Thursday, September 30, 2010

Just What You'd Expect from MA...

Mass. drivers prepare for texting and driving ban

BOSTON — April Baker admits she often texts her friends while driving, even though the habit has caused her to nearly crash into other vehicles in front of her on a few occasions.

But Baker says she working to break her texting habit because of a new state law banning the practice that goes into effect Thursday.

Okay, so let me get this straight. Nearly hitting another vehicle didn't make this imbecile stop texting while driving, but a $100 fine will? They honestly expect us to believe that the very real threat of injury or death won't stop someone from texting while driving, but a simple traffic fine will? I mean, I know this is MA, where they honestly believe that a one-gun-a-month law will stop gangbangers from getting their hands on hot heaters, but still...

Here's another thought - how much money is the state willing to spend defending these citations? If someone is pulled over and gets a $100 ticket for texting, and appeals the charge on the basis that they were dialing someone/using the notepad feature/looking up a number/some other activity than texting, the onus will be on the state to prove that they were in fact texting at that time. That means pouring over phone records to determine if there were data charges at the exact time of the infraction - good luck with that.

Make no mistake. The MA legislature passed this law so that they could be viewed as "doing something" about the problem of distracted driving. Much like gun control, they took the repeated breaking of a law and addressed it by... passing another law! That has worked so well with illegal drugs, drinking and driving, and other crimes that we've "solved" by simply passing more laws, right? But hey, at least this one will bring lots of dough-re-me into the state coffers, right?

MA: You're more likely to bleed the death of a thousand cuts here.

That is all.

8 comments:

JD said...

two things Jay

1 - I think they charge you to appeal traffic fines now. . . a way to get you not to do it I guess...

2 - I saw a report yesterday on line that these text laws actually increase the accedent rates as folks try to hide what they are doing while driving. . . so it will make the issue worse not better

Ain't MA great!

Paul, Dammit! said...

Legislative Theatre continues...

Ancient Woodsman said...

I have whined here when the Granite State is gets more like our neighbor to the south.

Today I am with hat in hand, head bowed.

We had a texting while driving law before you did.

Chuck said...

You can see the full details of the Act (modifications/additions to existing laws) here: http://www.malegislature.gov/Laws/SessionLaws/Acts/2010/Chapter155

And most of the relevant sections of the full existing laws here:
http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90

Given the amount of media coverage, it was a bit difficult to find the actual verbage. Of course looking for *one specific* law in MA is like looking for a needle in....a stack of needles.

So I can understand how pulling phone records would prove if you *send* text or email messages at or before you were pulled over by your friendly LEO. I think the situation gets muddier WRT to citing someone for reading a message, knowing that most of the smartphones also include music players and GPS which are allowable uses under the law. Personally, I use the GPS on my phone and sometime prefer it to my standalone GPS. But now I'm going to look quite suspicious if I'm glancing down at the screen to check directions.

Jay G said...

Chuck brings up something else that's very important. This is a *PRIMARY* law - meaning that the cops can pull you over for this and this alone.

They've just gotten a reason to pull over every single car on the roadway: I thought he/she was texting.

And, oh, look, you're not wearing your seatbelt. And your tags are expired. And you don't mind if we look in your trunk, do you...

Anonymous said...

Utah has one and it has done nothing to curb accidents. The Washington Post "reports" http://www.washingtonpost.com/wp-dyn/content/article/2010/09/28/AR2010092805833.html

Eck! said...

We have and still have a distracted driving law. It carries a similar penalty and harder to disprove as all the officer has to say is "I was watching you and you made an abrupt maneuver to get back in lane.

The texting law is two sided. One critical thinking on the part of lawmakers and drivers has gone the way of the dodo. Neither think and both put faith in laws will save us from ourselves/other guy.

To both of them a brief moment as a pilot. In an emergency as during normal fling there is one rule that must be obeyed above all else, is to fly the plane. Actually the full text is Aviate, navigate and communicate and if there is any question which is more important A is the first letter!

For those driers that do reading, texting, cellphone, lipstick, makeup, sorting biills or reading books Drive the car damnit!

Eck!

RW said...

A. I guess calling people has gone so out of vogue that some would prefer to type out the words while driving & thus risking their own lives - and now a fine - than pushing one speed-dial button and talking via speaker phone option, which is available on just about every cell.

B. Reminds me of some gun laws. "Yeah, you might want to kill someone with a gun, but if we put in a local ordinance that says you can't, I bet THAT will be what stops you!"