Page 10 - Hobe Sound Reflections - September '19

Page 10, Hobe Sound

estate planning

Put Down Your Cell Phone a moving violation and comes with three points assessed unequivocal and cannot be obtained through coercion or
Using a handheld cell phone in violation of the law is
any other improper method. The officer is not allowed to
When Driving against the driver’s license. For the first violation a person access the device without a warrant or to confiscate the
can elect to participate in a driving safety program geared device while waiting for a warrant to be issued.
By Carrie Lavargna, Esq. towards wireless device driving safety. The texting and handheld prohibition does not apply
Put down the cell phone The clerk of court is authorized to dismiss a case to the use of a navigation device or to cellphone use in a
while driving especially in and reduce court costs for a first-time violator of the stationary motor vehicle.
a school or work zone! handheld prohibition if that person shows the clerk proof This is a good law. Stay off your handheld cell phones
Texting while driving of purchase of hands-free equipment. while driving for safety and to avoid a citation.
is among the worst of all For using a handheld cell phone in violation of the This column is an overview of the subject matter and is
driver distractions because law, the law enforcement officer must indicate the type not intended as legal advice. Carrie Lavargna is an attorney
it involves manual, visual of handheld device used and that information is reported practicing law in Stuart at Lavargna Law, PLLC. She is
and cognitive distraction, to the Division of Highway Safety and Motor Vehicles board certified in real estate law by the Florida Supreme
according to a recent and reported to the governor and the Florida legislature. Court and recognized as an accredited estate planner by
report from the National The officer is also required to inform the motor the National Association of Estate Planning Councils.
Highway Traffic Safety vehicle operator of his or her right to decline a search
Administration. The report found that sending or reading of the wireless device. A person’s consent for the officer
a text message while driving takes the driver’s eyes off to search his or her cell phone must be voluntary and
the road for an average of five seconds, which at 55 mph
is like driving the length of a football field with one’s
eyes closed.
In 2013, the Florida Ban on Texting While Driving
Law was enacted to improve roadway safety, prevent
crashes related to texting and thereby reduce injuries.
Since 2013, law enforcement officers have been
authorized to stop motor vehicles and issue citations for
texting while driving as a secondary offense, which means
the driver could only be charged if the driver had already
been lawfully stopped for another traffic offense.
This year the Florida legislature amended the Florida
Ban on Texting While Driving Law. The new law changes
enforcement of the texting ban to a primary offense,
which will allow law enforcement to stop a vehicle solely
for texting while driving.
As of Oct. 1 of this year, the new law also prohibits
the use of a cell phone in a designated school crossing,
or in a school zone or work zone. This includes texting
and talking.

All About Kids from page 9

Thorne and Jenny Yingling for donating two bikes
and helmets. Others adding to the festive atmosphere
included Martin County Sheriff’s Department, Key
Clubs, Boy Scouts, SPAM Robotics, MAPS Robotics,
City of Stuart Police and Public Works (free snow
cones!), music and face painting!
Several nonprofits were on hand to inform parents
of available services.

Visit www.StuartAirShow.com for event info/tickets