Dumb law is unenforceable
Tennessee passed a law banning texting while driving. I called it stupid because endangerment already covers that and I said it would be unenforceable. Seems that most phones do other things. My phone is a word processor, data processor, camera, video camera, Mp3 player, web browser, GPS, data storage, email reader, RSS aggregator, other stuff I can’t remember and I think it’s even a phone too. So, if I am using a lawful application (like making a phone call since dialing is lawful, using my GPS, or hitting next on the MP3 player), how can officer friendly determine if I’m doing something lawful or texting? Well, he can’t.
July 23rd, 2009 at 10:50 am
Hey, your phone is just like mine except for the unlocked part. (Not that it matters, the farthest I’ve been from Chicago, in seven years, is Pohonicks, Arizona. And it only cost me $49.99.) But … can you use it as an external modem on a PC with a decent keyboard and screen? I can’t, with mine.
July 23rd, 2009 at 11:15 am
“Go go gadget!” Uncle, a cellphone that does all that must be big and heavy enough to counterbalence your pistol! 🙂
July 23rd, 2009 at 11:54 am
Hypothetical: You get in an accident while driving. When the accident happened, you had just sent a text message or you were talking on your cellphone. Could they pull your cell phone LUDs and nail you that way? They can get them without a warrant (Smith v Maryland 1979).
July 23rd, 2009 at 12:03 pm
I’d say. At that point, they probably could deduce that your activity endangered others. And the TN AG recently opined that was the case.
July 23rd, 2009 at 1:02 pm
Wow. My phone–uh, it’s a phone. Doesn’t have a camera, interweb connection, none of that. See, I needed something with which I can make phone calls.
July 23rd, 2009 at 1:09 pm
Well, it is a phone too. And a calendar, address book, task manager, modem, calculator, etc.
July 23rd, 2009 at 2:15 pm
I stopped caring about using a cell phone just for ‘calls’ about the time I got my wife a nokia 5800. Became a sellout and got an iphone shortly thereafter.
But, yeah, always thought texting laws and such were just more ways to hand out tickets.
July 23rd, 2009 at 3:41 pm
I’m sure that was the reaction of many people when the no drinking and driving laws came into effect and many lives have been saved as a result.
Same holds with using handheld devices while driving, whethers you’re texting, talking on the phone, etc. The NY Times had a couple of articles about distracted driving here and here
July 23rd, 2009 at 4:10 pm
Well, that explains why sober driver kill 150% of the people accidents where alcohol was involved, doesn’t it?
I couldn’t wait to throw my cell phone in the trash. Did so six years ago when I no longer needed it for work.
July 23rd, 2009 at 6:48 pm
If a police officer sees you doing anything on the phone, could they use an anti-texting law like this to pull someone over since they had a ‘good reason’/’probable cause’ to believe they might be doing something illegal (ie texting)? Then, once pulled over, even if texting couldn’t be proven, the police could still look in windows and question the driver to see if they would admit to texting or to possible find some other reason to ticket or arrest them (eg drugs, weapons, etc).
July 23rd, 2009 at 8:15 pm
easy to fix just make it a crime to touch a cell phone wile driving, If I can’t drink a fifth of tequila and drive around the school I don’t see why it is OK to watch a movie on your iphone wile driving.
July 24th, 2009 at 10:42 am
To Alien:
The fact that the individuals that supported this law knew that there was no way in which an officer would know what you were doing with your phone, it is exactly that, an enabler for random traffic stops claiming that the cell phone gave probable cause. If anyone can think of any other reason, I would love to hear it.