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Total Cell Phone Ban While Driving?

It wouldnt be considered unreasonable search & seizure as you would have been pulled over under the suspicion.
As far as self incrimination, go ahead and plead the 5th, and serve your day in court, or show the officer he was wrong and be on your way.



If you really think the law works that way you may have bigger problems to worry about. As for your account, you already stated the STATES evidence, the officer saw you lip synching and assumed you were on the phone, so now the burden of proof is on YOU to show them that you werent.

If that is not enough evidence for the courts to prosecute you, then this whole scenario you proposed would not happen, as the officer would not cite you without further evidence.

Absolutely not.....the burden of proof lies with the state. Not me. It's guaranteed in the constitution. The officers "assumption" is not sufficient proof. They'll have to do better than that.
 
Just like your need for medical marijuana?

I dont have a need for medical marijuana ;)
If you feel the need to make things personal, I can just as easily pay you no mind.
Absolutely not.....the burden of proof lies with the state. Not me. It's guaranteed in the constitution. The officers "assumption" is not sufficient proof. They'll have to do better than that.

Please reread the post I made, as this is exactly what I stated. In your proposed scenario, the officer does not have sufficient evidence to cite you, therefore the officer is not likely to cite you for singing along to the radio.
 
Leaving aside the motorcycle conversation--I don't believe any study has found this to be true.

Personal observation - I have never gotten close to being in a car accident while using a hands free. I have, however, gotten close to an accident while fiddling around with my CD player. So should CD players be banned? IME, they would be a more logical thing to ban than a cell phone because you can answer a phone without removing your eyes from the road. You can't (well, I can't) change CD's without removing my eyes from the road.

Regardless, these sorts of bans don't fix the problem. The problem isn't people talking on the phone while driving - it's stupid people talking on the phone while driving. A reasonable person can assess a driving situation and say, "I can't talk right now. I'll call you later." A foolish person, however, will continue to talk regardless of the safety risk they pose to themself or to others. Furthermore, a foolish person will still talk/text and drive regardless of any ban that may be implemented, thus increasing our safety... well... not at all.
 
So then, if guilt cannot be proven, it is unenforceable.

Exactly. As I stated previously, this is a mostly unenforceable law.

What's the point of the law? To say we have it and make us feel better about ourselves?

Whats the point of it? To my best guess, possible deference. If people are under the assumption that they will be cited for using a cellular device, some people (not all) are likely not to do so as to avoid being cited.
 
This is a complete side issue. Yes, motorcyclists accept a greater degree of risk due to their choice of transportation. And that very likely gives them a greater vested interest in proposed traffic safety laws like these.

But that doesn't change the fact that distracted drivers that hit ANY vehicle (motorcyle or not) due to their distraction are endangering other people's lives due to their behavior.

Leaving aside the motorcycle conversation--I don't believe any study has found this to be true.


The argument here is not about the dangers of distracted driving. It is about whether or not banning ALL wireless communication will fix the problem. Studies have shown that there has been no significant reduction in car accidents since imposing bans on cel phones when driving.
 
Personal observation - I have never gotten close to being in a car accident while using a hands free. I have, however, gotten close to an accident while fiddling around with my CD player. So should CD players be banned? IME, they would be a more logical thing to ban than a cell phone because you can answer a phone without removing your eyes from the road. You can't (well, I can't) change CD's without removing my eyes from the road.

Regardless, these sorts of bans don't fix the problem. The problem isn't people talking on the phone while driving - it's stupid people talking on the phone while driving. A reasonable person can assess a driving situation and say, "I can't talk right now. I'll call you later." A foolish person, however, will continue to talk regardless of the safety risk they pose to themself or to others. Furthermore, a foolish person will still talk/text and drive regardless of any ban that may be implemented, thus increasing our safety... well... not at all.
Several things come to mind here. First, correlation isn't causation, of course, and that's a very small sample size. Second, don't fiddle with the CD player while driving? I turn my changer on while I'm parked and rarely have to touch it while I'm driving--I might skip a CD, but it's very rare and I can do it at the light--whereas you have to answer a phone within a few rings. I'm also not continually distracted, as I would be if I was talking on the phone. The level of distraction is vastly different, IMO.

As for it not increasing our safety because some people will ignore it--you could say that about any law up to and including murder.
 
Several things come to mind here. First, correlation isn't causation, of course, and that's a very small sample size. Second, don't fiddle with the CD player while driving? I turn my changer on while I'm parked and rarely have to touch it while I'm driving--I might skip a CD, but it's very rare and I can do it at the light--whereas you have to answer a phone within a few rings. I'm also not continually distracted, as I would be if I was talking on the phone. The level of distraction is vastly different, IMO.

As for it not increasing our safety because some people will ignore it--you could say that about any law up to and including murder.

Exactly my point. A law can be put in place and it still won't stop everyone, or anyone for that matter (thinking of speeding laws), from breaking the law. And when there have been studies that show cell phone bans don't reduce the number of accidents I just can't see the point in implementing such a law - except for giving the government more ways to collect money.
 
Let's go back to CB radios.

cb_radio.jpg
 
Exactly my point. A law can be put in place and it still won't stop everyone, or anyone for that matter (thinking of speeding laws), from breaking the law. And when there have been studies that show cell phone bans don't reduce the number of accidents I just can't see the point in implementing such a law - except for giving the government more ways to collect money.

YAY!!!! :hyper:
 
Exactly my point. A law can be put in place and it still won't stop everyone, or anyone for that matter (thinking of speeding laws), from breaking the law. And when there have been studies that show cell phone bans don't reduce the number of accidents I just can't see the point in implementing such a law - except for giving the government more ways to collect money.
Are you pushing for murder laws to be repealed, then?:D There's a difference between a law not stopping some people (pretty much always the case) and not stopping anyone (much more rare). Not seeing the argument there.

As for the study that was linked, I'd like to look at it more closely. I did note that the authors still favor texting bans for everyone and banning all cellphone use for novice drivers.
 
Are you pushing for murder laws to be repealed, then?:D There's a difference between a law not stopping some people (pretty much always the case) and not stopping anyone (much more rare). Not seeing the argument there.

As for the study that was linked, I'd like to look at it more closely. I did note that the authors still favor texting bans for everyone and banning all cellphone use for novice drivers.

Yeah, I don't know. I'm just skeptical whenever it comes to big brush bans on things like this. Likewise, I agree with banning texting, but talking on the phone seems like a bit of a stretch for a lot of people with hands free sets.