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The best defense in your traffic case is often going to be knowledge. If you know your rights and know how the system works, you’ll be equipped to not only legally operate within it and know when you’re rights are being violated.

There Are No Laws Preventing Phone Calls Behind the Wheel

The laws on handheld and hands-free cell phone use will differ by state, so it’s important to be aware of where you are. In Florida, hands-free cell phone use is always allowed. You are also allowed to hold your phone while making phone calls behind the wheel EXCEPT when you’re driving in a school or construction zone. You must go hands free in those zones.

You are permitted to text on your phone behind the wheel only when stopped. Texting while driving is otherwise banned in Florida.

A Traffic Ticket is Dismissed if the Officer Doesn’t Go to Court

This sounds like a dream scenario, because it will save you time and money. Unfortunately, the court can proceed with your case even if the sole other witness (in this case, the officer) is not present. Your chances of having the ticket thrown out are increased if the officer doesn’t show up, but you shouldn’t plan around that being the case. Instead, working with your attorney to build your defense prepares you for any scenario.

Distracted Driving Laws are Limited to Cell Phone Use

Cell phone use is the most common form of distracted driving, but there are other scenarios where an officer can ticket you. Wearing headphones, for instance, is another violation of traffic laws in Florida. You can listen to music or podcasts on your radio, but you are not allowed to do it through a set of headphones. You are also violating the law if you are one of the drivers who allows their pet to sit on your lap while you’re driving. Thankfully, if you’re in a pinch and need to eat while driving you are NOT considered to be in violation of Florida law.

Flashing Your Lights While Driving is Illegal

This is your First Amendment right. A police officer can not give you a ticket for flashing your lights to warn other drivers of the presence of an officer or another hazard. This is an effective way to look out for other drivers and prevent dangerous situations on the roads.

Every Police Department Has a Quota

You might think you’re seeing more police patrols at the end of the month, but the truth is departments across the state are banned from using quotas. Former Govenror Rick Scott signed the bill into law in July 2015. If you believe a department is in violation of this law, you should contact an attorney to present your case.

If you feel like your rights are being violated, contact Malcolm Anthony, P.A. today. I want to protect your freedom and preserve your future. Contact us today



Jacksonville, FL Criminal Defense Attorney​​​​​​If you’ve been charged with a crime, you need the determination and experience of criminal defense attorney Malcolm Anthony on your side. As a Jacksonville area criminal defense attorney, I am a seasoned lawyer with a high success rate in criminal…

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