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Thread: Biker vs. Driver Texting

  1. #1
    Join Date
    Jul 2008
    Location
    North Carolina
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    642

    Default Biker vs. Driver Texting

    Crazy approach trying to solve texting addiction while driving.

    https://www.youtube.com/watch?v=2Ps8_xhFIq4
    William Edwards, AMCA #10035

    Attend the 2019 Southern National Meet at Denton Farmpark, NC, 17-18 May 2019
    http://www.amcasouthernnationalmeet.com/

  2. #2

    Default

    Kids: don't try this at home.

    When the government actually wants to do something about this, it's easily done.
    But they don't, they get too many "favors" from telecom and social media.

  3. #3
    Join Date
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    Sarasota, Florida
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    4,180

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    I agree, kitabel. Even cell phone driving is drunk driving in my opinion.
    Eric Smith
    AMCA #886

  4. #4
    Join Date
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    North Carolina
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    Good points kitabel and Eric! I've had more close calls from texters drifting lanes than I care to remember.
    William Edwards, AMCA #10035

    Attend the 2019 Southern National Meet at Denton Farmpark, NC, 17-18 May 2019
    http://www.amcasouthernnationalmeet.com/

  5. #5
    Join Date
    Feb 2016
    Posts
    480

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    The laws are all over the scale, when it should be mandatory in every state!

    https://www.iihs.org/iihs/topics/law...ndheldcellbans
    https://www.google.com/url?sa=t&rct=...y81P1XzFvAVFsb

    *M.A.D.*

  6. #6
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    1 mile east of the Rocky Mountains.
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  7. #7

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    To me the first step is obvious: if a cop already has probable cause to stop the driver (speeding, weaving, phone is visible):
    1. He has the right to ask her if she has a phone (AFAIK right now, they need not answer). Lying is a points violation and fine.
    2. Ask for the phone. Refusal is same as refusal to take DUI test: instant license suspension.
    3. Check the phone for last message.
    3. If the time lines up with observed period (last 10 minutes?) she's guilty of distraction.
    4. Regardless of Miranda, if she "explains" ("it was an emergency", "my phone rang") this is a voluntary admissible proof of guilt.
    Now the tough one that may already be considered in State legislatures. New statutes:
    VTL: speaking, listening, texting (any live phone call, with or without hands-free, speaker) is a moving violation, 3 points + $500 fine. Higher penalties for repeats, of course. Reporting a crime in progress, "my car is on fire", "I'm inside the kidnapper's trunk" etc. are all affirmative defenses: you can submit proof and the jury will decide if it abates the violation.
    Civil law: Phone use with the vehicle in motion, regardless of purpose, shall constituted XX% contributory negligence on the part of the driver. This means that any award the driver may get from a jury is reduced by the specified degree of culpability. You get rear-end and the award is $1,000 but the contribution is 25%: you only get $750. The percentage can vary as the legislation is developed, also with personal injury different from property damage, etc.

    Not perfect, but you have to start somewhere.

  8. #8
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    I like your thought process kitabel. Common sense is certainly a thing of the past.
    William Edwards, AMCA #10035

    Attend the 2019 Southern National Meet at Denton Farmpark, NC, 17-18 May 2019
    http://www.amcasouthernnationalmeet.com/

  9. #9
    Join Date
    Nov 2018
    Location
    Reno NV
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    Tar and feathering is a good deterrent.

  10. #10
    Join Date
    Aug 2013
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    1 mile east of the Rocky Mountains.
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    Quote Originally Posted by aumick10 View Post
    Tar and feathering is a good deterrent.
    that biker got that texting gal's attention; i wonder how soon she'll text and drive after having her phone grabbed from her in such an unforgettable manner..... but, not a solution, only a single case example of vigilante justice.

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