As children, every person looked up to their parents, who had the power to drive them anywhere they pleased with what seemed to be minimal effort. Driving gives many teens a sense of freedom, but with that same freedom, comes responsibility. Knowing and understanding Florida’s traffic laws and what to do if you get pulled over isn’t just a testing requirement or a flex, but it protects you, your passengers and your legal privileges to drive.
Commonly Overlooked Driving Laws
- Speeding: exceeding the posted speed limit, just a couple miles per hour (MPH) over is one of the most common reasons teens and all drivers get pulled over. The Florida Highway Safety and Motor Vehicles (FLHSMV) emphasizes obeying the posted limits as a key to driving safety, and an important factor in the reduction of car crashes.
- Seat Belt Law: Florida issued the “Dori Slosberg and Katie Marchetti Safety Belt Law” which makes not wearing a seatbelt a primary offense. This means that any law enforcement may stop your vehicle just because of a seatbelt violation; the official law requires all drivers and passengers to wear seatbelts.
- Phone Use Laws: Florida’s Wireless Communications While Driving Law prohibits texting, emailing, and any other use on a handheld device while driving, applicable to all drivers.
- License Rules:
-Teens with a Learner’s Permit (generally 15 years of age) must drive with a licensed driver 21 or older in the front passenger seat. For the first three months, they can only drive during daylight hours, after which they can drive until 10 p.m.
-Teens with a Driver’s License at 16 years of age can only drive between 6 a.m. and 11 p.m.; although, they may be allowed to drive during restricted hours if they have a licensed 21-year-old driving with them, or driving to and from work.
-Teens with a Driver’s License at 17 years of age can drive from 5 a.m. to 1 a.m; although, they may be allowed to drive during restricted hours if they have a licensed 21-year-old driving with them, or driving to and from work.
Getting Pulled Over Procedures
If you are stopped by the police while driving in Florida, it is important to remain calm and within the law. A recommended approach may be as follows:
- Pull over safely, generally to the right side, as soon as you can.
- Stay inside the vehicle unless the officer asks you to step out.
- Keep your hands visible at all times, ideally on the steering wheel, while avoiding sudden movements.
- Roll your window down and respond courteously.
- Only reach for your license, registration, and proof of insurance after the officer requests them.
- Ensure that valid driver’s license, vehicle registration, and proof of insurance is provided.
- Answer calmly and respectfully.
Although the steps provided above are generalized and possibly not applicable in every single scenario, they are a solid basis for ensuring compliance with legal duties while protecting your rights.
Your Rights During a Traffic Stop in Florida
Even though you must present certain documents, you still retain important rights and knowing them may allow you to avoid accidentally giving them up.
- You have the right to know the reason for the traffic stop, and if not provided, you may request it from the officer. Reasons for the stop may be because you broke a traffic law or due to an active investigation.
- You are not required to answer questions beyond essential identification information. Questions such as “What are you doing around this late at night?” are optional and you may politely decline to answer invoking your right to remain silent.
- You are permitted to refuse a vehicle search, by calmly saying “I do not consent to a search.”.However, if the officer has probable cause to believe there is evidence of a crime, he may conduct a search without consent. If this occurs, do not resist or try to object; let the search occur, and then allow the courts to decide.
- You may record the police officer during a traffic stop, as they are public officials serving in a public space. However, beware of not interfering with their duties or failure to comply with a lawful order given by the official.
Common Misunderstandings
- “Doesn’t refusing a search just makes me look guilty?” asked junior Marco Uriarte.
- Not at all, legally speaking, refusing consent to a search is well within your rights, and is recommended. Additionally, this refusal is not usable as evidence in court.
- “If I’m polite, I won’t get a ticket, right?” inquired junior Samir Khalil. Although being polite may help, it doesn’t make you immune. If you broke a law, such as speeding or seat belt violation, you can still get a citation.
- “Isn’t it true that I can only be pulled over unless I break a traffic law?” questioned junior Jaiden Rosado. Not entirely, as a reasonable suspicion of impaired driving, visible equipment issues (broken taillight, obscured tag etc…) and/or expired tag, may subject you to a traffic stop.
Post Traffic Stop
- Read the ticket carefully; ensure you are aware of the court date and/or amount of your fine.
- Tell a parent or a guardian, especially if you are under the age of 18 as they may need to be involved.
- Make sure to know your courses of action; depending on the ticket you can contest it, take a course ,or pay the fine.
- If you believe your rights may have been violated, you may file a complaint with the agency or consult an attorney. Do not argue with the officer during the stop as arguing roadside will probably make things worse.
Conclusion
Knowing the laws, knowing what is expected of you, and understanding your rights will help you stay safe and avoid costly mistakes out on the road. Driving in Florida is a privilege, and being informed makes you a more responsible driver.
*As Florida Laws are constantly being amended, make sure that you are doing your own research.
*Remembering the entirety of this may be difficult, so saving this in case it’s needed may be helpful.
