Lawyer Gal's Blog

A Young Lawyer's Perspective

Finally, a law that does not apply to me! Texting while driving (really folks?)

I don’t text…let me just get that out there.  It’s really annoying that I have to tell everyone I meet not to text me because I’ll never get it.  Texting is just not my thing, and I have no intentions of starting anytime soon.

While I am pleased to chalk up a law that doesn’t apply to me, it makes me realize how lame law-making has become.  Lawmakers are at the point of micro-managing citizens with laws that frankly cannot be enforced.  Moreover, the idea of promulgating a law that is utterly OBVIOUS seems like a waste of resources.  Yet, counties continue to push these anti-texting-while-driving agendas.

Lawmakers biggest rationale for these laws is deterring drivers from engaging in dangerous behavior.  Gee, whodathunkit? Texting is dangerous?  So are about 15 other activities that I could rattle off, and I’m sure you could add a few to the list.  How about enforcing an anti-make-up-while-driving agenda.  If you are found with mascara, then you are fined.  At least with mascara, you can only do one thing.

But a phone has so many features that the law doesn’t cover – like answering.  I assume everyone presses a button when answering – isn’t this basically like a mini text?  How will an officer know if someone is actually texting, or just answering?  And confiscating the phone would lead to a whole can of 4th amendment worms.

Call me an obsessive libertarian, but my theory is based on assumption of risk.  When I hit the roads, I assume people will sometimes participate in reckless activities such as texting.  Knowing this makes me a defensive driver.  Even though it would be unfortunate for my parents and student loans companies if I got killed by a texter, well, hey, it’s no different from a burger-popping trucker or a make-up maven.

Therefore, I advise all people to drive a big truck. The gas is kind of pain, but my truck is a helluva lot more painful than a little mini coup driven by an iphone obsessive person.

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June 28, 2010 Posted by | Your legal rights | 3 Comments