$2000 fine: texting while Driving

http://www.oregonlive.com/politics/index.ssf/2013/02/driving_and_texting_could_turn.html

I doubt it will work, there are too many people who will do it no matter what. I don't, but I have heard people say that it was a stupid decision to even make a law about it at all because its a lot more dangerous to drive and text while hiding the phone out of view than where you can still look at the road.

just put it under the already in place DUI offenses.. as texting could be considered an impairment

Well I don't feel bad for people who get killed while texting and driving so I can't feel bad for them getting their asses fined off either.

GameboyRMH wrote: Well I don't feel bad for people who get killed while texting and driving so I can't feel bad for them getting their asses fined off either.

It's not the people doing it that I worry about. I whole-heartedly approve of the fines, but good luck prosecuting. Potential $2k fine = time to lawyer up. How the berkeley is the state going to PROVE you're guilty; assuming you didn't admit guilt?

How does a cop PROVE you were speeding?

He SAW you do it. (They of course would need to be in a position to see it, otherwise I am not sure how you could give someone a ticket)

I am not sure proof is an issue here. You would have to go with the "O.J, the cops are out to get me" defense if you wanted to defend against that.

poopshovel wrote:

GameboyRMH wrote: Well I don't feel bad for people who get killed while texting and driving so I can't feel bad for them getting their asses fined off either.

It's not the people doing it that I worry about. I whole-heartedly approve of the fines, but good luck prosecuting. Potential $2k fine = time to lawyer up. How the berkeley is the state going to PROVE you're guilty; assuming you didn't admit guilt?

That's easy.

Video time stamp in the police car coordinated with cell phone records. You do realize a record is kept of all those texts, right?

At that price municipalities will be lining up to get the necessary warrants so they can grab at the revenue stream.

Travis_K wrote: ...people say that it was a stupid decision to even make a law about it at all because its a lot more dangerous to drive and text while hiding the phone out of view than where you can still look at the road.

That is a stupid idea.

Our local police and sheriff pull dead kids out of cars frequently who were texting. Where I live, there are no curbs. There are drainage ditches pretty much everywhere. Kids take there eyes off the road at speed to text, wander onto the shoulder, and the next thing that happens is a roll over.

aircooled wrote: How does a cop PROVE you were speeding? He SAW you do it. (They of course would need to be in a position to see it, otherwise I am not sure how you could give someone a ticket) I am not sure proof is an issue here. You would have to go with the "O.J, the cops are out to get me" defense if you wanted to defend against that.

I don't know how many speeding tickets you get a year (I average about 1.5,) or where you live, but yeah, "I observed the defendant..." doesn't mean E36 M3 in court. No points on my license, btw.

In reply to poopshovel:

See above^^

SVreX wrote:

poopshovel wrote:

GameboyRMH wrote: Well I don't feel bad for people who get killed while texting and driving so I can't feel bad for them getting their asses fined off either.

It's not the people doing it that I worry about. I whole-heartedly approve of the fines, but good luck prosecuting. Potential $2k fine = time to lawyer up. How the berkeley is the state going to PROVE you're guilty; assuming you didn't admit guilt?

That's easy. Video time stamp in the police car coordinated with cell phone records. You do realize a record is kept of all those texts, right? At that price municipalities will be lining up to get the necessary warrants so they can grab at the revenue stream.

If I killed someone, yes, I can see ATT providing records to the local cops, and the local cops taking the time/effort to get said records. I doubt our local cops have time stamped video in their cars, and I doubt they're going to go through that trouble for a traffic stop.

I'm not saying it's not a problem. It's a HUGE problem. I'm just saying that this is another "revenue generating" knee-jerk reaction to a problem that does absolutely nothing to SOLVE said problem.

Paul: "I saw Mike texting while driving" does not hold water in court, just like "I saw Mike speeding" doesn't.

Tax the stupid! (Those who admit guilt) Tax away! It's not going to solve the problem, and the tax collectors KNOW IT!

SVreX wrote:

Travis_K wrote: ...people say that it was a stupid decision to even make a law about it at all because its a lot more dangerous to drive and text while hiding the phone out of view than where you can still look at the road.

That is a stupid idea. Our local police and sheriff pull dead kids out of cars frequently who were texting. Where I live, there are no curbs. There are drainage ditches pretty much everywhere. Kids take there eyes off the road at speed to text, wander onto the shoulder, and the next thing that happens is a roll over.

Oh, I know its stupid. Some people I knew from college classes were having that conversation, I just didn't say anything. If I need to use my phone for something while I'm in the car I just stop in a parking lot or something for a minute.

poopshovel wrote: I don't know how many speeding tickets you get a year (I average about 1.5,) or where you live, but yeah, "I observed the defendant..." doesn't mean E36 M3 in court. No points on my license, btw.

So how do they prove you ran a stop sign? They have to have video of it?! I don't think so.

I watched a lady stop at a stop sign and put her hazards on to text today. There were two lanes so everyone just drove around her. She finished, and went on her way. While I'm sure it was safer than texting while moving, I really hope stopping and texting doesn't become a thing.
What do we do about the cops texting? I see at least one a week driving along looking at his phone.

I don't get what the big berkeleying deal is.

Hell, I'm typing this to you now running 77 mph on I 40 just west of

I don't see a purely revenue generating law proposed here, most likely lobbying by insurance and safety groups w/ accident statistics.

Google Ex: "According to researchers from the University of North Texas Health Science Center in Ft. Worth, texting behind the wheel accounted for 16,141 deaths between 2002 and 2007."

yup, that'll get their attention

So lawmakers react by making laws and instituting or raising fines.

No real surprise here.

How about this: You have an accident while texting you don't get to have a drivers license for 2 years? Second offense you go to jail.

In case there are those who doubt it can be proven, a few years ago the guy on the train who was texting some kids and ran into another train claimed he was not texting. Bzzzt- his cell phone records show that he sent a text about two or three seconds before the crash. Stone. Cold. Busted.

I applaud the fines; hopefully some of these dumbE36 M3s will accept that it's a stupid thing to do. Hell, I can alwas tell when some dumbass is texting, there's a big 'knot' in the traffic around them as they weave or run under the prevailing speed. Here's a news flash for those dumbasses who truly believe it's a multitasking thing: if you are multitasking it means you are not doing ANYTHING well.

Now GTFO my lawn.

Could not agree with you more, Curmudgeon. Thank you!!!

poopshovel wrote: I'm not saying it's not a problem. It's a HUGE problem. I'm just saying that this is another "revenue generating" knee-jerk reaction to a problem that does absolutely nothing to SOLVE said problem.

It's not the government's problem to solve ANY problem. It's their job to govern.

gov·ern [guhv-ern]

Where in the heck do we get the idea that they are supposed to FIX anything? It's not their job. Call your therapist, doctor, or plumber if you want something fixed.

In this case, I'm OK with them fining the E36 M3 out of folks.

SVreX wrote: ....It's not the government's problem to solve ANY problem. It's their job to govern...

Not enough power or water in a town, not something for the government to deal with? Or not a problem?

I think your statement might be a bit too black and white.

I just don't want to get mowed down on my bicycle because Mckenna, Hayden and Kaylee were busy being preoccupied texting.

I was recently behind a woman in a QX56 who was visibly texting and veering into the breakdown lane on a road near my house. I'm still kicking myself for not laying into the horn.

I'm all for the $2000 fine. Timestamp + phone record as previously mentioned. Vehicle was in motion at the time of timestamp photo, text was sent in that time. Done deal. Thank you, come again...

Ain't like most munis will observe and cite a driving texter w/o them admitting to it after a traffic stop. More likely the phone will be searched after accident reconstruction.

K