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Article #9466

Re: Should Md. Ban Cell phones in cars?

#9466
From: Marc
Date: Sat, 08 Feb 2003 20:07
51 lines
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James Knott <bit_bucket@rogers.com> wrote:
>Marc wrote:
>
>>>Such laws may have different names, but the intent is the same.  It
>>>requires
>>>motorists to concentrate on the traffic and not something else.  If the
>>>laws were required to specify each possible distraction, it would make for
>>>some very long lists.
>> 
>> I'm stating that there is no such law as you imply.  There is nothing in
>> TX
>> that requires that drivers concentrate on traffic.  There are no laws with
>> the "intent" to prevent inattentive driving.
>> 
>So, should someone involved in such a distracting activity, cause a 
>collision, would they be charged?  And if so, what would the charge be?

Possibly.  Speeding.  Since they didn't stop, they were going too fast.  I
got charged with speeding when I caused a crash through incompetence.  Of
course I just showed up in court and stated that I was traveling below the
limit and there is no evidence my speed was unsafe, and the ticket was
dismissed.  It wasn't a reasonable charge, but they did it anyway.  There
was nothing that was applicable for an inattentive or incompetent driver to
be charged with.

>Incidentally, are you so familiar with the traffic laws, that you can state 
>with absolute certainty, that there is no such law?  Nothing about 
>negligence etc.?

In a post you replied to, I stated, "There are laws
against driving unsafely, and one may argue that inattentive is unsafe, but
there is nothing I know of making it per se illegal to drive while asleep,
drive with your knee with an electric razor in one hand and breakfast in
the other, or drive while reading the morning paper."  So you are
apparently stating that I'm wrong, then agreeing with my statements you've
read previously, but presenting them as if they are new and your own ideas.

There have been *numerous* old people that have fallen asleep or become
confused and killed people.  They were not charged.  Incompetence is not
illegal.  If it were, they would be charged.

I can't prove there isn't a law against it.  You can prove that there is a
law against it.  Just provide the law that would be applicable.  I';ll even
give you the link to the applicable section of law:
http://www.capitol.state.tx.us/statutes/tr/tr0054500.html

Under those laws, what do you think a driver that doesn't crash but is not
paying attention could be charged with?  How about if they do crash?

Marc
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From: Marc <whineryy@yifan.net>
Newsgroups: misc.consumers,rec.autos.driving,alt.cellular,md.general,alt.law-enforcement.traffic,dc.driving
Subject: Re: Should Md. Ban Cell phones in cars?
Date: Sat, 08 Feb 2003 11:07:07 -0900
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