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Texting ban is illogical

Adam Brown

Issue date: 4/20/09 Section: Opinion
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On April 1, the Illinois House of Representatives approved a law that would ban people from sending or reading text messages while driving. The House approved the ban 89-27, and now the bill is in the Senate.

HB 71 (b) reads, "A person may not operate a motor vehicle on a roadway while using an electronic communication device to compose, send or read an electronic message." The penalties for violating this law are ticket citations, and after a third violation one could lose his or her license.

The long list of electronic communication devices banned while driving includes wireless telephones, personal digital assistants and portable or mobile computers. I'm not too upset about this ban, but I do have a few problems with it.

First, how will it be enforced? If officers see someone randomly looking up and down will they be pulled over and questioned if they are sending a message? If one looks to check the time on their phone will they be cited? Will the police need probable cause or a search warrant to search your phone or electronic device?

It also seems like it would be extremely hard to prove that one was sending a message. If someone is pulled over, it would be very easy to delete text messages. I know it's their word against yours and they usually have the last say, but officers cannot see everything. Like with a majority of tickets, even if people were innocent they would pay the fine because it is cheaper than hiring a lawyer to fight the legal battle. I think the state is counting on this.

There are many other dangerous activities that should be considered a distraction and should possibly be made illegal while operating a vehicle.

Somehow law enforcement and emergency personnel will be justified in using these devices while driving. I agree if it's a real emergency it should be justified, but many times I have seen police driving down the interstate or road fixated on their in-car police computers, music radios or hand-held radios oblivious to their surroundings while not responding to an emergency. Would they not be just as likely to wreck as the next human?

Harmful distractions come in many forms. Should we ban children from riding in cars too? They are just as much a distraction as anything else.

What about reading, operating the radio, CD player, heater, air conditioner, adjusting the seat, conversing with passengers, eating, drinking, smoking, grooming (applying makeup or shaving), having pets in vehicles or retrieving dropped items while driving? Aren't these just as dangerous as texting?

It seems like more finable laws and confusion will be added in the form of these citations until the state gets its financial troubles under control. Instead of hypocritical and ridiculous laws with instances that are extremely hard to prove, why not address Illinois' real problems? For more information about this bill, visit www.ilga.gov.
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Viewing Comments 1 - 3 of 4

T.J.

posted 4/20/09 @ 11:05 PM CST

It would be tough for cops to enforce this law and give out citations. It's not like a car is all glass, easy for cops to see through. Unless officers have x-ray vision, they cant easy tell if a driver is sending/reading texts or if the driver is just simply looking down and reaching out for coffee or food to snack on. (Continued…)

Candice Bergen

posted 4/21/09 @ 2:49 AM CST

It's just a law to give a cops another excuse to hassle minorities.

(1 reply)   Details   Reply to this comment

AJD

posted 4/21/09 @ 11:50 PM CST

While I agree that this may be difficult in some ways to enforce, there have been many times when I've been driving or walking and seen someone in a car that was obviously texting. (Continued…)

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