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Ohio Bans Texting - Discuss


TTQ B4U

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why do you have to be a hater? what are they gonna do, force you to give them your password?

 

I doubt an LEO would even try. All they have to do is cite you and meet you in court. It's not their job nor likely their care to debate you on the streets of Cbus. Due process man. Overtime for them I'm sure.

 

If I were a cop and cited you and we disagreed or you said "prove it", I'd refer you to the court date appearance and wish you a nice day. My guess is pulling cell records is common practice already anyway.

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I doubt an LEO would even try. All they have to do is cite you and meet you in court. It's not their job nor likely their care to debate you on the streets of Cbus. Due process man. Overtime for them I'm sure.

 

If I were a cop and cited you and we disagreed or you said "prove it", I'd refer you to the court date appearance and wish you a nice day. My guess is pulling cell records is common practice already anyway.

 

More guilty until proven innocent laws. Man fuck this country.

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Our society is always in need of more laws, especially laws that are difficult to enforce, yet provide a stream of revenue to incentivise its possible abuse. Will this mean I'll have to go to court to prove I was changing songs on my music app, or turning off GPS, or any of the other things we all do on our phones.
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More guilty until proven innocent laws. Man fuck this country.

 

How so? If you're cited and choose to fight it in court, you're not found "guilty" nor do you have anything on your record until after you go to court. Ticket is just simply a citation, just like your signature isn't an admission of guilt, only that you accept the option of either paying it or fighting it. Until then, your record is clean.

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Our society is always in need of more laws, especially laws that are difficult to enforce, yet provide a stream of revenue to incentivise its possible abuse. Will this mean I'll have to go to court to prove I was changing songs on my music app, or turning off GPS, or any of the other things we all do on our phones.

 

Pretty much, not only do you have to go to court once, you have to go there 2x in Franklin County. I wonder if texting and driving would be a moving violation.

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How so? If you're cited and choose to fight it in court, you're not found "guilty" nor do you have anything on your record until after you go to court. Until then, your record is clean.

 

methinks if you go to court, its you vs cop, you say "no i was not texting", i think the cop wins be default 9 times out of 10 because of the attention texting and driving is getting right now.

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Will this mean I'll have to go to court to prove I was changing songs on my music app, or turning off GPS, or any of the other things we all do on our phones.

 

 

No. If I'm simply changing songs and am pulled over for another offense (texting isn't a primary offense) and the LEO tacks on texting while driving, I can simply show him my phone, lack of texts or emails and discuss it with him there. I doubt he's going to press the issue if you clearly show him otherwise. Why would they?

 

If anything if you are innocent and prove it to him and he still cites you and forces you to hit the courtroom, you stand a decent chance of getting both citations kicked.

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Having password protected lock screen plus encrypting files is always worth it. It isn't a perfect system but is better then leaving everything unlocked. Also I am just going to throw this out here.

http://thenextweb.com/us/2011/04/20/us-police-can-copy-your-iphones-contents-in-under-two-minutes/

 

 

Just don't use your phone in your car while moving. Use bluetooth hands free if you need to talk to someone.

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methinks if you go to court, its you vs cop, you say "no i was not texting", i think the cop wins be default 9 times out of 10 because of the attention texting and driving is getting right now.

 

100% not the case if the phone records show you were not texting at that time. Cop can say it all he wants, but records > his word. Easy one for you to prove, even without an attorney.

 

I also don't think you should be subjected to turn over your phone records to defend yourself over a small violation.

 

How's that any different than turning over your insurance card to prove you have insurance?

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methinks if you go to court, its you vs cop, you say "no i was not texting", i think the cop wins be default 9 times out of 10 because of the attention texting and driving is getting right now.

 

Right, plus you have to go to court, interrupt your life, and likely pay more than the ticket costs to "win". I'm sure most of us would rather pay the fine than go through the hassle and that is a problem. This is what your government does, finds ways to tax you as much as possible under the guise of safety.

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Having password protected lock screen plus encrypting files is always worth it. It isn't a perfect system but is better then leaving everything unlocked. Also I am just going to throw this out here.

http://thenextweb.com/us/2011/04/20/us-police-can-copy-your-iphones-contents-in-under-two-minutes/

 

Just don't use your phone in your car while moving. Use bluetooth hands free if you need to talk to someone.

 

Interesting articular, but if someone is dumb enough to 'hand over' their phone then they get what they deserve. I'd make it very clear that I am going to show the officer with the phone in my possession that I wasn't doing anything and if that wasn't good enough, I'd see them in court. I likely wouldn't even go to court, I'd send the records to the prosecutor ahead of time.

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Interesting articular, but if someone is dumb enough to 'hand over' their phone then they get what they deserve. I'd make it very clear that I am going to show the officer with the phone in my possession that I wasn't doing anything and if that wasn't good enough, I'd see them in court. I likely wouldn't even go to court, I'd send the records to the prosecutor ahead of time.

 

The end of their nightstick says they don't need a warrant to see your phone.

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How's that any different than turning over your insurance card to prove you have insurance?

 

Because an insurance card has small bits of information. Your name, the make and model of your vehicle (which anyone can clearly see), your policy number, etc.

 

A card is one thing, phone records are another. I could see that being abused by governments or LEO.

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methinks if you go to court, its you vs cop, you say "no i was not texting", i think the cop wins be default 9 times out of 10 because of the attention texting and driving is getting right now.

 

I look at this way. If you were texting or shufling songs or in any way looking away from the road to look at your phone while driving, then yes you are guilty. If you were simply calling someone then when you went to court you would be able to prove that with a call detail from your phone. Laws like this are not fun to live with but who knows if this law might save your life or the life of someone you really care about. I personally am for this law. Make it a first offense for everyone to make it easier to enforce.

 

P.S. I think 9 out of 10 times if you get a traffic ticket you are in fact guilty. I don't think I have ever been pulled over for something I wasn't actually guilty of. So when I do get a ticket I try my best to get out of it and if I can't then I just pay my fine and chaulk it up as part of the price I pay to live my life the way I do. All of this is of course my opinion.

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The end of their nightstick says they don't need a warrant to see your phone.

 

I would welcome such treatment as I would eventually have a nice trust fund for my kids. Especially since the Ohio Supreme Court has ruled that police must have a warrant to search the data on a cell phone that is lawfully seized even during an arrest, let alone a traffic stop.

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I also don't think you should be subjected to turn over your phone records to defend yourself over a small violation.

 

You wouldn't have to. If you were calling someone at the time of the violation then all you would have to show is a call detail from your phone bile highlighting the call. All other information on the paper that shows the call can be blacked out.

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Because an insurance card has small bits of information. Your name, the make and model of your vehicle (which anyone can clearly see), your policy number, etc.

 

A card is one thing, phone records are another. I could see that being abused by governments or LEO.

 

If the situation lends itself to a warrant, know that warrants clearly define what bits of information can be obtained.

 

If you bring your records to court all you need to bring is what's directly related to your case. Just redact the rest.

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I would welcome such treatment as I would eventually have a nice trust fund for my kids. Especially since the Ohio Supreme Court has ruled that police must have a warrant to search the data on a cell phone that is lawfully seized even during an arrest, let alone a traffic stop.

 

You are missing the point. They can persuade you into letting them look. Same exact thing for searching your car. "If I happened to search your car I wouldn't find anything illegal in there would I sir?" Most people will not want to hassle a LEO and let them search. Just because it isn't technically illegal you shouldn't abuse your power and status. I guess the 4th amendment isn't that important to you as it is to me.

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My guess is pulling cell records is common practice already anyway.

 

Can't without a warrant. When Columbus enacted their ban, the police chief said it will only be feasible to enforce when it is suspected in an accident. No judge is gonna grant a warrant merely for a ticket.

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You are missing the point. They can persuade you into letting them look. Same exact thing for searching your car. "If I happened to search your car I wouldn't find anything illegal in there would I sir?" Most people will not want to hassle a LEO and let them search. Just because it isn't technically illegal you shouldn't abuse your power and status. I guess the 4th amendment isn't that important to you as it is to me.

 

You don't have to let anyone search your car or your phone. Them asking to look through your car or phone is with in thier right. Telling them "no" or "get a warrant" is with in your right. Lets not forget the fact that a lot of people ride around with stuff in thier car that greatly affects all of our safety. Guns and god only knows what else people come up with. Now please don't get me wrong, I love all of my guns and I'm not about to give them up, but I also don't ride around with them because A) its not legal and B) I might use them.

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