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Old 10-14-2008, 12:05 PM   #1 (permalink)
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California Text Messaging Ban | Senate Bill 28

23123.5. (a) A person shall not drive a motor vehicle while using an
electronic wireless communications device to write, send, or read a
text-based communication.
(b) As used in this section “write, send, or read a text-based
communication” means using an electronic wireless communications device
to manually communicate with any person using a text-based
communication, including, but not limited to, communications referred to
as a text message, instant message, or electronic mail.
(c) For purposes of this section, a person shall not be deemed to be
writing, reading, or sending a text-based communication if the person reads,
selects, or enters a telephone number or name in an electronic wireless
communications device for the purpose of making or receiving a telephone
call.
(d) A violation of this section is an infraction punishable by a base fine
of twenty dollars ($20) for a first offense and fifty dollars ($50) for each
subsequent offense.
(e) This section does not apply to an emergency services professional
using an electronic wireless communications device while operating an
authorized emergency vehicle, as defined in Section 165, in the course and
scope of his or her duties.
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Old 10-14-2008, 12:07 PM   #2 (permalink)
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Well at least the fines are reasonable...
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Old 10-14-2008, 01:14 PM   #3 (permalink)
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Sorry, but what makes this specifically anti- BlackBerry?

It sounds more like pro-safety to me...
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Old 10-14-2008, 01:22 PM   #4 (permalink)
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That's not anti-BlackBerry. I have one, and I would get far, far away from drivers who are drunk, texting, or doing anything that distracts them.
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Old 10-14-2008, 01:26 PM   #5 (permalink)
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sounds good to me, wish my state would do the same.
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Old 10-14-2008, 01:41 PM   #6 (permalink)
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Much needed!! Raise the fines though.
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Old 10-14-2008, 02:16 PM   #7 (permalink)
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That $20.00 fine is before court and administrative costs, the $20.00 fine will be in the neighborhood of $65.00 to $85.00, the $50.00 fine will be much more and subsiquent court costs will rise dramaticaly, I guess the moral is dont be stupid and text while driving, not only is it stupid but it's too expensive.
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Old 10-14-2008, 02:21 PM   #8 (permalink)
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They need to stop making new laws and enforce the ones we have. California already has a catch-all category for ANYTHING the police office thinks you are doing that is unsafe.
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Old 10-14-2008, 02:28 PM   #9 (permalink)
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I expect this to reach all of the states. I am expecting we will be doing more auditory e-mailing at some pt.
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Old 10-14-2008, 03:25 PM   #10 (permalink)
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They can barely enforce the hands free law. What makes them think they can enforce this one too?
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Old 10-14-2008, 03:35 PM   #11 (permalink)
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Quote:
Originally Posted by TroyDBrown View Post
They need to stop making new laws and enforce the ones we have. California already has a catch-all category for ANYTHING the police office thinks you are doing that is unsafe.
Does that include chewing gum and walking simultaneously??
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Old 10-14-2008, 03:43 PM   #12 (permalink)
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I have been a witness in traffic court in Virginia and I can tell you that, at least here, the traffic safety officer has a tremendous amount of leeway in judging just how distracted and unsafe a driver is. I have seen people convicted for less than sending or reading text. For example, driving with their knees while talking on the phone and having a snack. All it takes is willingness to enforce the law.
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Old 10-14-2008, 03:46 PM   #13 (permalink)
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Quote:
Originally Posted by guppy413 View Post
I have been a witness in traffic court in Virginia and I can tell you that, at least here, the traffic safety officer has a tremendous amount of leeway in judging just how distracted and unsafe a driver is. I have seen people convicted for less than sending or reading text. For example, driving with their knees while talking on the phone and having a snack. All it takes is willingness to enforce the law.
That's less distracting than reading a text?? Link to the research, please.
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Old 10-14-2008, 03:48 PM   #14 (permalink)
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one of my favorite things to do is sit in traffic court here in Virginia Beach and listen to peoples excuses and their stupidity
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Old 10-14-2008, 03:55 PM   #15 (permalink)
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We have something similar here in Phoenix and I see people all the time texting and driving, I am not sure if anyone has been caught with this yet. The funny thing is it is mostly people around my age that I see (42) not the teenage kids they were going after with the law.
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Old 10-14-2008, 04:23 PM   #16 (permalink)
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Can a person be pulled over for this? Or is it something that they get hit for once they are already pulled over?
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Old 10-14-2008, 05:06 PM   #17 (permalink)
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I applaud the spirit of this law, but I think the disclaimers will make it hard to enforce. How would a cop be able to make a distiction ona case by case basis as to whether the driver was doimg legal vs. illegal activity with their PDA?
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Old 10-14-2008, 06:10 PM   #18 (permalink)
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Buried for inacurate title. Oh wait, wrong site, this isn't Digg.
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Old 10-14-2008, 06:15 PM   #19 (permalink)
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Quote:
Originally Posted by bc7 View Post
Can a person be pulled over for this? Or is it something that they get hit for once they are already pulled over?
NJ just changed their cell phone law to make it a primary violation. You used to have to be stopped for something else first. I have mixed feelings on this law. While texting is completely reckless while driving, talking of the phone is just as distracting as smoking, eating, fiddling with the kids in the back seat or a myriad of other acts besides driving that most people do everyday. I think its a bit of a feel good law. The kind that really doesn't do anything, but makes politicians feel good for passing them.

Last edited by ArgonNJ : 10-14-2008 at 06:17 PM.
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Old 10-14-2008, 06:56 PM   #20 (permalink)
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It's a little sad they actually need to make a law for this...... Why can't people use common sense.. You are controlling a few tons of steel moving at about 55 mph.

Good luck with enforcing that though.
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