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View Full Version : First of it's kind. A bit surprised



S.V. Airlie
05-31-2012, 07:49 AM
States have played around this issue quite a lot without addressing this.It's already illegal to use a cell phone while driving in many states so am not sure what added limitations while driving can be applied
http://articles.boston.com/2012-05-29/metro/31882012_1_text-messages-texting-while-driving-prosecution

Nicholas Scheuer
05-31-2012, 07:54 AM
A good way to jail idots, so they can't reproduce.

Dan McCosh
05-31-2012, 07:58 AM
No state bans cell phone use while driving, while the majority ban texting while driving. About 10 states ban hand-held cell phone use while driving. The case is likely to add to the movement to address the various issues involving "distracted driving". It is rapidly becoming a major auto safety issue as various distracting features become available

S.V. Airlie
05-31-2012, 08:02 AM
Dan, I said cell phones are illegal. I figured as the laws are aimed at driving while on the cell phone, it was implied. They are not banned. Never said they were.

skuthorp
05-31-2012, 08:03 AM
It's illegal to use a cell phone whilst driving here unless you are a member of the police force. Even hands free are not strictly legal, the onus is on the user to prove he was using it safely, unless you are a member of the police of course.
http://www.police.vic.gov.au/content.asp?Document_ID=9588

Mrleft8
05-31-2012, 08:05 AM
I would love it if the cops would enforce the hand held cell phone use while driving law.... But they wont.... I almost got clipped by a cop who blew through a red light while talking on his cell phone a couple of weeks ago.

Dan McCosh
05-31-2012, 08:06 AM
Dan, I said cell phones are illegal. I figured as the laws are aimed at driving while on the cell phone, it was implied. They are not banned. Never said they were. No state has a law against driving while on a cell phone. Cell phones are not illegal, either. What is banned in about 10 states is using a hand-held cell phone while driving.

S.V. Airlie
05-31-2012, 08:06 AM
Yea, I like that loop hole in CT. Excuse was the police have to be able to call the station as if they don't have any other means of doing so.

S.V. Airlie
05-31-2012, 08:08 AM
Dan you are nit picking madly. Why, I have no idea.Having a bad day?

Ian McColgin
05-31-2012, 08:31 AM
So back to the topic of distracted driving. I'm not at all convinced that our law is crafted all that well. It would be better if the many distracted driving behaviors - personal grooming, cell phone (even hands free), texting, reading the paper (really!) - could be aggrivating factors making a minor infraction a bit more meaningful. My belief is that traffic enforcement works better if cops have the ability to make minor citations, perhaps that function like warnings already do, much more common. Most accidents are the result of inattention and most inattention is habitual, so the theory is that more attention to minor stuff will cause drivers to pay attention and thus prevent the more dangerous accidents.

From all that and adding the burden of proof problems that making a texting charge cause, seems to me the prosecutor is risking a lot here. We'll see.

skuthorp
05-31-2012, 08:37 AM
Quote Ian McCoglin: "It would be better if the many distracted driving behaviors - personal grooming, cell phone (even hands free), texting, reading the paper (really!)"
When I commuted every day I saw that stuff too, a woman who ate cereal, from a bowl with a spoon on the freeway, regularly. A man with a paper on the steering wheel and a notebook computer open above it. Men shaving, reading street directories on the passenger seat beside them, women doing makeup in the rear vision mirror, and then the small dogs or small children on the drivers lap........!

Ian McColgin
05-31-2012, 08:56 AM
Among drivers who actually gain from experience, most peak after about six years. That is, with practice driving, people become better and better able to process rapidly arriving information - to distinguish a converging car from one that's just in an ajoining lane, to even look where traffic signals are located, to be aware of following vehicles, etc etc. Just watch a truely good mature driver versus a new driver.

Unfortunatly, it seems that all too many folk don't keep learning past driver's ed and passing first license, and even those who do seem to stop learning after about six years. Then bad habits become stronger till you get to a place where even a string of minor accidents don't warn them.

So, at any age and any level of experience, distracted driving is a problem and it is truely amazing that so many commuters survive for as long as they do. But for a kid --- this girl was 17 when she killed with her car and really at that age she'd have enough of a challenge driving with truely no distractions. Frankly, she never stood a chance and neither did any unfortunate enough to be in her path.

As an aside on "hands free" - it's bull. There is something interestingly distracting about a phone conversation, as opposed to chatting with someone actually in the car. Studies have shown that the level of driver impairment of having a hands free cell phone call going is about as bad as holding the thing. It is possible to train for the distraction - a good cop can communicate while driving code three and air plane flight crews, boat officers, and pretty near everyone in professional transportation handles electronic communications. But most folk don't learn that skill and even of those who do, non-professional chatter on the phone is more distracting.

Again, I'm not sure that outlawing cell phone use is the answer, but it ought to be an aggrivating factor in any traffic stop for something light like weaving or failure to signal. It's considerably more dangerous than most people admit to themselves.

Dan McCosh
05-31-2012, 09:00 AM
Dan you are nit picking madly. Why, I have no idea.Having a bad day? I guess because having the facts backwards sets the discussion back a bit. You start by saying "States have played around.. without addressing this". In fact, the majority--about 38 states-- have enacted a law banning texting while driving. You then say 'It's illegal to use a cell phone in most states". Not true at all. The issue here is whether using a cellphone at all, particularly a hands-free phone, is as bad as using a hand-held phone. That is a very hot topic being debated at both the federal and state levels, with considerable lobbying going on to maintain the new hands-free systems offered in most hands-free equipped cars. Aside from texting and cell phones, there are numerous new distractions being added to cars, ranging from navigation screens to Email services. These also have a huge potential for "distraction". This is a major safety issue, which makes it worthwhile to keep the basic issues clear.

George Jung
05-31-2012, 09:01 AM
SD is one of the few states that won't even pass a ban on texting while driving. Unbelieveable.

S.V. Airlie
05-31-2012, 09:08 AM
Dan what they, the courts have played around with dealt with other cases that have come before the court, as an example, when the driver was not texting and the driver of the other car was. The second driver sued. Lost.There has not been a case of vehiculat homicide until now due to texting.

Dan McCosh
05-31-2012, 09:16 AM
Dan what they, the courts have played around with dealt with other cases that have come before the court, as an example, when the driver was not texting and the driver of the other car was. The second driver sued. Lost.There has not been a case of vehiculat homicide until now due to texting. The first google search shows two cases on the first page.

S.V. Airlie
05-31-2012, 09:23 AM
And I was referring to one. And your point is?

Flying Orca
05-31-2012, 09:24 AM
SD is one of the few states that won't even pass a ban on texting while driving. Unbelieveable.

Yeah, but has that one car hit the other one yet? :p

(Like I should joke about that here in Manitoba!)

S.V. Airlie
05-31-2012, 09:28 AM
No, but that moose was bloody big.

George Jung
05-31-2012, 09:36 AM
1) yes
2) no moose in SD - but lots of deer, turkey and pheasants, not to mention Harleys in the summer.