By Miami Herald Archives
Does Florida law allow you to eat and drive? What about drinking next to the driver? And can you text if you’re stopped at a red light?
Here are some questions and answers about Florida traffic laws to help keep you out of trouble:
Can you ride in the bed of a pickup truck?
Adults 18 and older can ride in the bed of a pickup truck without a seat belt as long as they are sitting flat on the bed, and not elevated on any surface like a cooler or cardboard box, according to Florida law. Passengers 17 and younger can ride in the back of a pickup as long as the bed has been outfitted to include secure seating and seat belts.
Can you eat, text, shave or put on makeup while driving?
There is no law against eating, shaving, reading, adjusting the radio, arguing while driving. But there is a law against distracted driving. So, if a bite of burrito leads to an explosion of beans on your lap and you end up swerving or worse, you can be cited. If your distracted driving causes a crash, you could be charged with reckless driving. And as far as texting: Drivers can use the phone when their car is fully stopped, such as at a red light or stop sign or maybe gridlocked in traffic. But you need to put it down once the car is moving again.
Can you run a red light that doesn’t turn green?
No Florida allows a driver to pass a solid red light that doesn’t change to green. That means you are risking a ticket if you go on red, even if you have a good reason. If you do pass what you think is a stuck light and get caught, you can take it to court.
Can passengers drink alcohol in a car?
It’s illegal in Florida to possess an open container of alcohol or to consume alcohol while you’re driving or while you’re a passenger in a vehicle. If you’re parked at a private property, you’re allowed to have a drink while sitting in your parked vehicle. Just make sure that you’re not on a public road. You can drink as a passenger in a commercial vehicle such as a bus or a taxi cab, but not in an Uber. And self-contained motor homes over 21 feet in length are also safe.
Do you have to comply at a DUI checkpoint?
If a police officer pulls you over at a DUI checkpoint, you have to comply, as well as supply your license and registration. And under Florida law, if you undertake the privilege of driving, then you have implied your consent to blowing into a breath test or taking a blood or urine test. You don’t have to take a field sobriety test, such as walking a straight line. You can refuse to take a chemical or physical roadside test, but that could lead to the suspension of your driver’s license for a year for a first offense, or 18 months if you’ve previously had your license suspended.
Can you stay in the left lane?
Drivers who aren’t passing cannot continue to be in the left lane if they “know or reasonably should know” that they are being overtaken from behind by a faster vehicle. The Florida law applies on roads, streets and highways with more than two lanes headed in the same direction. If drivers are preparing for a left turn at an intersection, or if they are using the lane to pass other drivers, the law doesn’t apply.
Can your dog or cat roam free in the car?
You don’t have to restrain your pets while you drive. Technically, they can roam throughout the cabin or sit on your lap. Even though it’s legal for your pet to roam in the car or settle into your lap, you could still be charged or fined if your pet causes you to drive dangerously.
Who can use the highway express lanes?
Only two-axle cars and buses with a properly displayed SunPass are allowed to use the express lanes. Emergency vehicles are exempt from this restriction. As long as you have a SunPass, anyone can use the express lanes. You don’t need to be in a carpool to use them.
Do you need to slow down or move over for cars on the side of the road?
Florida law used to only require drivers to slow down or move over for emergency vehicles on the shoulder of the road. Now, a change in the law means that drivers need to do either for all vehicles.
Can you curse or give the finger to another driver?
You won’t be fined or arrested for flipping off another driver who cuts you off in traffic. But if your finger or expletives lead to aggressive driving or violence, the road rage can lead to trouble with the law.
