Marco Rubio could have been pulled over for selfie video about Bernie Sanders under new Florida law

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Marco Rubio

• Marco Rubio posted a video essay to Twitter on Monday, filming himself while driving to warn of the dangers behind the rise of Bernie Sanders and democratic socialism.
• Under a new Florida law, Rubio's selfie-video would serve as probable cause for officers to pull him over.
• As for whether Rubio's selfie-while-driving video could get him a ticket, a Florida personal injury said "it's not black and white."
• "You're supposed to be paying attention to the rules of the road while driving, and you're certainly not doing that while taking a picture of yourself," the attorney said.
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U.S. Sen. Marco Rubio, R-Fla., took to Twitter Monday with a video of himself driving while complaining about Bernie Sanders and democratic socialism.

Glancing between the road and his phone while wearing a loose teal t-shirt, Rubio winds through a residential neighborhood flanked by palm trees as he laments Sanders' momentum post-Nevada.

"The bottom line is that unless the Democratic establishment steals it from him, Bernie Sanders - a democratic socialist - is gonna be the Democratic nominee for president," Rubio says with one hand on the wheel and the other on his phone. "And that's a really big deal, because democratic socialism sounds benign, but at the core of democratic socialism is Marxism.

"And at the core of Marxism is this fake offer, that if you turn over more of your individual freedom, we're gonna provide you security, we're gonna provide you free health care ... free education," Rubio continues, flicking on his turn signal before directly addressing the camera. "But the problem is, when they can't deliver on it ... you can't get your freedoms back."

While Florida used to have rather lax laws regarding cell phone use while driving, a new "Put It Down" law kicked into effect on Jan. 1, allowing police officers to pull people over if they observe them holding a cell phone while driving.

The law marks an important shift, according to Florida personal injury attorney Scott Distasio, because officers used to have to find another reason to pull drivers over if they wanted to hit them with a texting-while-driving ticket.

When asked about the Rubio tweet, Distasio said the senator could definitely have been pulled over, but his use of the selfie video falls into a legal grey area depending on when he tweeted it.

The law specifically outlines "sending data" while using a phone without a hands-free device as an offense, but does not specify when it comes to filming or recording while holding one's phone.

"I think that it's not black and white, because we're saying 'sending data,' but is he actually sending the data?" Distasio said.

Rubio's senate office did not return a request for comment on when and where the video was taken and uploaded, or if the senator was aware of the law.

However, Distasio said Rubio's apparent distracted driving could still land him in legal hot water.

Distasio pointed to another statute under Florida motor vehicle law on careless driving, arguing that Rubio's use of the selfie-cam "would definitely violate this statute."

Regardless of any interpretation of exchanging data or careless driving, Distasio found the senator's video rant to be a poor decision.

"But still, taking a picture of yourself while driving irrespective of that statute," the attorney said. "You're supposed to be paying attention to the rules of the road while driving, and you're certainly not doing that while taking a picture of yourself."

Democratic Socialism sounds benign. It's not. It's built on Marxism. pic.twitter.com/VoFZlkSIgT

- Marco Rubio (@marcorubio) February 24, 2020

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