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Old 11-19-2014, 03:05 PM
 
Location: Duluth, MN
534 posts, read 1,172,830 times
Reputation: 925

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Quote:
Originally Posted by ltkenbo View Post
I'm talking about constitutional rights in terms of enforcement, the right for the police to search someone's phone. If we are going to pursue this route then you should note that just because you are performing a task not protected by the constitution does not mean your constitutional rights are negated. Ie driving a car isn't protected but the police searching your car without probable cause is. This law is difficult to enforce and if you are supporting a more strict version of it then by the same logic you should be championing laws against all distracted forms of driving (eating, drinking coffee, doing your makeup etc.). I agree that gps usage is distracting to, but I (and many others) use it to get around. I actually bought one of those window/dash mount holders for my phone so when I'm using it it don't need to look down.

I agree with others that education is the strongest case to make against texting while driving. If you teach people (especially the next driving generation who have grown up with smartphones) the dangers of texting as well as other distracted forms of driving I believe you will save many more lives. I wear my seatbelt not because the law tells me to but because I know the facts and that it's stupid not to.
The 4th Amendment rights regarding telephones is aimed the protecting the content of the phone's use, i.e. the information contained in a given person's telephone conversation. It does not protect the ability to use the phone, in and of itself.

Since driving is likewise not a constitutional right, but rather a privilege which can be taken away, so should cell phone use when it endangers other motorists. Now obviously, you can't take away someone's ability to use a phone, but if they use it while driving, you can certainly take that privilege away.

Personally, I have no idea what all of these people are actually talking about that requires so much time on the phone. A friend of my wife's may as well have the phone glued to her head. I see people in their cars laughing and yakking at 4:30 in the morning...(???) These are apparently the same folks who feel the need to use facebook or twit(ter) to tell everyone they know that they just sneezed, broke wind, or bought a soda. So busy talking about their lives that they forget to actually live them. But I digress...

As a male (and a married one, to boot), I'm utterly aware of my limited attention span (), so I try not to do it - unless it's an emergency. Even then, I would still try to pull over. Otherwise, any call can wait, IMO.
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Old 11-19-2014, 07:48 PM
 
Location: Tampa, FL
42 posts, read 44,562 times
Reputation: 33
Lol once again:

Quote:
Originally Posted by ltkenbo View Post
I'm talking about constitutional rights in terms of enforcement, the right for the police to search someone's phone.
I'm using the fourth ammendment in terms of enforcement. Police enforcing the law and actually catching people texting. My point was that the law is very difficult to enforce and does little to deter people from texting and that people supporting this should be pushing for other distracted forms of driving as well under the same logic...

However the Seatbelt laws were ruled constitutional in terms of the fourth ammendment because the fourth ammendment also protects from unreasonable seizures of persons as well. They ruled that a misdemeanor fines or arrests for not wearing seatbelts were not a violation of a person's fourth ammendment. Probably would fall under the same category here hut interesting either way.
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Old 11-23-2014, 05:56 AM
 
Location: Buckeye
604 posts, read 936,362 times
Reputation: 1395
Default Representative Disappoints

Got a reply from my state representative. I ask that she take specific action to increase penalties. Here's her disappointing response:

"Thank you for your email regarding texting and driving. I appreciate the work you do as a school bus driver ensuring that our children get to school safely. I certainly share many of your concerns regarding driver safety and I value the input from a professional in the public transportation industry. If a bill regarding this issue comes before me during the 2015 legislative session, I will certainly have your thoughts in mind."

Gee, thanks Anna Wills. So, if someone else takes action she'll consider my 'thoughts'. In other words..."i'm a follower, not a leader". What a waste of representation!
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Old 11-23-2014, 07:38 AM
 
Location: Bel Air, California
23,766 posts, read 29,124,142 times
Reputation: 37337
Quote:
Originally Posted by GeneR View Post
Got a reply from my state representative. I ask that she take specific action to increase penalties. Here's her disappointing response:

"Thank you for your email regarding texting and driving. I appreciate the work you do as a school bus driver ensuring that our children get to school safely. I certainly share many of your concerns regarding driver safety and I value the input from a professional in the public transportation industry. If a bill regarding this issue comes before me during the 2015 legislative session, I will certainly have your thoughts in mind."

Gee, thanks Anna Wills. So, if someone else takes action she'll consider my 'thoughts'. In other words..."i'm a follower, not a leader". What a waste of representation!
Quote:
Originally Posted by GeneR View Post
Here' is a copy of an email sent to my state legislator. I hope you will also take action:

Thank you for your service to our district. I come to you requesting specific action. As you are aware there is currently law against texting and driving:

"It is illegal for drivers of all ages to compose, read, or send electronic messages or access the Internet on a wireless device when the vehicle is in motion or part of traffic. This includes being stopped in traffic or at a light." (M.S. 169.475)...
From: Gene E Rusco
probably figures we got that one already covered
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Old 11-26-2014, 03:43 AM
 
Location: Buckeye
604 posts, read 936,362 times
Reputation: 1395
A friend of mine's daughter was coming home from work Monday evening. She took an off ramp from 694. At the end of the ramp was a traffic signal showing red. She stopped behind a truck. BAM! She was hit from behind. Her car was shoved into he truck. Her car totaled. She had no visible injuries. The driver that hit her was TEXTING while driving. WAs very apologetic, said he had his own business, blah, blah, woof, woof. Another example of distracted driving. Licenses should be pulled for this offense. Too bad authorities have no teeth in existing law to put a stop to this
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Old 11-26-2014, 03:45 AM
 
Location: Buckeye
604 posts, read 936,362 times
Reputation: 1395
Quote:
Originally Posted by Ghengis View Post
probably figures we got that one already covered
Yes, it's against the law but it has no real consequences. Read earlier posts on my recommendations. It's not about a new law, it's about making it expensive if you are caught.
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Old 11-26-2014, 06:36 AM
 
10,624 posts, read 26,770,794 times
Reputation: 6776
There are a lot of traffic laws that seem to have no real teeth behind them. How many times does someone texting or talking on the phone have to run into someone before we start to actually take this seriously? Seems like it's always considered an unfortunate "accident", even when there's serious damage, injury, or even death. Sure, people like the guy who rear-ended the car mentioned above didn't intentionally set out to ram someone, but when something is caused by an intentional poor and illegal choice, it should result in some serious consequences. Common sense alone obviously isn't doing enough to address the problem. It just enrages me when I hear stories like that, and the guy saying "I own my own business." Seriously? That is NOT an excuse.
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Old 11-26-2014, 10:45 AM
 
2,582 posts, read 2,079,589 times
Reputation: 5689
Quote:
Originally Posted by GeneR View Post
A friend of mine's daughter was coming home from work Monday evening. She took an off ramp from 694. At the end of the ramp was a traffic signal showing red. She stopped behind a truck. BAM! She was hit from behind. Her car was shoved into he truck. Her car totaled. She had no visible injuries. The driver that hit her was TEXTING while driving. WAs very apologetic, said he had his own business, blah, blah, woof, woof. Another example of distracted driving. Licenses should be pulled for this offense. Too bad authorities have no teeth in existing law to put a stop to this
A year or so ago, I am on I-94 westbound, traffic is moving slow and comes to a stop. The guy behind me hits me. Nobody hurt. He says, "Sorry. My dog in the back distracted me and I was not paying attention."

Do we ... create a new law banning dogs in the car? How about those pesky cats? Ferrets? Lots of distractions when you are driving and I haven't reached beyond common pets.

Nobody says texting is not a problem. So are cell phones. So is applying makeup while driving, eating cereal with a bowl and spoon while driving, reading a book while driving, shaving while driving .... all things I have seen. But there are laws already covering distracted driving. IT'S ALL BAD.

How about we push for some better enforcement of existing laws (speeding, blowing stops, tailgating, distracted driving, etc.) instead.
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Old 11-26-2014, 03:15 PM
 
Location: Buckeye
604 posts, read 936,362 times
Reputation: 1395
Quote:
Originally Posted by WoodburyWoody View Post
A year or so ago, I am on I-94 westbound, traffic is moving slow and comes to a stop. The guy behind me hits me. Nobody hurt. He says, "Sorry. My dog in the back distracted me and I was not paying attention."

Do we ... create a new law banning dogs in the car? How about those pesky cats? Ferrets? Lots of distractions when you are driving and I haven't reached beyond common pets.

Nobody says texting is not a problem. So are cell phones. So is applying makeup while driving, eating cereal with a bowl and spoon while driving, reading a book while driving, shaving while driving .... all things I have seen. But there are laws already covering distracted driving. IT'S ALL BAD.

How about we push for some better enforcement of existing laws (speeding, blowing stops, tailgating, distracted driving, etc.) instead.
Texting, says the State Patrol, is an epidemic. I suspect it causes much more harm than dogs in back seats. Pointing to other bad behavior does not discount this problem!
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Old 11-26-2014, 05:06 PM
 
Location: Bel Air, California
23,766 posts, read 29,124,142 times
Reputation: 37337
Quote:
Originally Posted by GeneR View Post
Texting, says the State Patrol, is an epidemic. I suspect it causes much more harm than dogs in back seats. Pointing to other bad behavior does not discount this problem!
!
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