach us at Meltzer & Bell, P.A. and we will set up your first consultation free. Meltzer & Bell, P.A. accepts clients throughout the greater Palm Beach County area and surrounding counties including Martin County, St. Lucie County, and Broward County.

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Felony Possession Of Controlled Substance and DUI (Second Offense w/in 5)
The Defendant was charged with Felony Possession of Controlled Substance, punishable by 5 years in prison, and Driving Under the Influence, a second DUI offense within five years of a prior DUI conviction which carries a mandatory jail sentence and a five-year driver’s license revocation. The Defendant’s vehicle was stopped by Officer Malave of the Sunrise Police Department for repeatedly stopping and starting his vehicle near an intersection and for violating a flashing yellow light by stopping and remaining stationary at the intersection. Officer Malave approached the vehicle and made contact with the Defendant. Upon making contact with the Defendant, the Officer noticed that the defendant had the strong odor of an alcoholic beverage, bloodshot and watery eyes, slurred speech ; and the Defendant was incapable of formulating complete sentences. The Defendant would nod off in mid-sentence and was completely incoherent at times. After making those observations, Officer Malave, a female called for the assistance of two male officer’s due to the Defendant’s condition and physical size. The male officers loudly ordered the Defendant out of the car on multiple occasions, but the Defendant would not comply. The Officers attempted to forcibly remove the Defendant from the vehicle, but the Defendant resisted those efforts by bracing, pulling and stiffening his body so that the officers could not move him. The Defendant was slammed to the ground, which the officers took as a refusal to perform roadside exercises and then incorrectly read the Defendant implied consent, which only applies to breath tests. Officers noticed that there ere three cans of beer in the vehicle as well. The Defendant was arrested for DUI and was NOT taken to the Breath Testing Facility and DUI Room, but only the Broward County Main Jail. The Defendant was never asked to submit to a breath test. After the Defendant’s arrest, Officers discovered 27 pills located in a tackle box in the Defendant’s vehicle which ultimately were revealed to be anabolic steroids. Partner, Lawrence Meltzer of Meltzer & Bell prepared for trial. During preparation, the firm filed several Motions in Limine (Motions to Exclude Evidence) that asked the court to exclude any reference to roadside exercises or the Defendant’s alleged refusal top perform them as the Defendant was not offered the roadside exercises and, thus, never refused them. Additionally, the court was asked to exclude any mention of a refusal to submit to a breath test or failure to give on as, again, one was never offered. Finally, the court was asked to prohibit the State from discussing the anabolic steroids as such pills, although a controlled substance, are not those of an impairing or intoxicating nature. After receiving the Motion, the state conceded and was compelled to drop all DUI related charges. Meltzer & Bell was also able to have all felony drug charges dropped as well.
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Result:  Not Guilty
Driving Under the Influence
The Defendant was charged with Driving Under the Influence. Officers of the Davie Police Department were alerted by a concerned citizen that our client was leaving The Billiard Club, a pool bar, in an extremely intoxicated state and about to drive. The Officer approached the vehicle as the car was in reverse, ordered the Defendant to stop the vehicle and conducted a wellness check and noticed the Defendant had bloodshot eyes, the odor of an alcoholic beverage, and extremely slurred speech. Based on those observations, the officer asked the Defendant to perform roadside sobriety exercises, to which the defendant refused. The Defendant was placed under arrest for DUI and was asked to submit to a breath test, but, again refused. Lawrence Meltzer of Meltzer and Bell began to prepare for trial and researched case law in an effort to suppress or throw out the stop of the Defendant’s vehicle and all evidence that followed the stop as being unconstitutional and based upon a lack of reasonable suspicion as the Defendant had done nothing to justify her vehicle being stopped. The firm and Mr. Meltzer researched a similar factual scenario in State v. Sliviak in which the stop was suppressed based upon a lack of reasonable suspicion of criminal activity in an almost identical situation. This case law was presented to the State prior to trial. Upon receiving it, the State agreed and dropped the DUI charge.
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Result:  Charges Dropped
REFUSAL TO SUBMIT TO TESTING
The Defendant was observed by Officer Troy Murdock of the Coral Springs Police Department traveling 55 in a 40mph and weaving uncontrollably to the extent traffic began to slow in order to evade her. The officer activated his emergency lights in order to stop the Defendant, however, she did not until she was forced to because of a traffic backup at the intersection of Riverside Drive and Coral Springs Drive. Upon making contact with the Defendant, the officer noticed the defendant to have an extremely strong odor of an alcoholic beverage; that she could not handle or identify her vehicle documentation and that her speech was extremely slurred and that she was disoriented to the point where she was nodding off in front of the officer. When asked if she knew how fast she was moving the defendant responded by saying “I was doing 99.9”. The Defendant was asked to exit the vehicle and could not place the car in park. Upon exiting the vehicle, the Defendant almost fell into oncoming traffic and had to be saved by the officer. The Defendant could not maintain her balance and was disheveled in her appearance. The defendant refused to perform roadside exercises and later refused a breath test. The defendant had previously been arrested for DUI and previously had her licensed suspended for refusing a breath test and admitted to “having some vodkas”. Meltzer & Bell, once again, proceeded to trial. At trial, our attorneys were able to demonstrate that the officer was not truthful in his testimony through the use of photographs and google satellite photos, and based upon the testimony of the client.
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Result:  DUI Dismissed
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This past year I bought myself a new toy. It’s the third bike I’ve owned, so ‘Im familiar with the tickets that come with it. So far Steven Bell, Esq. has had my reckless driving reduced to a $50 fine and driving school-no points and a complete dismissal of criminal charges. Had my driving without a license dropped-no points. And a 30 over speeding ticket to a fine and driving school-no points. I’d have to say this law-firm handles their own. If your looking for a stress free way of handling your tickets call Meltzer and Bell PA, “The Traffic Stop”.

L.J.
19 Aug 2023

Meltzer and Bell, P.A., “The Traffic Stop,” really went above and beyond in their representation of me in Osceola County on my speeding ticket. They may possibly be THE BEST traffic lawyers I’ve ever encountered. Be sure to send your friends and family to the Meltzer and Bell, P.A., “The Traffic Stop,” for their traffic ticket and DUI needs. I can’t believe that they got the result that they did. Quite simply, they are the most professional firm that I have ever dealt with, and their level of expertise and communication is unparalleled.

I sincerely thank you for everything.

J.N.
27 Jul 2023

I just had to commend you on the outstanding job you did on behalf of your client in court yesterday. If my clients were ever to ask me if I know of a good DUI defense attorney, I know to whom I can refer them!

A.A.
14 Jun 2023

I just wanted to thank you for taking care of my ticket for me. I am thrilled with the outcome and I will definitely refer you to all my family and friends! Thank you so much!

C.W.
05 May 2023

Thank you Meltzer and Bell, The Traffic Stop, for handling my recent accident case. You did an amazing job in getting my case dismissed and saved me TONS of money in the long run. I will always recommend your services to anyone who wants the job done right!

K.R.
25 Apr 2023
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