Drivers Subject To 'Textalyzer' Scanning Without Consent In New NYC Bill

[tunaphish6]

Here's the absolutely glaring flaw: I regularly use my phone for navigation for my job.

Would I suddenly be susceptible any and every time I drive? Would this essentially give cops free-reign to pull me over and fine me because they can prove there has been activity on my phone as I drive?

So many glaring holes with this logic.......

 

[Onus]

Accuracy is a flaw that needs to be addressed, however given that only the cellphones of drivers involved in accidents would be scanned, I believe the Constitutional "probable cause" requirement is satisfied for a search.
Having been crunched by a woman yammering on a cell phone myself, I too think that penalties for using a cellphone while driving, that contributes to an accident, should be severe. You're piloting a mass of metal and plastic big enough to kill people; put the phone away and DRIVE.

 

[LORD_ORION]

We get way too hung up on the idea of 'privacy'. IMO it is not an invasion of a drivers privacy to determine if he/she was engaged in unsafe/illegal behavior while driving. They don't want to know the details of the text... just the physical actions of the driver while behind the wheel. You have no right to privacy around that information. Take your licks... learn your lesson... and leave the texting for later.

Go look up the Milgram experiment... these militant privacy laws are there to protect is from people WHO WILL follow orders that are against the rules. (doesn't mean the worst example, kill you under orders, but definitely put you in a legal jam you shouldn't be in)

 

[wgknestrick]

If only we had the technology to communicate to each other using simple voice commands instead of typing..............

 

[dinther]

The more you legislate against unsafe behavior, the more people will reject taking responsibility for what they are doing. The issue is drivers causing harm to third parties. Lack of skill, stress at work, a flu, mother in law moaning in the back seat. Dog barking like crazy, GPS playing up at a critical intersection, technical issue with the car and hundreds more causes that could lead to an accident. You cannot prevent these causes. Breathalyzer, alcohol content one size fits all. In my case the legal limit would be too much. Textalizer, read the comments. Too many holes in it. How about measures to prevent all those other causes. Why is tuning car stereo OK but texting is not? Why is looking at your GPS screen OK but reading (but not replying) a text is not?

My point is. You cannot prevent unsafe behavior. Trying to do so in an honest way, is way too intrusive. What is an issue for one, isn't for another.

 

[Lindus]

This law sounds like a 4th amendment violation to me...

 

[Gam3r01]

This law sounds like a 4th amendment violation to me...

Thats the probably cause portion.
If they see you with the phone while driving, or suspect you were using one prior to an accident, should fall well under probably cause to search you.
Same thing goes for smelling smoke or seeing illegal items/activities from outside a house. They dont need a warrant.

 

[littleleo]

How about freeways being setup with cell jammers so no one can text or talk while driving? Then have turn outs without jamming for emergencies.

The only other option I can think of is having a camera mounted on freeway signs to take pictures of the driver in vehicles and save them for a month so law enforcement can retrieve them to see what the driver is doing prior to the accident. After 30days no request for the data then just delete it. You don't have to take anyone’s phones and you can see who was talking on the phone. So no privacy issue or encryption issues no confusion to who was on the phone between the driver and the passengers.

Yay, more cameras! Just what we need.

How about we grow people who are less stupid. This would involve growing better parents.

I don't think the problem is whether a person is smart or not but whether a person is honest and will admit the truth when they cause an accident. I wasn’t texting it was my BFF or GF I was driving safely…

However with that new virus that shrinks the fetus's brains spreading across the US I think we will end up seeing the rebirth of the GOP's Teabagger faction. We will be swamped with more Sara Palins and Ted Cruzs. Better order-up more green eggs and ham.

 

[USAFRet]

How about freeways being setup with cell jammers so no one can text or talk while driving? Then have turn outs without jamming for emergencies.

The only other option I can think of is having a camera mounted on freeway signs to take pictures of the driver in vehicles and save them for a month so law enforcement can retrieve them to see what the driver is doing prior to the accident. After 30days no request for the data then just delete it. You don't have to take anyone’s phones and you can see who was talking on the phone. So no privacy issue or encryption issues no confusion to who was on the phone between the driver and the passengers.

Yay, more cameras! Just what we need.

How about we grow people who are less stupid. This would involve growing better parents.

I don't think the problem is whether a person is smart or not but whether a person is honest and will admit the truth when they cause an accident. I wasn’t texting it was my BFF or GF I was driving safely…

However with that new virus that shrinks the fetus's brains spreading across the US I think we will end up seeing the rebirth of the GOP's Teabagger faction. We will be swamped with more Sara Palins and Ted Cruzs. Better order-up more green eggs and ham.

No. Smart = "Don't do that!".
Not, "fess up after I caused a major accident"

And let's leave the politics out of this.

 

[kittle]

Once people can be universally pulled over for having a phone in hand while driving -- then we will see changes.

Try taking a vodka bottle and put tap water in it.. then drive down the road drinking your water -- see how long it takes until you get pulled over. Cellphone use needs to be the same.

 

[littleleo]

How about freeways being setup with cell jammers so no one can text or talk while driving? Then have turn outs without jamming for emergencies.

The only other option I can think of is having a camera mounted on freeway signs to take pictures of the driver in vehicles and save them for a month so law enforcement can retrieve them to see what the driver is doing prior to the accident. After 30days no request for the data then just delete it. You don't have to take anyone’s phones and you can see who was talking on the phone. So no privacy issue or encryption issues no confusion to who was on the phone between the driver and the passengers.

Yay, more cameras! Just what we need.

How about we grow people who are less stupid. This would involve growing better parents.

I don't think the problem is whether a person is smart or not but whether a person is honest and will admit the truth when they cause an accident. I wasn’t texting it was my BFF or GF I was driving safely…

However with that new virus that shrinks the fetus's brains spreading across the US I think we will end up seeing the rebirth of the GOP's Teabagger faction. We will be swamped with more Sara Palins and Ted Cruzs. Better order-up more green eggs and ham.

No. Smart = "Don't do that!".
Not, "fess up after I caused a major accident"

And let's leave the politics out of this.

Agreed
Smart = I'd better not do that things can go badly.
Honesty = I did that I'm sorry

Unfortunately they don’t go hand in hand and are separate character traits. I always feel it’s better to tell the truth since lies tends to lead to more lies and more lies and soon you forget where your story is.

 

[littleleo]

Once people can be universally pulled over for having a phone in hand while driving -- then we will see changes.

Try taking a vodka bottle and put tap water in it.. then drive down the road drinking your water -- see how long it takes until you get pulled over. Cellphone use needs to be the same.

So I guess what you are saying is once the police start really cracking down on texting while driving is when we'll see this issue become less and less.

 

[turkey3_scratch]

I passed a girl on the interstate today who was doing 5 under in the passing lane while barely keeping the car on the road. I noticed as I went by she had both hands on her phone steering with her wrists.

I literally see this 20 times a day.

The sadder part is probably that a decent percentage of your 14 upvoters do the same, yet they "think" they're more
"skilled" at texting while driving.

 

[littleleo]

I guess I'm from the wrong generation to me it's much easier to just call instead of text. Both still lead to distracted drivers though.

 

[USAFRet]

I guess I'm from the wrong generation to me it's much easier to just call instead of text. Both still lead to distracted drivers though.

And I'm apparently from a different generation, that does not require 24/7 contact with the entire world. Either voice or text.

Is there anything that important that it cannot wait?
"Honey? Can you bring home milk?"
'Sure. As soon as I extricate the front bumper from that guys car, and the nice officer is done with me.'

 

[falcompsx]

the penalty for texting while driving should be execution. Clean up the gene pool a little bit and relieve traffic in one fell swoop.

 

[fixxxer113]

As some have pointed out, it will be hard to prove that the driver was using the phone with his hands while driving. The system would have to rely on many parameters to provide results. Apart from temperatures and texting/calling activity, it would have to read GPS and Accelerometer data to determine if the car was actually moving at the time. Maybe the driver parked somewhere and made the call. Also, the driver would have to be alone, or else they would all just claim that the other person in the car was using it. It would be a legal mess and take up much of the authorities' time and resources. There are 2 basic things that need to be done worldwide, in order to counter driving-related issues.

1) EDUCATE! This is the only solution for future drivers. And I don't just mean driving lessons, I mean educating people from a young age to be careful and use common sense. Make them understand the serious implications of practices like that.

2) Extreme penalties. I am a very strong supporter of the idea that if you are not capable of driving safely, you simply shouldn't drive. Some traffic violations, like running a red light or getting caught driving under influence or texting/calling should be dealt with immediate and permanent revocation of the driver's license. You would never be allowed to drive again, period. If you don't have the mental capacity to drive without being a danger to others, then you need to be removed from the road.

 

[neon871]

The need for text prevention needs to come from phone or app manufactures. All phones have GPS in them, so if you are going 10mph or faster your phone should lock out texting. Passenger or drive should makes no difference I say lock them out of texting.

 

[Onus]

The need for text prevention needs to come from phone or app manufactures. All phones have GPS in them, so if you are going 10mph or faster your phone should lock out texting. Passenger or drive should makes no difference I say lock them out of texting.

I thought about this, and it doesn't work, because it doesn't allow for use on trains, subways, buses, ferries, or other public transportation.
It is simply not possible to legislate common sense.

 

[gerhardb]

"Excuse me, Officer? No, I don't have my cell phone with me."

So, I would, on the other hand, wipe my phone, and not lie to the police officer.

If the phone is wiped, there is no way [for local law enforcement] to get anything off of it. If you don't lie to the officer, but lawyer up immediately, you haven't said anything that will come back to you.

 

[USAFRet]

"Excuse me, Officer? No, I don't have my cell phone with me."

So, I would, on the other hand, wipe my phone, and not lie to the police officer.

If the phone is wiped, there is no way [for local law enforcement] to get anything off of it. If you don't lie to the officer, but lawyer up immediately, you haven't said anything that will come back to you.

In my case, it would not be a 'lie'. I often do not have my phone with me.
Number of texts I've sent while driving? 0
Number of voice conversations I've had while driving? 2

Unlike many, I am not married to that pacifier.

 

[Onus]

I can't imagine texting while driving. I've taken a few calls (handsfree now), and may have made 1-2, but I do not like to make them while driving; I'll pull over.

 

[littleleo]

If they do pass this law there will be an app developed and released the same day that will clear your call history to make it look like you haven't been talking on it that day.

I like the idea of an app that doesn't let you use the phone when driving. Most trains don't travel down the freeway but on separate paths so you can tell by GPS if you’re on a train and planes don't fallow the roads either. Plus you can put special transponders on both to indicate you’re on mass transit like buses instead of driving. Of course how your passenger in your car fare? How would it affect your GPS navigation help?

I’m with you USAFRet, my cell has zero text messages probably for over a month or longer. And I probably call on it once to twice per month and I keep it off except when I need to reach someone and I don’t have a land line to use. If driving I'll pull over or pull into a parking lot.

I see people in restaurants eating together and instead of talking to each other they’re texting away. I find that so strange why go out to eat with someone just to ignore them and text someone else. I think that is just plain rude and disrespectful. Like I said I guess I’m from a different generation.

 

[BGA___]

The issue for me is, what is the time window it's looking at. Lets say I am driving at 60mph and I send a text at 12 noon. I drive another mile and then get in a wreck at 12:01pm. Obviously that text message I sent, had absolutely nothing to do with my wreck. but how do the police know the exact minute and second that the wreck occurred?

I do agree that texting or using a phone while driving is absolutely stupid. Everyday on my daily commute I'll pass someone driving erratically and when I get beside them I see them looking down into their laps while on the interstate and not even paying attention to the road. Its infuriating.

 

[USAFRet]

The issue for me is, what is the time window it's looking at. Lets say I am driving at 60mph and I send a text at 12 noon. I drive another mile and then get in a wreck at 12:01pm. Obviously that text message I sent, had absolutely nothing to do with my wreck. but how do the police know the exact minute and second that the wreck occurred?

I do agree that texting or using a phone while driving is absolutely stupid. Everyday on my daily commute I'll pass someone driving erratically and when I get beside them I see them looking down into their laps while on the interstate and not even paying attention to the road. Its infuriating.

The crash I was in, the young lady had a full 10 seconds of red light, a further 3 seconds of yellow, before she hit me. After my light turned green.
At 60mph, that is 3 football fields of no one looking out the window. And yes, she was going about that fast.

Sending or reading...not looking out the window.