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Old 04-28-2014, 06:05 AM   #31
Bill Harris
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Originally Posted by Navy Chief View Post
This is one of the things that needs to change, it should be automatic that if you are involved in an accident that law enforcement automatically receives your cell phone records from the provider and a dump of your activity log from your phone on the scene (technology for this already exists). If you were using the phone for anything other that a hands free voice call then there needs to be a mechanism in place to ensure that you are charged with distracted driving and the accident ruled as your fault. The consequences need to be similar to a DUI, high fines, high points on your license, suspended license, difficulty obtaining insurance in the future.

Making it a severe enough punishment is the only way that this is going to be mitigated, it will never end it but it could reduce it by a great margin.
A big +1 on that. Driving while texting is premeditated negligence and should carry at least the same penalties and enforcement effort as DUI. And just as you are typically required ot submit to Breathalizer (etc) testing as a condition of the privilege of being graned an operator's license, the same standards should apply to mobile phone records.

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Old 04-28-2014, 06:22 AM   #32
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Originally Posted by Navy Chief View Post
This is one of the things that needs to change, it should be automatic that if you are involved in an accident that law enforcement automatically receives your cell phone records from the provider and a dump of your activity log from your phone on the scene (technology for this already exists). If you were using the phone for anything other that a hands free voice call then there needs to be a mechanism in place to ensure that you are charged with distracted driving and the accident ruled as your fault. The consequences need to be similar to a DUI, high fines, high points on your license, suspended license, difficulty obtaining insurance in the future.

Making it a severe enough punishment is the only way that this is going to be mitigated, it will never end it but it could reduce it by a great margin.


Won't work. Laws (at least those I'm familiar with) are written in a way that driver could claim they were not holding the phone ("It was on the seat, officer"). Or, they could refuse and accept the statutory penalty. I've seen this happen with DUIs -- if the driver knows they are intoxicated, they can refuse a test, knowing that a suspended license is better than a DUI conviction -- especially if there were injuries or death as a result.

Plus, it's a nearly impossible enforcement issue. After a crash, sure -- you may be able to subpoena the phone data. But, have you ever read one of the "No Helmet Laws!" threads? People NEVER think they're going to crash, so they never would assume they'll get busted.

Now... OTOH.... Roving gangs of angry, armed bikers randomly shooting into the windows of texting drivers... That sort of shit sends a message.
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Old 04-28-2014, 06:28 AM   #33
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Texting seems to draw all the rage, and as someone who drives on the average of at least 200 miles a day, I share everyone's disdain for texters who can't seem to maintain control of their car. It's but one of many distractions or potential distractions that place people in danger.

My belief, based on having ridden with hundreds of people over the years and having observed thousands more, is that we ALL allow ourselves to engage in potentially distracting behaviors. There are people who have killed others whil fiddle fucking with radio buttons. There are those who have killed others while trying to squirt ketchup on fries. There are those who have killed others while taking in the beautiful scenery around them. There are those who have killed others while thinking about the argument that they had with their wife before work. There are those who have killed others while being overly focused on their 6. There are those who have killed others while trying to operate the dash controls of unfamiliar vehicles.

We ALL allow distractions or risks if you will. The question is how do we manage those distractions or risks? If you become overly focused on any distraction, it can become dangerous or deadly. Most of us do a pretty good job of maintaining control and situational awareness while allowing distractions. I loathe those who don't whether it's texting, sightseeing or daydreaming that's the distractor.
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Old 04-28-2014, 06:32 AM   #34
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My belief, based on having ridden with hundreds of people over the years and having observed thousands more, is that we ALL allow ourselves to engage in potentially distracting behaviors.

Texting is MUCH more distracting than any of the other items you enumerate. Phone calls are maybe the same as many of them (NOT including the part where you dial or try to answer a call on your glass screen smartphone), but texting is crazy. Or reading/sending emails, which I see on the road every week (and my daily commute is only 20 miles round trip).
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Old 04-28-2014, 08:15 AM   #35
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I know this thread is about texting but I had a driver pull a U-turn right in front of me while talking on her cell phone. I had to completely stop and to this day I don't think she is aware of what she did! I believe even talking on a cell phone is illegal in some states as it should be. When I drive a car I don't talk or answer the phone, I put it out of reach lest I be tempted to answer it.
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Old 04-28-2014, 08:25 AM   #36
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And while it is proven that talking on the phone while driving is a major distraction (and nothing will stop it). Make a requirement that if you talk on the phone and drive, you have to use a Bluetooth or other hands free device. Cop sees you holding a phone to one ear, driving with one hand and alternately taking the hand off the wheel to gesture at the unseen person, pulls you over and issues a fat ticket. Get three in a year, walk for 6 months.
That's pretty much how it is over here. Four in three years, walk for 6 months. Just not well enforced as we don't have enough cops out and about.
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Old 04-28-2014, 08:25 AM   #37
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I know this thread is about texting but I had a driver pull a U-turn right in front of me while talking on her cell phone. I had to completely stop and to this day I don't think she is aware of what she did! I believe even talking on a cell phone is illegal in some states as it should be. When I drive a car I don't talk or answer the phone, I put it out of reach lest I be tempted to answer it.

A hail of bullets through her window would have alerted her to your presence.
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Old 04-28-2014, 08:51 AM   #38
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Old 04-28-2014, 08:53 AM   #39
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Phone use is illegal in DC unless hands free, and ALWAYS illegal for bus and taxi drivers (supposed professionals), but it is so common it is laughable!
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Old 04-28-2014, 09:54 AM   #40
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Phone use is illegal in DC unless hands free, and ALWAYS illegal for bus and taxi drivers (supposed professionals), but it is so common it is laughable!
Well, the solution is obvious, then: We need more laws!
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Old 04-28-2014, 09:57 AM   #41
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A hail of bullets through her window would have alerted her to your presence.
That is completely irresponsible to even suggest such a thing, especially with today's sky-high ammo prices. He could go broke before she looked up.
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Old 04-28-2014, 10:05 AM   #42
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Yay!

Another anonymous (to me) cager dead! Thank fuck for that. Can't wait for the next unknown cager to die so I can come here and gloat about it.

...

I wonder if there's a car forum gloating about the bikers who die every day because of mistakes made by the biker.
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Just as going into a bend too fast is a chosen act. Failure to check your blind spot. Riding a poorly serviced bike. Not wearing appropriate gear. Pulling a wheelie. Grabbing too much front brake or not enough. Following the bike in front too closely and on and on and on goes the list.

As you can see, the list of mistakes that a biker can make that leads to death is pretty long. We don't celebrate those deaths.

The cager made a mistake. And paid for it with her life. Let's not celebrate that.
But you already did celebrate it. Now own it.
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Old 04-28-2014, 10:12 AM   #43
Dranrab Luap
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Originally Posted by wiseblood View Post
Texting is MUCH more distracting than any of the other items you enumerate. Phone calls are maybe the same as many of them (NOT including the part where you dial or try to answer a call on your glass screen smartphone), but texting is crazy. Or reading/sending emails, which I see on the road every week (and my daily commute is only 20 miles round trip).
Nope. Only if you allow it to be.
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Old 04-28-2014, 10:21 AM   #44
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Well, the solution is obvious, then: We need more laws!
We need some draconian laws and judges with the fortitude to enforce them.
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Old 04-28-2014, 10:48 AM   #45
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We need some draconian laws and judges with the fortitude to enforce them.
Seems to me the police need to first enforce them so the judges can.
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