I always wondered if simply entering a phone number and pressing SEND is equivalent to texting.

 

Not according to the Kentucky law.

I actually don't have any problems, currently. Feel free to run my record, officer. :thumb:

 

The best part of this, aka "I don't have any open cases at this time." :lol:

 

And I highly doubt the name "blue magic" will show up in the AS400...

I was actually impressed with the police yesterday in Lexington. I saw no violation of any rights all night after the big win. It was quite impressive.

 

Just out of curiosity, but what makes you an expert on civil rights? Are you a poly sci major? Perhaps a county attorney? Maybe a public defender? Or just listening to jail house lawyers?

Personally I think it's an unnecessary law even if it could be enforced. If you're driving recklessly you should be be cited for it. I don't think we need another law to handle that.

 

Exactly.

On top of phone records you are going to need a search warrant for the phone, you will need to seize the phone for both its physical and electronic evidence in the case and you will need to subpoena the phone records. In other words, the person is going to lose their cell phone for at least a month, probably more because of having to subpoena the records, you will need a search warrant, and the case will have to be tried. I am guessing at least 5K if not 10K in resources will be expended in an average texting prosecution and my guess is the case will still be very difficult to win. Not to mention the time it is going to take the individual officer off the road (the search warrant) and the resources expended by the county attorney (search warrant and ongoing prosecution) of the case.

 

This law is a complete nightmare to enforce...

 

I was hoping you'd weigh in on that and correct me. Had a feeling that there were some search warrant issues in place when it comes to phones. Thanks for clarifying. :thumb:

Just out of curiosity, but what makes you an expert on civil rights? Are you a poly sci major? Perhaps a county attorney? Maybe a public defender? Or just listening to jail house lawyers?

 

If I remember past history correctly, BM has more than his fair share of experience in these matters. Something about roommates who draw unnecessary and/or unwanted attention from the police?

Yea, that'd be the "jailhouse lawyers" I was referring to

Yea, that'd be the "jailhouse lawyers" I was referring to

 

Not quite, based on the stories I've read from him.

 

Jailhouse lawyers are guys who like to file lawsuit after lawsuit and injunction after injunction from their cell, trying to get their current charges overturned or sentences lightened. They're sitting in jail doing nothing; might as well become an amateur lawyer.

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....

 

Unconstitutional. Burden of proof thing...

Not quite, based on the stories I've read from him.

 

Jailhouse lawyers are guys who like to file lawsuit after lawsuit and injunction after injunction from their cell, trying to get their current charges overturned or sentences lightened. They're sitting in jail doing nothing; might as well become an amateur lawyer.

 

Just keep in mind his stories are 1 sided and biased...

I always wondered if simply entering a phone number and pressing SEND is equivalent to texting.

 

My friend got cited for dialing an extension about a month ago. When he appeared in court he got out of it, but he tried to show the officer his phone records when getting the ticket but the officer would not review it. Probably their policy.

On top of phone records you are going to need a search warrant for the phone, you will need to seize the phone for both its physical and electronic evidence in the case and you will need to subpoena the phone records. In other words, the person is going to lose their cell phone for at least a month, probably more because of having to subpoena the records, you will need a search warrant, and the case will have to be tried. I am guessing at least 5K if not 10K in resources will be expended in an average texting prosecution and my guess is the case will still be very difficult to win. Not to mention the time it is going to take the individual officer off the road (the search warrant) and the resources expended by the county attorney (search warrant and ongoing prosecution) of the case.

 

This law is a complete nightmare to enforce...

 

And what's the fine?

 

I agree - not exactly the greatest cost benefit here.

Personally I think it's an unnecessary law even if it could be enforced. If you're driving recklessly you should be be cited for it. I don't think we need another law to handle that.

 

This.

I think the point of having a ban on texting while driving while also having a reckless driving charge is that while you are texting you aren't necessarily being reckless. It's (hopefully) designed so that the person could be cited for it even if they weren't weaving all over the road. That's because texting takes your attention away from driving thus making your reaction time much slower and making you a higher risk.

 

So the idea of the law is fine. It's just too difficult to prove. I think it could still help If police simply used it to stop cars and warn them not to be texting. Which they likely already do in some areas.

I don't know what the answer is but I wish something could be done to enforce this. But looking at this thread I suppose that's impossible.

 

There's been some bad auto accidents in my county from people who later admitted to friends that they were texting. In one case a girl ran off the highway and dropped down about 20 feet and hit head on into a bank in a hollow. There weren't any skid marks, just went straight off the road. It took 2 hours for the Jaws Of Life to cut her from the truck. She was unconscious for almost a month, and had a broken back, legs, etc. I saw her in a wheel chair a few months ago at the doctor's office and she told me she was texting right before the wreck, and that was the last thing she remembered.

 

I've been told that texting is much more dangerous than drunk drivers. If that's true, then we're in trouble.