Cell Phones and Driving

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SpeedThrills

SpeedThrills

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Okay, I understand that I'm not capable of driving while I'm holding a phone. And of course, I am capable of driving if the phone is not against my ear (wireless or blue toothed, or whatever). Yes, that was sarcasm.

However, if an officer issues a citation because he or she sees the driver holding a phone against their ear, how do they know that the driver was using it? Maybe they were just holding it against their ear. Maybe they had a (fill in the blank) against their ear. Could've been holding any one of a million things against their ear. Highly unlikely, but entirely possible. Maybe even just to mess with the officer. ;-)

If the burden of proof is on the officer, how do they prove that the driver was actually using the phone?
 
SpeedThrills said:
Okay, I understand that I'm not capable of driving while I'm holding a phone. And of course, I am capable of driving if the phone is not against my ear (wireless or blue toothed, or whatever). Yes, that was sarcasm.

However, if an officer issues a citation because he or she sees the driver holding a phone against their ear, how do they know that the driver was using it? Maybe they were just holding it against their ear. Maybe they had a (fill in the blank) against their ear. Could've been holding any one of a million things against their ear. Highly unlikely, but entirely possible. Maybe even just to mess with the officer. ;-)

If the burden of proof is on the officer, how do they prove that the driver was actually using the phone?
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They don't care if you are actually using it or not, as they just go on the fact that if you are holding it you are guilty.
It's kind of the same thing as my Brother having a cigarette snuffer/container magnetically mounted on his motorcycle.
Even though he has this and uses it, if they see him with a cig in CA while on the bike they give an instant ticket because the assumption is that motorcycle smokers throw their cig on the ground.
He even showed the cop he has it and uses it, but they didn't care and he got the ticket.
 
What if i paint a bar of soap black and they see me holding it to my ear???

Jeff
 
Using a phone while driving should be illegal in any state. As bad as a LOT of these people drive they don't need any other distractions. If you are holding it to your ear what else would you be doing other than using it, and if they have it to their ear to screw with a cop, they certainly earned a ticket.
 
Well I se your location reads N.J.
I believe they passed a distracted driving law a few years back. where by an officer can ticket you for observing you not having both hands on the wheel. That includes holding your favorite beverage to take a sip.
At least that's how it was explained to me by a friend who lives in the state.

In Pa. You can be ticketed for throwing anything out if the car. up to and including Cigarette ashes.
 
People that drive while using their cell phones are a menace to society. I've had two confirmed near misses with f'n morons on their phones. What I mean by confirmed near misses is that I was so close to the car that almost hit me that I could clearly see the phone in the other guys hand.

They would have been bad accidents, one I would have been rear ended hard and the other the guy blew a red light, missed me by inches.

Recently I heard it mentioned that supposedly traffic deaths from distracted driving has now surpassed those from drunk driving. Not sure if it's true, but I believe it could be possible.
 
This is not a defending distracted driving comment, but instead a realistic view of the law and the problem itself. There was a time when the radio in your car had a dial and some push button slides. It was also mounted very low in the car. You certainly had to look down to adjust the radio, at least to see where you were starting at. Heaters being the same thing. Look away from the road for a second in order to adjust the settings. I still don't like the heater in my truck today because of it's location. OK, we made it through those days, because we had the brainpower to realize we were momentarily distracting ourselves from the task of driving. Amazing isn't it? OK, now we come to today. I will admit, I can't text and drive. I don't have the typing talent of my kids. They can text while not looking at the phone, even if they do look. But for me, this is an absolute distraction. I would have to ignore driving for seconds at a time to text. Simple answer, I don't do it. Now on to my point. Many of you will have the same opinion I'm sure. If I can't "talk on a phone", because I am holding it to my ear, what makes it any safer to do it hands free? I drive with one hand all day long. My second being in a position other than on my lap isn't going to make me lose my attention. 9 times out of 10, the conversation is the distraction. Not the actual device or the action of phoning. Perhaps a heated disagreement with someone on the phone would take your mind away from driving? How long will it be until you can't listen to your radio because you are distracted? Seriously, music can take you away just like an argument can. I have seen many people talking to themselves and not paying attention to the road. Hands free sure helped there!
My point is that holding a phone to your ear is not a distraction. It's no different than leaning on your hand against the window. However, the distraction is the conversation itself. The distraction is listening to your favorite song and singing along. The distraction is looking at store front advertising as you drive by. (Funny, they do that on purpose!) The distraction is talking with the other people in the car. The reason people are distracted is because they allow it to happen. They themselves can not handle the fact that they are in control of a 3000 pound hunk of steel hurdling along at 50 miles an hour.
You can make all the laws you want, stupid people are still driving out there everywhere. And they don't have to have a phone against their ear to get into an accident.
 
Do cops write themselves tickets for speeding down the road while simultaneously looking at a laptop and typing on it while also using the 2-way?? If not, why not?? I thought dangerous behavior was dangerous behavior.
 
..

41kQMAsdXDL._SL500_AA300_.jpg
 
gdrill said:
My point is that holding a phone to your ear is not a distraction.
Click to expand...

I have to disagree, maybe you or I could do it, but I see many in my travels that can't do it.

I drive for a living as you know, and driving an 18 with a phone stuck up to my ear is without a doubt a distraction and a hazard. I went Bluetooth before the fed made it a law we had to be hands free for that very reason.
 
Bad Sport said:
I have to disagree, maybe you or I could do it, but I see many in my travels that can't do it.
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And these are the ones who can't talk and concentrate on driving while using hands free either!
Heck, eating and drinking are considered distraction too. Maybe the automatic cars are really needed to keep humans safe from each other!

I get the 18 wheeler thing, shifting requires both digits.
 
gdrill said:
I get the 18 wheeler thing, shifting requires both digits.
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The biggest problem is keeping track of the blind side, I can't safely do it with a phone stuck to my ear, and the way people drive around big trucks, it's like they have a death wish, LOL.
upload_2018-4-13_17-18-19.jpeg
 
In the era before cell phones, I rear ended a range while adjusting the heater.

I'll use the phone on the highway in minimal traffic, or on extremely familiar roads, but generally try not to.

Missouri has no such phone laws for adults yet, but burden of proof is supposed to be on the state.

That said, I feel that they probably wager the cost of the ticket isn't worth your time. Providing a phone bill showing lack of operation at time and date on ticket should be sufficient, especially if you use your phone for music.
 
Old man ray said:
Well I se your location reads N.J.
I believe they passed a distracted driving law a few years back. where by an officer can ticket you for observing you not having both hands on the wheel.
Click to expand...

Then manual transmissions must be illegal there!
 
Shoot, I had a Woman at a stop sign on my left look right at me while I was signaling to turn down the same street and since she was on the phone it didn't occur to her that I had to go on the other side of her.
She saw the signal and pulled right out in front of me.
She didn't put it down even then.
 
TrailBeast said:
Shoot, I had a Woman at a stop sign on my left look right at me while I was signaling to turn down the same street and since she was on the phone it didn't occur to her that I had to go on the other side of her.
She saw the signal and pulled right out in front of me.
She didn't put it down even then.
Click to expand...
Hoping you know...was told that honking your horn, when not necessary, is illegal in AZ. Seems a bit much but...
Have had more than 1 close call on the bike thanks to cell phones.
 
SpeedThrills said:
Okay, I understand that I'm not capable of driving while I'm holding a phone. And of course, I am capable of driving if the phone is not against my ear (wireless or blue toothed, or whatever). Yes, that was sarcasm.

However, if an officer issues a citation because he or she sees the driver holding a phone against their ear, how do they know that the driver was using it? Maybe they were just holding it against their ear. Maybe they had a (fill in the blank) against their ear. Could've been holding any one of a million things against their ear. Highly unlikely, but entirely possible. Maybe even just to mess with the officer. ;-)

If the burden of proof is on the officer, how do they prove that the driver was actually using the phone?
Click to expand...

They can pull your cell phone records from your carrier and see if you were using the phone at the time you were pulled over...
 
Being on the phone held to the ear is a violation of the law...pretending to be on the phone held to the ear to provoke a cop is a violation of common sense...and should be doubly punished under the dumbass statute for complete idiots.

It isn’t a game, it is the law...and trying to skirt the edges looking for minutiae that gets you out of it is just plain stupid and is only looking for a reason to fight against the law.

Why do some people see a law and decide they are the exception that is exempt because of their self perceived superiority to the masses that the law was intended to apply too?

The law doesn’t say “except for you”.
 
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