Home > The Barr Code > Archives > 2008 > March > 03 > Entry
DEL.ICIO.USStates now criminalizing cell phone, texting in cars
The Atlanta Journal-Constitution
New Jersey, which four years ago became one of the first states to pass a law making it unlawful for a driver to talk on a hand-held cell phone while driving, has now moved to the next level. The “Garden State” has given police the power to stop a driver if he or she is using a cell phone or a hand-held communication device to send a text message. The police no longer need to have some other, legitimate reason to stop a driver (such as driving dangerously) in order to cite him or her for “improper” cell phone use. All the police officer now needs is to see you using that communication device while driving, and Bam! you get pulled over, ticketed and fined.
The new law magnanimously allows a driver to use the cell phone for an emergency, but anything short of that will subject him or her to a citation if caught.
For Nanny States like New Jersey and the few other states that have done this, the fact that it is already unlawful to drive dangerously or cause an accident if you drive negligently — for whatever reason, including using a cell phone and being thus distracted — is not relevant. The goal is to criminalize — and double-criminalize — more and more behavior, in order to control the citizenry and oh yes, by the way, bring in more revenue for the state.
Isn’t it great to live in a free country?
Comments
Commenting is now closed for this entry.
By formula
March 3, 2008 10:41 AM | Link to this
A person texting while driving might as well be intoxicated or in other ways impaired. I get in to near misses every week with someone occupied with an electronic device. It’s a great feeling to get nearly run off the road with your child in the backseat because somebody wants to play with their gizmos.
It would be great to live in a country free of people like you, Bob Barr.
By Chuck
March 3, 2008 10:56 AM | Link to this
Just increase the insurance rates by 250% and revoke their drivers permit( no matter what age)
By libertas
March 3, 2008 10:59 AM | Link to this
I love you Bob! However, to follow your logic…DUI laws are redundant. People like me and “formula” just want to be protected from the carelessness of others.
By Mike
March 3, 2008 11:59 AM | Link to this
May be they can pass a law to out eatting or reading when I drive. Or maybe putting a new CD in to the player. Maybe talking to the other person in the car can be out lawed. If it is dangerous don’t do it and drive. Stop all the new laws…
By SW
March 3, 2008 12:27 PM | Link to this
Not surprising at all. Granted, I somewhat see the relevance of this law but at the same time, it is a joke and waste of time. People will still use their phones but just hide them when they see the authorities. Conversely, you’ll still see a rising trend in accidents related to alcohol and that said, Chuck I am with you on that one. The stiffer the punishment, the less likely one will be able to break the law (and if they do we can roast ‘em). Therefore, I’d also like to propose a mandatory minimum 30 day jail sentence for the 1st DUI along with a $1,000 fine, and 40 hours of community service…non-negotiable (yes, I’d go into the cab business). Drink and drive, lose your job/a semester in school, pay up, and lose personal time on the back end. That would be a law I would smile about. Heck, I’d join the police force (for dang near free) if it were passed.
2nd offense - 90 days in jail 3rd offense - 1 year…in prison
By ralph
March 3, 2008 12:29 PM | Link to this
Bob, As a lifelong Democrat, I have rarely agreed with your views. however, you are exactly right about this one.
By Bolen
March 3, 2008 12:35 PM | Link to this
It is distracting and dangerous to attempt send/read text messages while driving. But, I take your point. Really, how is this any different—other than being a relatively new activity—than attempting the following while driving:
I have seen people nearly wreck doing all these things. When do we outlaw books? Can’t wait.
By TIme Out
March 3, 2008 12:37 PM | Link to this
Bob you are now my new hero…except for you view on Gay Unions
By Pass a Law Georgia
March 3, 2008 12:38 PM | Link to this
Cellphone usage is just as dangerous as a drunk driver! I was almost hit head-on yesterday when a woman on a cellphone pulled into the subdvision. She had no idea what whe was doing until I blew the horn and alerted her I was there. Georgia and all states need to pass a law preventing cellphones and texing while driving. Every day you can see people engaged in conversations while driving home and their mind is far from watching how they are driving. Most of the talking is totally unnecessary to start with!
By Pass a Law Georgia
March 3, 2008 12:38 PM | Link to this
Cellphone usage is just as dangerous as a drunk driver! I was almost hit head-on yesterday when a woman on a cellphone pulled into the subdvision. She had no idea what whe was doing until I blew the horn and alerted her I was there. Georgia and all states need to pass a law preventing cellphones and texing while driving. Every day you can see people engaged in conversations while driving home and their mind is far from watching how they are driving. Most of the talking is totally unnecessary to start with!
By Steve
March 3, 2008 12:47 PM | Link to this
If we crack down on drunk drivers, and cell phone use/texting has been PROVEN to be just as impairing to the driver, why can’t we crack down on the cell phone nonsense in cars?
Come on, Bob. Use yer noggin’
By simona
March 3, 2008 1:04 PM | Link to this
USA just loves to persecute and punish the people, and if authorities wants it there is allways a reason, just remember the movie “Judge Dredd”; it”s becomming a reality.
By Barbara
March 3, 2008 1:23 PM | Link to this
Bob, I’ve previously supported you, but as of late you’re not the person I thought you were. Maybe you don’t want surveillance of possible terrorists because you choose to protect those that are breaking the law internationally. Yes, I’m aware of you handling (or mishandling, depending on who you speak to)a client’s case in 2005, where there was offshore money stashed. Yes, he was put in the Atlanta Federal Pen for three months and released once the money was available. You don’t mind defending people evading taxes, but God forbid our government is allowed to protect us.
As for this article, I’d love to send you a picture of a young man that was texting while driving. It’s one of the most graphic I’ve ever seen, and I do believe you’d change your mind if you saw what happened.
Where is your head these days?
By MP
March 3, 2008 1:40 PM | Link to this
If people did the responsible thing we would not need to even think about passing laws. Unfortunately we have a vast society filled with tens of thousands of people whose standard is the legal standard. The unwritten “do the right thing” standard is higher.
If we as a society don’t do better we will get more laws, more police, more people in jail or prison.
People on cell phones in their moving car are selfish and dangerous. Expect to get an earful of my car horn when I see you.
By Pat
March 3, 2008 2:07 PM | Link to this
I agree with Barr on the theme of government intrusion but this “celling” is out of hand. Most of it is a habit that is dangerous while driving. Holding a phone to the ear is nothing compared to texting.
By oskar
March 3, 2008 2:12 PM | Link to this
Here’s an interesting analysis… Graph the increase in cell phone usage since 1990 (astronomical increase) versus the decrease in traffic accidents per 100,000 miles driven during the same period (significant decrease)…
Against this backdrop, it’s hard to believe that cell phone usage while driving is as big a problem as portrayed, despite heartfelt anecdotes to the contrary
By Jack
March 3, 2008 3:01 PM | Link to this
What’s next? Will they criminalize talking to other passengers in the car? Sneezing and taking a hand off of the wheel? How about putting on make-up or shaving while driving?????
By FreeAmerican
March 3, 2008 3:16 PM | Link to this
Some of you missed his point, driving dangerously is alreay a crime, no matter the reason.
I don’t care if you have been drinking water and you cause an accident, you should be charged just the same as someone that had been dringking alcohol.
By jabster
March 3, 2008 3:31 PM | Link to this
The Kimmer put it right a few years back:
No more traffic tickets-none. Period. If you’re driving in such a way to be an honest hazard to other motorists, no ticket-you go straight to jail. Otherwise, you get left alone.
Yes, that means no citations for “offenses” that aren’t jail-worthy. And no quarter for those that are.
Also-Oskar’s right. The death rate per 100MM miles driven keeps going down every year. We must be doing something right!
By C'mon people
March 4, 2008 10:31 AM | Link to this
Look, I’ve almost been run over by a woman that turned her head right to talk to a friend in the car while pulling into the left lane that I already occupied.
Everyday, people switch lanes without looking. Texting or not. But everyone thinks it’s unreasonable to criminalize talking to passengers. In fact, they encourage carpooling and putting more people in the car.
I don’t mean to sound absurd, but we really just have to focus on teaching drivers common sense. Texting is not like drunk driving. It is a a distraction, and one should use judgment, but when driving drunk, the law presumes that one cannot use judgment properly or react accordingly.
Also, remember that a law like this would likely criminalize texting while at red lights, because they seldom make a distinction between stopped and driving when the vehicle is in operation (i.e., motor running). That clearly is not making drivers any safer.
By Darth
March 4, 2008 11:37 AM | Link to this
While I appreciate the right of individuals to bring about their own destruction, too often innocents suffer the most. Being the recipiant of a low speed rear ending by someone yabbering on a phone I have no sympathy for their right to ignore their primary responsibility to others. I think when the phone comes on the car shuts down.