Quote:
Originally Posted by Seaplane Pilot
Simple: Enforce laws that are already on the books.
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Here's the problem with that. I'll use my state's law for example. There is no sending or receiving any kind of text message while driving. Everything else is legal to do with a phone while driving. Under 18 is different but let's assume this for 18 and older right now. Here is the statute language:
http://www.ncleg.net/EnactedLegislat...20-137.4A.html
Here's the scenario: I spot somebody playing with their phone while we're going down the road side by side or something. It appears they are typing something. I stop that driver and ask what they were doing with the phone. And they reply with anything other than an admission to have been texting. They could say I wasn't texting but I was using the calculator, choosing music, or looking for a phone number. Then I ask to check the phone for any texts within the time I saw the violation. The driver says no, you can't see it, and I never get to search the phone. I'm sure they were texting, so I issue a citation without being able to search the phone and they can explain it to the court they weren't texting.
Months later the case shows up in court. They are pleading not responsible to the charge of texting while driving. I am put on the stand to testify as to what I saw. The only thing I can honestly say is the defendant had their phone in their hand and appeared to be typing something. The attorney argues to the judge that their client was doing some other activity besides texting. The defendant says they weren't texting and I can't say exactly what they were doing with the phone. Verdict: NOT RESPONSIBLE (guilty is for misdemeanors and felonies) This scenario describes an infraction.
Now what?