Texting While Driving

How many DUI cases involve texting or using a handheld device by the driver? Not many, and the obsession law enforcement has with cellphone/texting while driving laws probably causes more harm than good.

Using a handheld device, like a cellphone, is similar to other activity that is allowed while driving a car. Is looking at a paper map any while driving any different than looking at google maps on your cellphone? Is talking on the phone much different than talking to a passenger while driving? Of course not…..these are similar activities that create a similar situation behind the wheel.

The California Appellate Courts are in agreement: texting/using handheld device while driving is not dangerous and laws that prohibit it are stupid, unenforceable and unconstitutuonal.

The kneejerk focus on technology and not the root cause of certain types of accidents is a shining example of government stupidity at the direction of ‘do gooders’ who aren’t really doing much.

When it comes to DUI cases, cell phones or texting while driving rarely is an issue. However, talking on the phone while driving does give law enforcement an excuse to stop you. In any DUI case, law enforcement needs to have probable cause or a justification for the stop.

-Enforcement stops (to enforce traffic laws)
-“Welfare” stops (to detetmine driver safety)
-Response to emergency calls
-Warrantless stops/Detentions of Drivers

Cellphone or texting while driving laws do not reduce accidents or make the road safer. They do, however, give law enforcement an excuse to stop motorists and initiate field investigations. If the driver has in fact, been drinking before driving, a DUI could very well result.Law enforcement already has enough tools at its disposal to stop you and arrest you for DUI. If you have been drinking: don’t drive. If you are silly enough to do that, don’t text while driving.

Posted in DUI Enforcement, DUI Law, Uncategorized.

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