txting and driving

[John]

Bill bans texting while driving

House proposal calls for $250 fine, plus suspension of license for a crash

Wednesday, August 5, 2009 3:14 AM

By Jim Siegel

THE COLUMBUS DISPATCH

As some Democratic U.S. senators push for a federal ban on text messaging while driving -- with financial consequences for states that don't go along -- a proposal to make Ohio the 17th state to ban the practice was introduced in the Ohio House yesterday.

The measure, sponsored by Rep. Michael DeBose, D-Cleveland, would make texting a secondary offense, meaning a person must first be pulled over for something else, like speeding. The fine would be $250 and would include an automatic license suspension if the driver was involved in a traffic crash.

House Bill 261 would exempt law enforcement and operators of emergency vehicles.

An estimated 1 trillion text messages were sent in the U.S. in 2008, meaning those messages now outpace the number of cellular-phone calls. A growing number of studies and experts are pointing out that trying to type while keeping hold of the wheel and two eyes on the road is both distracting and potentially deadly.

Rep. Robert F. Hagan, a Youngstown Democrat and chairman of the House Transportation and Infrastructure Committee, said a ban on texting while driving sounds like a "reasonable prohibition."

"I think it's ridiculous to even try to text while driving," he said.

Hagan, a locomotive engineer, said the federal Railroad Administration has prohibited texting and cell-phone use while a train is in motion on a main line. The measure came after a train driver was texting just before a 2008 train crash in California killed 25 people. "They're very strict about it. If we're caught texting or using our cell phone, we could be fired immediately."

State Sen. Tomas F. Patton, a Strongsville Republican who heads the Senate Highways and Transportation Committee, said he recently got a new touch-screen phone and found that simply using it takes his attention away from the road.

"We're the party that tries not to take away civil liberties, though there comes a time when common sense prevails," he said. "Common sense would tell you not to text while you're driving."

DeBose has introduced a companion bill that would ban talking on a cell phone while driving, but similar proposals have never gained traction in recent years.

Lt. Tony Bradshaw of the State Highway Patrol said while the agency hasn't had time to look at the new proposal, "We've supported any efforts for more safety on our roads."

A recent study by the Virginia Tech Transportation Institute found that truck drivers who texted were 23 times more at risk of a crash than an average, undistracted driver.

In Ohio, Cleveland has already banned texting while driving and other communities, including Bexley, are considering it.

In Washington, four Democratic senators have proposed a nationwide ban on sending text or e-mail messages while driving. States that do not enact the ban within two years of the bill's passage would lose 25 percent of their highway funds.

And yesterday, Transportation Secretary Ray LaHood said he will convene a summit of experts to figure out what to do about the potentially deadly driver activities of cell-phone use and texting.

LaHood said he intends to gather senior transportation officials, safety advocates, law-enforcement representatives, members of Congress and academics who study distracted driving for the summit next month.

"The public is sick and tired of people being distracted and causing accidents," LaHood told a news conference.

He gets agreement from the CTIA, the international association for the wireless telecommunications industry. "We believe that texting while driving is incompatible with safe driving and support state and local statutes that ban this activity," the group said in a written statement.

Information from the Associated Press was included in this story.

jsiegel@dispatch.com

i think its a good start, but it needs work. for one, i dont think they should let cops or ambulance drivers do it. NO ONE should be able to do it. its basically like driving blind, and i doubt a cop can drive blind any better than anyone else.

second, if studies show that texting and driving is as bad, or even worse, than drunk driving, then the penalties should be the same.

DISCUSS

[Zoner1320]

I agree bring back capitol punishment. I wanna see public hangings and people being torn in half by horses

[ReconRat]

I agree bring back capitol punishment. I wanna see public hangings and people being torn in half by horses

As gross as that sounds, you only have to do about one a year in a large community. And suddenly everyone starts behaving...

[John]

[ReconRat]

Ok, yeah, the texting is bad. The phones aren't far behind. Any Friday downtown after work can show the extreme. 90+% of everyone is on a phone or texting, on local streets, up the ramp, and on the freeway. If texting is 23 times more likely to cause an accident, then the inverse, 95.65% of accidents might eventually be from texting distractions. If everyone was texting all the time, that is what we would have to look forward to.

I'm sorry, but most people can't walk, talk, and chew gum at the same time. And they shouldn't be trying...

my opinion: it should become standard practice to search and seize all communication devices at a serious accident. All devices should then be checked to see if they were in use at the time of the accident. Penalties should not be strictly secondary offenses. Penalties should be equal to the damage done. In other words, killing some one by neglect, should be considered murder.

edit: Yes, I've actually stood on the side of the road and counted the drivers on phones or texting, as they pass by....

edit2: don't ever walk across a street, in a crosswalk, in front of a car that the driver is on the phone... really risky. Late on hitting the brakes is real common.

Edited August 8, 2009 by ReconRat
details

[SWing'R]

...Penalties should not be strictly secondary offenses. Penalties should be equal to the damage done. In other words, killing some one by neglect, should be considered murder.

Its easy to say and think that now, until it happens to you or someone you know. I mean until you or a friend or family member kills someone by accident from a simple distraction, can't call that murder, its simply an accident. However, if the accident was caused by a distraction that could have been avoided (ie. texting, talking on phone) then the penalty should be more severe but still can't really call it murder. Murder rap requires "intent". No one driving while texting or talking had the "intention" of purposely killing anyone.

[dmagicglock]

I hate when women put mascara on while driving, or any makeup for that matter... I drive around all day for my job and I see a lot of stupid things like makeup, eating soup, shaving with an electric razor... i mean come people, stick to texting while driving.

[Dubguy85]

Its easy to say and think that now' date=' until it happens to you or someone you know. I mean until you or a friend or family member kills someone by accident from a simple distraction, can't call that murder, its simply an accident. However, if the accident was caused by a distraction that could have been avoided (ie. texting, talking on phone) then the penalty should be more severe but still can't really call it murder. Murder rap requires "intent". No one driving while texting or talking had the "intention" of purposely killing anyone.[/quote']

Agreed.... What if you were changing cd's or messing with the climate control, or eating a sammich....All the same..... If that killed someoene, you wouldn't wanna be charged for murder...

[John]

I hate when women put mascara on while driving, or any makeup for that matter... I drive around all day for my job and I see a lot of stupid things like makeup, eating soup, shaving with an electric razor... i mean come people, stick to texting while driving.

whenever i see a woman doing that, i give em a good blast on the horn. then she gets startled and smears lipstick all over her face and i lol all the way home.

[dmagicglock]

whenever i see a woman doing that, i give em a good blast on the horn. then she gets startled and smears lipstick all over her face and i lol all the way home.

I will have to remember that!

[ReconRat]

Its easy to say and think that now' date=' until it happens to you or someone you know. I mean until you or a friend or family member kills someone by accident from a simple distraction, can't call that murder, its simply an accident. However, if the accident was caused by a distraction that could have been avoided (ie. texting, talking on phone) then the penalty should be more severe but still can't really call it murder. Murder rap requires "intent". No one driving while texting or talking had the "intention" of purposely killing anyone.[/quote']

Nope, sorry, it's still murder. Although I should have said 3rd degree murder, also known as negligent homicide. It's not an "accident".

Third degree murder is often referred to as involuntary manslaughter. Involuntary manslaughter is murder that was not intended specifically by the defendant. Criminal negligence is often the precursor to involuntary manslaughter. Reckless use of a motor vehicle, firearms, explosives, animals, medicine, and the like that results in the death of a person falls under this category of murder. Some states also consider it murder to cause or aid another's suicide, or to supply drugs which result in death.

[ReconRat]

I'd like to point out that as much as the world is attached to motor vehicles, those motor vehicles are deadly weapons. Which would you rather be hit by, a 9mm or a Mack truck? Choose wisely...

[dmagicglock]

what about....

vehicular manslaughter n. the crime of causing the death of a human being due to illegal driving of an automobile, including gross negligence, drunk driving, reckless driving, or speeding. Vehicular manslaughter can be charged as a misdemeanor (minor crime with a maximum punishment of a year in county jail or only a fine) or a felony (punishable by a term in state prison) depending on the circumstances. Gross negligence or driving a few miles over the speed limit might be charged as a misdemeanor, but drunk driving resulting in a fatality is most likely treated as a felony. Death of a passenger, including a loved one or friend, can be vehicular manslaughter if due to illegal driving.

[thegame]

f that. ill text whenever i feel like it. im a pro

[John]

im a pro at drunk driving.

[ReconRat]

what about....

vehicular manslaughter n. the crime of causing the death of a human being due to illegal driving of an automobile, including gross negligence, drunk driving, reckless driving, or speeding. Vehicular manslaughter can be charged as a misdemeanor (minor crime with a maximum punishment of a year in county jail or only a fine) or a felony (punishable by a term in state prison) depending on the circumstances. Gross negligence or driving a few miles over the speed limit might be charged as a misdemeanor, but drunk driving resulting in a fatality is most likely treated as a felony. Death of a passenger, including a loved one or friend, can be vehicular manslaughter if due to illegal driving.

Yes. One of the problems is that it is very difficult to decide what sort of offense it is, and various jurisdictions have different interpretations. In some places, it might be nothing. In Japan, you would be in jail for a very very long time. Even for an injury, not just a death.

[enenen]

That's way too much to read on my blackberry while i'm driving.

[OsuMj]

whenever i see a woman doing that, i give em a good blast on the horn. then she gets startled and smears lipstick all over her face and i lol all the way home.

To be honest, I kind of think its our responsibility to kind of shame people into not doing stuff like that. I gave a stare down to someone clipping coupons while driving once. She realized it, put the coupons down, and drove. Maybe everyone needs to be a little more 'vocal' (or use your horn) when you see people doing stupid stuff. The person driving all over the road while using the cell phone would probably get tired of hearing 55 horns in the background every day.

f that. ill text whenever i feel like it. im a pro

lol, me too. don't even need to look at the screen anymore. still probably shouldn't do it while driving... :-/

[EagleCock]

That's way too much to read on my blackberry while i'm driving.

+1

[MeefZah]

I'd say the reason cops / FF / EMS are exempt is because they have to operate the MDT (computer) which is the equivalent of "texting", I guess. FF/ EMS shoud have a partner to do that allowing the driver to just drive, but most cops work alone and won't have that luxury.

[jporter12]

For the record, motor vehicle collisions are NOT accidents. The act of driving into the path of another vehile is an accident, but not remedying the stuation in time is when a COLLISION occurs.

[hue jass]

It's a shame that people have to be forced to do the right thing.

[swingset]

I'd say the reason cops / FF / EMS are exempt is because they have to operate the MDT (computer) which is the equivalent of "texting", I guess. FF/ EMS shoud have a partner to do that allowing the driver to just drive, but most cops work alone and won't have that luxury.

My objection to the exemption is philosophical, I suppose. Either texting is dangerous enough to be outlawed, or it isn't. If LE can do it, or EMS, then the citizenry should be able to handle it too.

I do understand that communications while on duty are more important than Kristy's BFF list updates, but the distraction is either real or it isn't.

I abhor knee-jerk legislation. Anything that bans the symptom of a problem in hopes of curing it is just god-awful nanny-statism.

Focus all the scrutiny at phones, and people fail to address the actual problem - dipshits. Dipshits will find anything to distract them, passengers, babies, mirrors, hot chick on the side of the road, stereos, their dick in their hands, etc.

I am all for laws banning dipshits, and the further creation of them.

[ChickOn2]

I hate when women put mascara on while driving, or any makeup for that matter... I drive around all day for my job and I see a lot of stupid things like makeup, eating soup, shaving with an electric razor... i mean come people, stick to texting while driving.

I abhor knee-jerk legislation. Anything that bans the symptom of a problem in hopes of curing it is just god-awful nanny-statism.

Focus all the scrutiny at phones, and people fail to address the actual problem - dipshits. Dipshits will find anything to distract them, passengers, babies, mirrors , hot chick on the side of the road, stereos, their dick in their hands, etc.

I have to agree. Texting in itself isn't making people get in accidents. It's any and all distractions, period. The last time I got rear-ended it was because the kid was fiddling with his radio in stop-and-go traffic. I stopped, but he go'd. So what, outlaw car radios? Negligent is negligent, regardless of the cause. We already have a law that addresses negligent driving so just let the law do it's job.

And what happens when the next level of technology comes out that is equally distracting but does not fit the definition of "texting."? Then we have the same problem all over again and have to re-legislate.

[Disclaimer]

Pistol whippings = Problem solvers.