03-12-2012, 10:20 PM
however, police and courts have a devilishly hard time trying to care about these things.
BS.
Police have a devilishly hard time trying to prove the driver was distracted, without some kind of measurable standard. If there is a major infraction, or a collision (with or without injury, it's pretty much prima facia.
It's similar with DUI. But with DUI (in CA) there must first be probable cause for a stop. If the driver is eventually found to to have a BAC of .08% or greater, they are presumed DUI. No further proof is needed. But everything up and to that point can (and often is) challenged.
Less than .08%, the People have to prove that the actions and condition of the driver warrant (npi) a conviction. Not that easy.
With texting being illegal, you don't have to prove that the driver was distracted, you just have to hope the jury believes your testimony that he was texting, and not the jerk:
"I wasn't texting. Maybe it was somebody who looked like me, in a car that looked like mine. But it wasn't me. I don't know what he's talkin."
turning a station, or upping the AC takes far less time than texting.
Agreed.
And it's my contention that it takes less higher (?!) brain activity to do those as opposed to texting.
BS.
Police have a devilishly hard time trying to prove the driver was distracted, without some kind of measurable standard. If there is a major infraction, or a collision (with or without injury, it's pretty much prima facia.
It's similar with DUI. But with DUI (in CA) there must first be probable cause for a stop. If the driver is eventually found to to have a BAC of .08% or greater, they are presumed DUI. No further proof is needed. But everything up and to that point can (and often is) challenged.
Less than .08%, the People have to prove that the actions and condition of the driver warrant (npi) a conviction. Not that easy.
With texting being illegal, you don't have to prove that the driver was distracted, you just have to hope the jury believes your testimony that he was texting, and not the jerk:
"I wasn't texting. Maybe it was somebody who looked like me, in a car that looked like mine. But it wasn't me. I don't know what he's talkin."
turning a station, or upping the AC takes far less time than texting.
Agreed.
And it's my contention that it takes less higher (?!) brain activity to do those as opposed to texting.