Columbus Texting While Driving Ban

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LJ's avatar

LJ

Senior Member

16,351 posts
May 5, 2010 10:36 AM
Starting today in Columbus, your hands better be on the wheel and not on your cell-phone keypad.

A ban on texting-while-driving, approved by the City Council last month, is now in effect on all streets and highways within the city limits.

"Officer, I wasn't texting, I swear"

"welp, good enough for me, that's all I can do"
Police-division leaders told officers yesterday by e-mail that drivers are not violating the new law merely by having a phone in their hands. It is still legal to talk on the phone while driving in Columbus.

Officers also were told they cannot look at a person's phone for texting-while-driving evidence without permission. Search warrants for cell-phone contents may be sought only in serious or fatal accidents, the e-mail said.

How will police issue tickets then?

"The most likely route to establish probable cause to file this charge would be through an admission by the driver that they were in fact texting while operating the motor vehicle," the e-mail said.
http://www.dispatchpolitics.com/live/content/local_news/stories/2010/05/05/copy/msg-2-u-text-and-drive-ban-in-effect.html?adsec=politics&sid=101

This law is a total waste of time. I've always been told by lawyer buddies that these laws are not enforceable to the extent that lawmakers want because the cops are not allowed to look at your phone without permission or a warrant, which most likely would not be granted for just that reason. I keep getting this overwhelming feeling that local lawmakers are enacting these laws just to make people think they are doing more to make them safe, but why even waste the time on something that can't even properly be enforced?
May 5, 2010 10:36am
ts1227's avatar

ts1227

Senior Member

12,319 posts
May 5, 2010 10:39 AM
I read that the other day wand was amazed by it. All you have to do is deny texting, and the case is pretty much over unless for some odd reason you were captured on video doing it by someone.

Now, texting while driving is insanely stupid, but this isn't exactly the best way to "combat" it.
May 5, 2010 10:39am
FatHobbit's avatar

FatHobbit

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8,651 posts
May 5, 2010 10:43 AM
I wasn't texting, I was dialing...
May 5, 2010 10:43am
C

cbus4life

Ignorant

2,849 posts
May 5, 2010 10:43 AM
Yea, i was thinking the same thing.

I mean, i am annoyed as anyone with people texting while driving, and have witnessed countless incidents where people on there cell-phone are driving dangerously, going way under the speed limit, changing lanes without looking, etc., but still, not much the cops can do.

I'm all for people not using cell-phones while driving, generally, but this does seem like a waste of time.
May 5, 2010 10:43am
LJ's avatar

LJ

Senior Member

16,351 posts
May 5, 2010 10:44 AM
FatHobbit wrote: I wasn't texting, I was dialing...
"My phone rang and I looked to see who it was but decided to not answer it"
May 5, 2010 10:44am
THE4RINGZ's avatar

THE4RINGZ

R.I.P Thread Bomber

16,816 posts
May 5, 2010 10:46 AM
interesting the law is limited to texting. I have been posting to this site or surfing the web while driving so am I guilty?
May 5, 2010 10:46am
LJ's avatar

LJ

Senior Member

16,351 posts
May 5, 2010 10:47 AM
THE4RINGZ wrote: interesting the law is limited to texting. I have been posting to this site or surfing the web while driving so am I guilty?
It's not limited to texting, they just call it the texting law for simplicity.
• Unlike seat-belt enforcement, you can be stopped and ticketed just for texting.

• The ban covers writing and reading text messages or e-mail, as well as using the Internet while driving. It covers only drivers, not passengers.

• You're considered to be driving even if you're stopped at a red light or stuck in traffic. You must be parked or pulled over to text legally from your car.

• Tickets will be $150.
May 5, 2010 10:47am
derek bomar's avatar

derek bomar

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3,722 posts
May 5, 2010 12:05 PM
This is incredibly dumb
May 5, 2010 12:05pm
jhay78's avatar

jhay78

Senior Member

1,917 posts
May 5, 2010 12:32 PM
Doesn't make sense. Pretty soon they'll have to ban "Messing with the radio buttons while driving" and "Reaching over to pick up some food that I dropped while driving". You can't enforce what may lead to an accident- you can only enforce the after-effects of stupid driving.
May 5, 2010 12:32pm
S

sjmvsfscs08

Senior Member

2,963 posts
May 5, 2010 1:56 PM
Fuck the police. Go crack down on some real crime pigs! I'd just say I was changing the song on my iPod, since I use an iPhone. What now pig?
May 5, 2010 1:56pm
Devils Advocate's avatar

Devils Advocate

Brudda o da bomber

4,539 posts
May 5, 2010 2:05 PM
Amazing... Seeing that all the cruisers have laptops in them. I guess email is ok for the officers
May 5, 2010 2:05pm
Glory Days's avatar

Glory Days

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7,809 posts
May 5, 2010 3:58 PM
i see it maybe used more after the fact and/or as a deterrent for people who think about texting and driving. if you are in a crash, they can check your phone to see if there is a text on your phone, or check with the phone company to see if any text messages were sent during the crash.
May 5, 2010 3:58pm
LJ's avatar

LJ

Senior Member

16,351 posts
May 5, 2010 4:05 PM
Glory Days wrote: i see it maybe used more after the fact and/or as a deterrent for people who think about texting and driving. if you are in a crash, they can check your phone to see if there is a text on your phone, or check with the phone company to see if any text messages were sent during the crash.
Columbus Police already said they will only seek a warrant in serious or fatal crashes
May 5, 2010 4:05pm
Writerbuckeye's avatar

Writerbuckeye

Senior Member

4,745 posts
May 5, 2010 6:45 PM
LJ wrote:
Starting today in Columbus, your hands better be on the wheel and not on your cell-phone keypad.

A ban on texting-while-driving, approved by the City Council last month, is now in effect on all streets and highways within the city limits.

"Officer, I wasn't texting, I swear"

"welp, good enough for me, that's all I can do"
Police-division leaders told officers yesterday by e-mail that drivers are not violating the new law merely by having a phone in their hands. It is still legal to talk on the phone while driving in Columbus.

Officers also were told they cannot look at a person's phone for texting-while-driving evidence without permission. Search warrants for cell-phone contents may be sought only in serious or fatal accidents, the e-mail said.

How will police issue tickets then?

"The most likely route to establish probable cause to file this charge would be through an admission by the driver that they were in fact texting while operating the motor vehicle," the e-mail said.
http://www.dispatchpolitics.com/live/content/local_news/stories/2010/05/05/copy/msg-2-u-text-and-drive-ban-in-effect.html?adsec=politics&sid=101

This law is a total waste of time. I've always been told by lawyer buddies that these laws are not enforceable to the extent that lawmakers want because the cops are not allowed to look at your phone without permission or a warrant, which most likely would not be granted for just that reason. I keep getting this overwhelming feeling that local lawmakers are enacting these laws just to make people think they are doing more to make them safe, but why even waste the time on something that can't even properly be enforced?
More of the nanny state mentality at work. Lawmakers who see themselves being responsible for correcting any/every possible ill out there. It's stupid, overreaching and ... did I mention STUPID?

If someone causes an accident while texting, charge them with reckless operation and be done with it; same with talking on the phone. It's no different than people who read newspapers, put on makeup, eat or do any number of other distracting things.
May 5, 2010 6:45pm
hasbeen's avatar

hasbeen

Excuse me, Flo?

6,504 posts
May 5, 2010 7:12 PM
sjmvsfscs08 wrote: Fuck the police. Go crack down on some real crime pigs! I'd just say I was changing the song on my iPod, since I use an iPhone. What now pig?
wow.
May 5, 2010 7:12pm
NNN's avatar

NNN

Senior Member

902 posts
May 5, 2010 11:31 PM
It's not uncommon for me to get a text while driving, and if I'm with Mrs. NNN, I hand her my phone to read it to me. If necessary, she also responds to it on my behalf.

I'd love to see what happens if I'm in an accident while she's using my phone and the other person claims I was texting. The records would indicate that I was, even though I wasn't.
May 5, 2010 11:31pm
majorspark's avatar

majorspark

Senior Member

5,122 posts
May 6, 2010 1:28 AM
NNN wrote: It's not uncommon for me to get a text while driving, and if I'm with Mrs. NNN, I hand her my phone to read it to me. If necessary, she also responds to it on my behalf.

I'd love to see what happens if I'm in an accident while she's using my phone and the other person claims I was texting. The records would indicate that I was, even though I wasn't.
This is really a great point. This happens quite often. My wife and I do it ourselves when driving. The passenger picks up the phone and reads the text. The driver dictates the response to the passenger. Lets say during this process a serious accident occurs with the driver at fault. Say there are fatalities in the other vehicle as well as the at fault drivers passenger. The driver of the at fault vehicle's cell phone is found in the car and warrants are issued. Law enforcement finds a text being sent by the drivers phone at the time of the accident.

One could not imagine a jury finding the driver at fault beyond a reasonable doubt with a passenger in the vehicle. But jurors are human and read the latest taboo in the media. So who knows? Of course if you were driving a 5 speed and a bigmac value meal was found strewn about the car I doubt it makes its way into court.

This law is stupid and has political feel goods written all over it.
May 6, 2010 1:28am
I

I Wear Pants

Senior Member

16,223 posts
May 6, 2010 2:55 AM
derek bomar wrote: This is incredibly dumb
May 6, 2010 2:55am