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Your Rights in the Car

Being able to drive brings immense new freedom and responsibility, but it's important that those who drive are confident in their knowledge of their rights in the car.

In this section, you will find:

The Path to the Road

Learners License/Permit Law

  • Must be at least 15 years old

  • If under 18 years old, the minor must have a signed Parental Consent form

    • Step-parents may not sign unless they have legally adopted the minor child

  • Proof of Driver Education Traffic Safety course completion

  • Pass a vision and hearing test

  • Pass Class E Knowledge Exam

  • Documents establishing proof of identity, proof of social security number, and proof of residential address

Requirements

  • Must be at least 16 years old

  • Must have a learner’s license for at least 12 months or reach 18 years old, whichever comes first

  • An adult of at least 21 years must certify the driver has 50 hours of driving experience, 10 of which must be at night

  • Must pass Class E Driving Skills Test

Requirements

Limitations

  • For the first three months after the license has been issued, the driver may only drive in daylight hours. After three months, they may drive until 10 p.m.

  • Drivers must always been accompanied by a licensed driver of 21 years of age or older

Limitations

  • At 16 years old, those with a Driver’s License may only drive between 6 a.m. and 11 p.m.

  • At 17 years old, driving is only allowed between 5 a.m. and 1 a.m.

  • The driver may only drive outside of either of these hour restrictions if driving to or from work or if accompanied by a licensed driver of at least 21 years  

Driver's License Law

Law Enforcement Interactions

Traffic stops are only legal if the police have a legitimate reason for stopping the driver initially and if the police conduct the stop in a reasonable manner. For these reasons, random traffic stops to check licenses, vehicle registrations, or insurance are not legal.

The Fourth Amendment provides that police can only search your vehicle under very specific circumstances. Absent a warrant or voluntary consent, police may only search the vehicle when they have probable cause to believe it contains contraband or the evidence of a crime.

If an officer does have probable cause to conduct a search of your vehicle, the search is limited to searching for whatever the officer believes they will find in the places that it may be found. For example, if an officer has probable cause to believe there is a large firearm within the vehicle, it isn't necessarily reasonable to search a small purse in the passenger seat.

When an officer asks if they can search your vehicle, body, or possessions, you are always allowed to decline. Your declination will not be used as evidence against you. If you choose to waive your right by consenting to the search, you may later rescind consent at any point during the search by clearly articulating that you would like to end the search.

So what do you do?

While being pulled over—especially as a teenager—can be an unfamiliar and intimidating process, confidence in your rights can give you the power to face the interaction without fear.

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Maintaining calm throughout the interaction is essential. When you see flashing police lights, signal and pull over to the side of the road in the next safe area.

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If it is too dark or you feel unsafe, it is generally acceptable to slow down, turn on your hazard lights, and drive to a more public or well-lit area before stopping.

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Once you have stopped, keep your hands visible. The safest place is on the steering wheel. Wait for the officer’s instruction before you attempt to reach into your glove compartment, pockets, wallet, or bag.

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If you need to reach for something, announce what you intend to do out loud. Sudden, unexpected movements can lead to the situation being quickly escalated.

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While driving, you are required to have your driver’s license within your immediate possession and you must be able to present it at the demand of a law enforcement officer. In the event that you do not have your physical license with you, you are permitted to present digital proof of driver’s license in lieu of a printed one.

Remember that knowledge of your rights can carry yourself a long way. In a police interaction, stay calm, respectful, and wield your rights with confidence.

Texting & Driving

The Law

It is illegal in Florida to operate a motor vehicle while manually typing into a wireless communication device, such as a phone. It is also illegal to send or read data on a device to communicate via texting, emailing, or other forms of instant messaging.

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It is also illegal to hold a phone in your hand while driving through any school crossing, school zone, or work zone with workers present.​

There are some exceptions to these laws:

  • drivers who are reporting an emergency or criminal activity to law enforcement

  • drivers who are receiving messages that are related to the operation or navigation of the vehicle

  • drivers who are receiving messages that contain safety related information

  • drivers who are using their device for navigation purposes

  • drivers who are operating an autonomous vehicle with the automated driving system engaged

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Police who stop a driver for violating texting-and-driving laws must inform the driver of their right to decline a search of their device and may not access the device without a warrant or confiscate the device while waiting for a warrant to be issued.

Questions?

Think you have it all figured out?

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