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Old 11-07-2014, 07:45 AM
 
Location: SA
73 posts, read 148,036 times
Reputation: 44

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(c) This section does not apply to an operator of a motor vehicle using a hand-held mobile communications device
(1) while the vehicle is legally parked or is being driven on private property;
(2) that is affixed to the vehicle and used as a global positioning or navigation system;
(3) that is used with a hands-free mobile communication telephone or other such device;
(4) by a person who is an operator of an authorized emergency vehicle while acting in an official capacity;
(5) by a person who is licensed by the Federal Communications Commission while operating a radio frequency device other than a wireless communication device.


(d) It shall be an affirmative defense to prosecution under this section that the person was using a hand-held mobile communication device for the purpose of:
(1) executing the person's official duties;
(2) reporting illegal activity to a law enforcement agency;
(3) communicating with an emergency response operator, a fire department, a law enforcement agency, a hospital, a physician's office, or a health clinic regarding a medical or other emergency situation; or
(4) preventing injury to a person or property.


So it looks like law enforcement and city officials will still be allowed to talk on phones.
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Old 11-07-2014, 07:48 AM
 
5,623 posts, read 6,407,291 times
Reputation: 3593
Quote:
Originally Posted by kidd_91 View Post
(c) This section does not apply to an operator of a motor vehicle using a hand-held mobile communications device
(1) while the vehicle is legally parked or is being driven on private property;
(2) that is affixed to the vehicle and used as a global positioning or navigation system;
(3) that is used with a hands-free mobile communication telephone or other such device;
(4) by a person who is an operator of an authorized emergency vehicle while acting in an official capacity;
(5) by a person who is licensed by the Federal Communications Commission while operating a radio frequency device other than a wireless communication device.


(d) It shall be an affirmative defense to prosecution under this section that the person was using a hand-held mobile communication device for the purpose of:
(1) executing the person's official duties;
(2) reporting illegal activity to a law enforcement agency;
(3) communicating with an emergency response operator, a fire department, a law enforcement agency, a hospital, a physician's office, or a health clinic regarding a medical or other emergency situation; or
(4) preventing injury to a person or property.


So it looks like law enforcement and city officials will still be allowed to talk on phones.
This brings another question. Does this include the use of personal cell phones while making personal calls?
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Old 11-07-2014, 08:41 AM
 
172 posts, read 201,431 times
Reputation: 209
I'm happy for it. I only use handsfree devices while driving as is now and am very frustrated when I see the person weaving on the freeway because they are texting. My favorite is people talking on their cellphone with it on speakerphone and they are holding it in their hand, like it's safer, lol.

Enforcing it will be difficult, but if they do a string of 1 or 2 weeks where it's heavily enforced and the fine is severe, like $500, then people will at least think twice before doing it, not saying it will stop it completely, but I feel like it might reduce how often it happens.
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Old 11-07-2014, 08:50 AM
 
Location: San Antonio
3,742 posts, read 3,842,774 times
Reputation: 3195
Quote:
Originally Posted by RJMorris82 View Post
I'm happy for it. I only use handsfree devices while driving as is now and am very frustrated when I see the person weaving on the freeway because they are texting. My favorite is people talking on their cellphone with it on speakerphone and they are holding it in their hand, like it's safer, lol.

Enforcing it will be difficult, but if they do a string of 1 or 2 weeks where it's heavily enforced and the fine is severe, like $500, then people will at least think twice before doing it, not saying it will stop it completely, but I feel like it might reduce how often it happens.
Numerous study's have been done and they say hands free devices are dangerous.

Hands-Free Cell Phones No Safer for Drivers

AAA Foundation for Traffic Safety: Hands-free devices still dangerous while driving

National Safety Council poll: 8 in 10 drivers mistakenly believe hands-free cell phones are safer

Why hands-free tech doesn
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Old 11-07-2014, 08:59 AM
 
2,907 posts, read 3,027,049 times
Reputation: 8343
I still want to see a cell phone that blows up after 3 minutes of continuous use. There'd be a lot of Van Gogh's walking around.
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Old 11-07-2014, 09:14 AM
 
1,175 posts, read 1,172,794 times
Reputation: 1325
It's irrelevant because all he has to do is testify that he saw you on it and then it's his word against yours. Good luck proving you're innocent.
They can't compel you to unlock your phone anyway.
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Old 11-07-2014, 09:36 AM
 
425 posts, read 1,029,039 times
Reputation: 329
Quote:
Originally Posted by prim8 View Post
It's irrelevant because all he has to do is testify that he saw you on it and then it's his word against yours. Good luck proving you're innocent.
THIS.

I see awful driving on a daily basis, and 9/10 times I find the driver with their phone to their ear or looking at the screen while driving (under the speed limit, and often weaving) down the highway. This law makes me SO HAPPY.
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Old 11-07-2014, 11:31 AM
 
7,000 posts, read 10,238,825 times
Reputation: 5381
Quote:
Originally Posted by Azure110 View Post
This brings another question. Does this include the use of personal cell phones while making personal calls?
I think the law makes it clear that they must be "acting in an official capacity" and "executing official duties." There are times when a police officer will directly call someone to get a better description of his or her location, clarify what was reported to the call-taker/dispatch, and/or get an update. They will also call up dispatch so that they won't clog up radio traffic or mention sensitive information that can be picked up by scanners.
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Old 11-07-2014, 07:07 PM
 
1,175 posts, read 1,172,794 times
Reputation: 1325
I dispute your assertion that the police don't show up to court. I've found the opposite to be true.
An officer of the law tells the judge he saw you on your cell phone. You tell the judge you weren't. How are you going to prove the officer is wrong? If you can't the judge is going to find you guilty.

Just stay off your phone, problem solved, and the traveling public will be much safer.
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Old 11-07-2014, 08:25 PM
 
Location: 78250
937 posts, read 2,153,483 times
Reputation: 334
Quote:
Originally Posted by txtea View Post
I understand what you are saying, but I am sick and tired of sitting at a stop light with several cars in front of me....and there is always some airhead with their head down, texting. Light turns green....and they sit there until someone blows the horn and wakes them up. By the time they start moving, light turns yellow and half the cars that should have gotten thru the light get to wait for the next cycle, due to their texting.(they are usually the last one to speed thru the light). Holds up traffic.
I can say the same for the women who apply their makeup whilst stopped in traffic! SMH
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