Yet Another New Law!
Thumbs Down on Texting
Okay, admittedly I also believe texting is one of the most dangerous activities on the road today, but I don't believe we need to make another law to enforce what is already in a large part is being ignored by law enforcement. On a daily basis, I observe car after car of driver's talking or texting in motion or at stop lights. One would think that there would be a plethora of issued tickets and revenue from all these violations. Ahhh, but lets not forget that an officer needs probable cause to pull you over, such as irradic driving, non-use of your signals or something that causes an unsafe driving condition. So now, simply possessing a handheld device in your hand gives probable cause to be stopped.
So as I read this, it tells me that there will be presumption of guilt for merely holding the phone in your hand? Is this constitutionally correct? Even with some hands-free devices, you need to touch the phone to activate the call. Does this mean that you don't have to display any unsafe driving condition to be stopped by police? Simply their word that you had a phone in your hand and that's why they stopped you? I mean everyone has a phone and it will be their word against yours that it was in your hand or not. This just gives too much power to government to control our personal actions.
Here is how I see this working to a greater advantage. You get pulled over late at night in an area known to be in the vicinity of well known drinking establishments. You are not drinking, but in the wrong place at the wrong hour. You are obeying all traffic laws and driving completely safe as you normally would. But you are pulled over and you are asked about how much you had to drink or where you are coming from. You are being profiled in a sobriety traffic stop. Under normal conditions, you'd have to display or commit a traffic infraction in order to be stopped. Now, an officer simply can say he saw you with your cell phone. Of course, this would never really happen (grin), would it?
Why are DWI arrests so important? Well of course it's to protect the public. But if you also understand that simple traffic ticket revenues get shared with the State versus DWI revenues which 100% of the revenues stay with the arresting jurisdiction; you might now further understand the financial benefit of DWI revenues, I mean arrests.
Lets not keep making more laws to give government more power over our liberties. If you act irresponsible and display those traits, then ticket them until the cows come home. But don't stop me on the presumption of guilt because you believe I am doing something wrong instead of presuming I haven't!
Okay, admittedly I also believe texting is one of the most dangerous activities on the road today, but I don't believe we need to make another law to enforce what is already in a large part is being ignored by law enforcement. On a daily basis, I observe car after car of driver's talking or texting in motion or at stop lights. One would think that there would be a plethora of issued tickets and revenue from all these violations. Ahhh, but lets not forget that an officer needs probable cause to pull you over, such as irradic driving, non-use of your signals or something that causes an unsafe driving condition. So now, simply possessing a handheld device in your hand gives probable cause to be stopped.
From this article:
Cuomo warned that drivers merely caught holding a hand-held device will still get slapped with a ticket.
"If you're holding the device in your hands," he said, "the presumption is you're using it." So as I read this, it tells me that there will be presumption of guilt for merely holding the phone in your hand? Is this constitutionally correct? Even with some hands-free devices, you need to touch the phone to activate the call. Does this mean that you don't have to display any unsafe driving condition to be stopped by police? Simply their word that you had a phone in your hand and that's why they stopped you? I mean everyone has a phone and it will be their word against yours that it was in your hand or not. This just gives too much power to government to control our personal actions.
Here is how I see this working to a greater advantage. You get pulled over late at night in an area known to be in the vicinity of well known drinking establishments. You are not drinking, but in the wrong place at the wrong hour. You are obeying all traffic laws and driving completely safe as you normally would. But you are pulled over and you are asked about how much you had to drink or where you are coming from. You are being profiled in a sobriety traffic stop. Under normal conditions, you'd have to display or commit a traffic infraction in order to be stopped. Now, an officer simply can say he saw you with your cell phone. Of course, this would never really happen (grin), would it?
Why are DWI arrests so important? Well of course it's to protect the public. But if you also understand that simple traffic ticket revenues get shared with the State versus DWI revenues which 100% of the revenues stay with the arresting jurisdiction; you might now further understand the financial benefit of DWI revenues, I mean arrests.
Lets not keep making more laws to give government more power over our liberties. If you act irresponsible and display those traits, then ticket them until the cows come home. But don't stop me on the presumption of guilt because you believe I am doing something wrong instead of presuming I haven't!
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