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Old 05-28-2013, 05:44 PM
 
Location: Any Beach/FL
25,641 posts, read 14,347,516 times
Reputation: 10529

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Quote:
Originally Posted by BucFan View Post
seems to me that proving someone is texting is pretty difficult

come on- if they want to prove where you were texting by what tower and what time, they sure can, and tell you what you were talking about as well... I think this measure will be for accidents,,, heavy proof of who was doing what when they crashed. Also as a possible fear factor,, who can afford a ticket?,,, wont stop all, but some that want to obey the law. its give it up-- back talking on the phone
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Old 05-28-2013, 06:16 PM
 
2,763 posts, read 5,051,614 times
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Quote:
Originally Posted by tinytrump View Post
come on- if they want to prove where you were texting by what tower and what time, they sure can, and tell you what you were talking about as well... I think this measure will be for accidents,,, heavy proof of who was doing what when they crashed. Also as a possible fear factor,, who can afford a ticket?,,, wont stop all, but some that want to obey the law. its give it up-- back talking on the phone
Sure, they could prove, but why would they? This is a 30 dollar ticket, do you really think they want to go through the process of getting a warrant/subpoena to prove you texted at that time? Even if it did cause an accident, again, the ticket is $30.
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Old 05-28-2013, 07:23 PM
 
26,824 posts, read 41,610,489 times
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Quote:
Originally Posted by BucFan View Post
seems to me that proving someone is texting is pretty difficult
How can it be difficult...just check the phone and the record...easy. On top of that the police in Europe has cameras and they probably have the same over here, so they will drive close to you and tape you while you are txting and that is proof enough.

If someone is removing the history of the phone the cops can easily still issue a ticket and put on it to bring your phone bill with history of times of using the phone and if you haven't send any txt at that time per the phone record they can throw out th ticket..., that will be funny to see how many people will be able to have that proof.
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Old 05-28-2013, 07:24 PM
 
26,824 posts, read 41,610,489 times
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Quote:
Originally Posted by rezfreak View Post
Sure, they could prove, but why would they? This is a 30 dollar ticket, do you really think they want to go through the process of getting a warrant/subpoena to prove you texted at that time? Even if it did cause an accident, again, the ticket is $30.
If you cause an accident than you will be held liable and the $ 30 ticket will bethe least of your concern.
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Old 05-28-2013, 08:30 PM
 
515 posts, read 1,207,170 times
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Quite simply, the law is not enforceable and is simply a "feel good" measure that will do nothing.

First, it's not a primary offense. That part is fine, no big deal. The problem is that it prohibits only texting and emailing, and an officer is not allowed to take the phone and look at it without either consent or a warrant. Since getting a warrant for a traffic infraction isn't feasible, that leaves consent. If they don't give consent then you have nothing.

In addition to the issue with examining the phone, you also have to consider that it's not unlawful to use the phone to do something other than texting or emailing. So while you can't text, it's perfectly legal to look at the WWW, play a game, or pay your bills using an app while you're driving down the road.

As it is written, the law is just unenforceable. It would have more teeth if it prohibited ALL use of a cellular phone or electronic device while driving, as that would simply require the officer to testify that he/she saw the driver manipulating the screen of an electronic device. It wouldn't make the officer specifically know what exactly was being done.

IMO, no law would be better than what was enacted. If you're going to enact a law, at least make it something that can be enforced and violations can be easily spotted and proven in court.
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Old 05-28-2013, 11:02 PM
 
2,763 posts, read 5,051,614 times
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Quote:
Originally Posted by bentlebee View Post
How can it be difficult...just check the phone and the record...easy.
Except as I pointed out, that requires a warrant now. Cops cannot legally look at your phone without a) consent or b) a warrant.
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Old 05-29-2013, 02:44 AM
 
Location: Tampa, FL
27,798 posts, read 28,017,797 times
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Quote:
Originally Posted by rezfreak View Post
Sure, they could prove, but why would they? This is a 30 dollar ticket, do you really think they want to go through the process of getting a warrant/subpoena to prove you texted at that time? Even if it did cause an accident, again, the ticket is $30.
I agree. Seems like a lot of work for such a small fine. I can see it being used when major accidents occur and someone is trying to show fault. But is our police force that well staffed to go through this process - and they'd need to be able to do it on the spot. Not feasible.

Having laws that aren't enforceable - will be laws ignored.
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Old 05-29-2013, 04:53 AM
 
26,824 posts, read 41,610,489 times
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Quote:
Originally Posted by rezfreak View Post
Except as I pointed out, that requires a warrant now. Cops cannot legally look at your phone without a) consent or b) a warrant.
How many people will say " no" to a cop if he is asking to look at your phone...perhaps the professional offenders will but most people will comply with that request.
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Old 05-29-2013, 05:32 AM
 
Location: Tampa
444 posts, read 486,252 times
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Quote:
Originally Posted by BucFan View Post
I agree. Seems like a lot of work for such a small fine. I can see it being used when major accidents occur and someone is trying to show fault. But is our police force that well staffed to go through this process - and they'd need to be able to do it on the spot. Not feasible.

Having laws that aren't enforceable - will be laws ignored.
Even if having the law on the books stops one idiot from making a bad decision and causing an accident and/or loss of life, then it's worth it.
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Old 05-29-2013, 06:21 AM
 
Location: Tampa, FL
27,798 posts, read 28,017,797 times
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Guess it (new law) will serve as a deterrent. But you're right - save one life, it's worth it. Don't get me wrong, I'm all for doing what we can to stop texting while driving.
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