March 24, 201214 yr Saw a couple of interesting comments today regarding texting. Hardly any local police have written citations for driving and texting as they say it's too hard to prove. Average teen texts about 3400 times per month. I always knew my son was above average. He's probably in the 4,000 to 4,500 range. I'm in the 1,000 range.
March 24, 201214 yr Saw a couple of interesting comments today regarding texting. Hardly any local police have written citations for driving and texting as they say it's too hard to prove. Average teen texts about 3400 times per month. I always knew my son was above average. He's probably in the 4,000 to 4,500 range. I'm in the 1,000 range. Couldn't the officer just ask to see the cell phone and check the message history? Seems pretty simple. I wonder how privacy laws figure into this, or if we'll be seeing some new law created to address this.
March 24, 201214 yr The article that Clyde was I believe refuring to... Jim I totally agree with you! The Police IMO are just too lazy or they think it's a bad law, so they don't enforce it. Driving like I do around NKy, there isn't a day I don't see three or more adults texting and driving and it scares the heck out of me! Cincinnati.Com | Independence
March 24, 201214 yr Couldn't the officer just ask to see the cell phone and check the message history? Seems pretty simple. I wonder how privacy laws figure into this, or if we'll be seeing some new law created to address this. You can still delete all of your texts in under 5 seconds.
March 24, 201214 yr You can still delete all of your texts in under 5 seconds. BM while I am sure you are correct and I guess I could be wrong but there has to be a record/time stamp of your actions somewhere that the police can get if they so desire! They could site you and it would be up to bring in a bill or such to prove you were on the phone talking and not texting....
March 24, 201214 yr Author I'm not sure if there is case law yet saying whether an officer can look at your phone. I read an interview with an officer who says he looks first for the signs ie slowing down and looking down by the driver but he MUST see a cell phone as well. He had one where he had all three and pulled the driver over. She was looking at the GPS app on her phone . That's not illegal. My guess is many officers will simply not take the risk of violating someone's rights that are yet to be fully determined.
March 24, 201214 yr Author There is still questions as to the laws working. A study in 2009 by a group called the Insurance Institute found accidents went up . "Not only was there no reduction in crashes associated with the bans in four states, we actually saw a small increase in crashes in three of the four states," Rader said. Rader said accidents involving teenagers went up. Read more: Do Texting While Driving Laws Work? - Cincinnati News Story - WLWT Cincinnati
March 24, 201214 yr ^ I could see it having the reverse effect because now people are more likely to look down at a phone they are trying to keep from view rather than raise the phone up near their line of vision at the road to do it.
March 24, 201214 yr The resources it would take to successfully prosecute this offense would be immense. It is a law that looks great on paper in a perfect world.
March 24, 201214 yr Every police officer I know says it is about impossible to enforce. They can't tell if you are texting, talking on speaker phone, looking at GPS. They told me you can't ask to see their phone and go through it without a warrant. I am with many, it is a great law on paper but impossible to enforce and if someone does get a ticket, they go to court and the judge throws it out for lack of evidence.
March 24, 201214 yr It took exactly 3 posts before someone threw out an insult towards the police. They're lazy because they don't enforce a law that is almost impossible to enforce? If they ask to see the persons cell phone and that person says no...then what?
March 24, 201214 yr Every police officer I know says it is about impossible to enforce. They can't tell if you are texting, talking on speaker phone, looking at GPS. They told me you can't ask to see their phone and go through it without a warrant. I am with many, it is a great law on paper but impossible to enforce and if someone does get a ticket, they go to court and the judge throws it out for lack of evidence. They can ask to see the phone. But they can't make the person give it up without a warrant.
March 24, 201214 yr Perhaps you could use those yourself when you are blaming the popo for all your problems.
Archived
This topic is now archived and is closed to further replies.