Originally Posted by Republic
Since the dawn of man, guys have been distracted by pretty girls walking down the street. What happens when a turn of the head to check out her shorts equals plowing into oncoming traffic in the next lane? How is this distraction enforced?
|
Just because all distractions can't be enforced or avoided, doesn't mean we should allow them all. And what you call checking out pretty girls, I call being aware of pedestrians. If a pretty girl on the side of the road really distracts you enough you plow into oncoming traffic, you need help my friend.
Originally Posted by Republic
By whose determination is the element of infringement decided? And, are you willing to apply the same criteria to every aspect of life? At what point does the right to "life, liberty, and the pursuit of happiness" begin? Where does it end?
As it can be legitimately claimed that adjusting the volume on your car radio can be as much of a distraction as texting while driving (I mean, an accident can occur at any split second of driving time), how would such legislation be enforced?
|
Really? I don't even notice when I adjust the volume on the radio, hitting those little buttons on the phone on the other hand...
Originally Posted by Republic
I'd like for you to lay out the complete picture on this new set of rules and legislation you seem to support. Help me understand how these things are determined, enforced, and penalized.
It appears you are taking the position there are no existing laws to protect people on the road. That simply isn't the case.
|
Pretty simple, cop sees you texting, you get a $200 fine.. not that tough to determine when people are texting. As for existing laws, I do agree with you... it would be great if the cop could see them texting, charge them with distracted driving (which in many states is in
theory a ticket-able offense) but sadly, we have a legal system, not a justice system and vague laws like that can't be enforced inside our current system.
Montana used to have no speed limits... instead they had what was called the Reasonable and Prudent law. In other words the only limit was what was safe. And trust me, some days in Montana, 30 miles an hour on a near empty freeway is not safe.
But instead we have speed limits, and it is near impossible to prosecute someone for reckless driving, no matter what the driving conditions are like if they are traveling at the speed limit. Sadly this is the system we live in. I'm all for reform, but until that happens, we have to deal with the system as it works currently, and as it works currently, generic distracted driving laws don't do the job.
Originally Posted by Republic
To exactly what extent are you willing to give up your personal liberty?
|
Really? Not being able to text while driving is taking away your liberty?
I can't walk down the street naked... Oh noes! My liberty! I also can't walk into a bank wearing a ski-mask and packing a hunting rifle to deposit my paycheck. Help, help I'm being oppressed! (Note: no one will
ever die from my performing these actions, well, except maybe me when the bank guard shoots me)
In reality, you're misusing the word Liberty here, so lets have a look at what it actually means. From Websters:
1 : the quality or state of being free (vague to the point of useless... what is free?)
a : the power to do as one pleases (clearly not relevant in this case, I think its safe to say we all agree that I should not be allowed to murder, no matter how much it pleases me)
b : freedom from physical restraint (well these laws certainly wouldn't strap you to a table)
c : freedom from arbitrary or despotic control (ah! here's a usefully one! Well the law certainly wouldn't be arbitrary. Cell phones+driving=dangerous there is plenty of proof of that, neither does it create a despot)
d : the positive enjoyment of various social, political, or economic rights and privileges (ok, another useful one.. does it affect your social rights? Nah, you can always pull over... Political/Economic? clearly not)
e : the power of choice (You can still choose to drive while texting... but then we'll choose to charge you for it, the choice is still there. Choice ~= choice without consequence)
2 a : a right or immunity enjoyed by prescription or by grant : privilege (I like this one too, liberty is granted. I happily grant you the liberty to chat on the phone. I don't grant you the liberty to risk my life while you do so)
b : permission especially to go freely within
specified limits (Note: Limits)
(Beyond this point, not relevant to the discussion, but included for completeness sake)
3 : an action going beyond normal limits: as
a : a breach of etiquette or propriety : familiarity
b : risk, chance <took foolish liberties with his health>
c : a violation of rules or a deviation from standard practice
d : a distortion of fact
4 : a short authorized absence from naval duty usually for less than 48 hours