The phrase "texting while driving" describes a variety of actions, some more dangerous than others. The only behavior that will be out-and-out illegal when Florida's law takes effect this fall is typing a text message into a cell phone from behind the wheel of a moving car. But if you’re stopped at a traffic light, or stuck in a traffic jam, Sergeant Mark Wysocki of the Florida Highway Patrol says, you are free to text.
"When your motor vehicle is stationary, not in motion, not being operated, that's not considered a violation", said Wysocki.Neither is it a violation to send texts while you're driving if you're reporting a crime or some other emergency to the police. But here’s the BIG loophole in the law: It only prohibits manually typing a text message.
Bad idea, says Christine Yager, a researcher at Texas A-and-M's Transportation Institute. She did a big study of type-texting versus dictation-texting by drivers and found them almost equally dangerous.
"What we found was that reaction time for drivers was about two times slower compared to not texting and the amount of time the drivers spent looking at the road ahead was significantly less no matter what they used", Yager said.
Here’s the other thing about dictating versus texting: According to several authorities, once you send the message, nobody can tell whether you typed it or dictated it. That will be important if you’re in an accident serious enough for your phone records to be subpoenaed under the law. Prosecutors may have to presume that your text was sent innocently by dictation, and not unlawfully typed.