Social Question

SQUEEKY2's avatar

Fines are not working at keeping people from using their cell phones while driving, should the penalty be jail time if caught using a cell phone while driving?

Asked by SQUEEKY2 (23118points) August 7th, 2015

Would that finally get the message across to these people that using a cell phone is not only endangering their lives, but all the motorists around these people?
What is it going to take to get these people to stop texting, or talking, and start driving?
Is jail time the answer?
Maybe confiscation of the phone, and a ban on owning one for a set amount of time?
Why can’t people wait until they are done driving to make or receive a cell phone call or text?

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121 Answers

Dutchess_III's avatar

the only answer to your last question is they are stupid.

Dutchess_III's avatar

On another Q & A site, I asked a version of this question. It was “How can people not feel how distracted they are when they talk or text on the phone?”
Someone answered, “I don’t feel distracted.”
Another person said, “Well, maybe you don’t pay enough attention to your driving to begin with.”

SQUEEKY2's avatar

Yesterday Mrs Squeeky was about five cars back from an accident, she saw this young women rearend a camper truck, she told me she could see this woman never let go of her cell phone and got out, to talk to to the person and was still texting,really??
A good friend of mines son inlaw is with the D.O.T he came up behind another person at a stop light and could see the person texting away, he beeped the horn and waved his finger at her she screamed back ,she was stopped PIG, he shrugged threw on the lights pulled her over and gave her a $168 fine she was screaming he couldn’t do that because he was dot and not a cop, he informed her he was a peace officer and yes he could.

Darth_Algar's avatar

Great idea. Our jails, courts and taxpayers aren’t overburdened enough as it is.

SQUEEKY2's avatar

Ok @Darth_Algar then what would you do to get these people to stop?
Maybe just confiscation and a ban on owning a cell phone?

cazzie's avatar

I think it should double what ever punishment they get for causing the accident or hurting someone. If I was an insurance adjuster and found out that the person was on the phone when they caused the accident, I’d find some way of not paying. That will hurt them.

SQUEEKY2's avatar

I am a gun owner and have had to take safety courses and criminal checks and have to keep permits up to date to keep and use my my guns.
Maybe people have to start doing something like that just to own and operate a cell phone safely?

Darth_Algar's avatar

@SQUEEKY2

How are you going to ban someone from owning a cell phone?

SQUEEKY2's avatar

Pretty simple the cops could give the persons name to all the cell carriers and say not to sell or cover this person for a set amount of time.
Of course people would get around this by putting it another persons name, but if caught while under the ban then it would be JAIL time.

jca's avatar

@SQUEEKY2: This question and other questions you’ve asked seem to indicate that you spend an inordinate amount of time thinking about negativity and punishments. Do you have anxiety?

jca's avatar

We’re letting people out of jail for drug infractions now but are going to start incarcerating them for phones?

Darth_Algar's avatar

@SQUEEKY2

Ok. Now how are the cell phone carriers to distinguish one John Brown from another?

SQUEEKY2's avatar

YUP I don’t want to die at the hands of a distracted driver that just had to make a call or text while driving, and don’t want this person killing themselves on my truck for the same reason.

We have to take safety courses on firearm safety if we want to use and keep a gun,maybe mandatory safety courses on cell phone use?

elbanditoroso's avatar

No city, state, county, or anything else is going to be willing to pay for the hundreds of new jails (and people to staff them). Your idea, @SQUEEKY2 is going nowhere.

But we haven’t taken drunk driving seriously for 70 years. Why would you expect that we would, as a society, do anything about cell driving?

SQUEEKY2's avatar

@Darth_Algar gee then how do they figure out which John Brown to bill??
Maybe that would be the same way to tell the two apart.

Dutchess_III's avatar

I agree with @SQUEEKY2. For some people, too many, the only thing that stops them from doing stupid things is the possibility of real punishment. They don’t have the ability to figure out the consequences for themselves. They’re like a 4 year old who won’t run out in the street, not because it’s dangerous, but because Mom or Dad is going to beat his butt if he does.

It doesn’t have to be jail time. I’ve known a couple of folks who got DUI’s. The consequences were so serious (and did not include jail time) that it won’t happen again.

So what could we do short of jail time, at least for a first offense?

cazzie's avatar

They are meant to be taught how to use a car safely. Leave them their phones. Take away their drivers licenses. Easy Peazy. No fines. No jail. Just…. no more driving.

Darth_Algar's avatar

@SQUEEKY2 “gee then how do they figure out which John Brown to bill??”

Account numbers, that’s how. They have an account number because they already own a cell phone and account through the provider.

Honestly, I see a number of different issues with your prospect and I’m guessing you haven’t really thought any of them through.

SQUEEKY2's avatar

I like that @cazzie you just have to drive and use the cell phone, lets take driving out for awhile so you can attend to those calls, good idea.

Dutchess_III's avatar

Anything. They need to stiffen up the fines.

SQUEEKY2's avatar

OK @Darth_Algar you tell me then what is it going to take??
If I have thought of nothing,I like the idea of a mandatory safety course before you can own a cell phone.

DoNotKnow's avatar

It seems that we forget what people complained about prior to cell phone use. We could be having this same discussion 20 years ago – and many of us did. Playing with the car stereo, doing makeup, not paying attention, looking at maps/directions, etc. It was the same thing. It’s not the technology. Its a feature/bug of human concentration.

The good news is that most of us now are hands free (or getting there). You just talk to your phone.

But overall, if you want to deal with distracted drivers, you need to deal with distracted drivers. Singling out mobile phones is arbitrary. And criminalizing the population is absolutely not what we want to do. So, no to the prison thing.

jca's avatar

Fine in NYS for texting and driving is presently between $50 and $200, plus a hefty surcharge:

http://dmv.ny.gov/tickets/cell-phone-use-texting

The problem is, unless the texter is actually in an accident, it’s probably hard to catch them red handed, as people can put the phones low down where police and others can’t see them.

kritiper's avatar

Anyone with a cell phone needs to have an automatic disconnect installed in his/her vehicle. And new cars need them from the factory. Or they need to make all distracting electronic automotive devices illegal.

Dutchess_III's avatar

@kritiper I was thinking along those same lines. When ever a person upgrades to a new phone, the system automatically sends the new ESN to the car, and the car disables that phone.
A friend can let the driver use their phone, but with the understanding that if there is a wreck or a traffic violation because of phone use, the fines will be the same for both. And the fines should be major.

Darth_Algar's avatar

@SQUEEKY2

Perhaps we need a safety course before being allowed to purchase road maps or car stereos. As others have pointed out, it’s not a problem that’s exclusive to cell phones.

DoNotKnow's avatar

You do understand that phone users like myself are now able to be more attentive, right? I used to have to look down at maps all the time. Now, I look at the road and my phone tells me exactly where and when to turn.

Also, many people have a gut feeling that people are driving around, staring at their phones and just murdering people all over the place. Note that motor vehicle deaths have decreased fairly regularly in the U.S. – even after the invention of the smartphone.

You’re trying to come up with a solution to a problem that doesn’t exist. And in doing so, many people are likely to propose eliminating the very technology that is increasing focus and attention to the road.

SQUEEKY2's avatar

But it is the distracted drivers on their cell phones that are endangering us the most.
And it is not the gun that is responsible for all the shooting deaths either,but people sure like to point at the firearm as the problem.
And it is not just car drivers as this clip will show…
https://youtu.be/Gd0KQv57Rq0

cazzie's avatar

@DoNotKnow using your phone for gps is one thing. We are talking about texting while driving. very different things.

kritiper's avatar

Here in Idaho, when device use while driving was initially outlawed, the accident rate involving those devices was 23%. Since then, it has risen to 27%. So laws and fines aren’t working.

DoNotKnow's avatar

@cazzie: ”@DoNotKnow using your phone for gps is one thing. We are talking about texting while driving. very different things.”

Explain to me the difference. I can text and reply to text by just talking. I don’t need to look at a phone or anything. I just talk to my car. How is that different than talking to someone in the back seat.

Again, what you are describing has nothing to do with the technology. It’s all about peoples’ willingness to not give 100% of their attention to the activity of driving – something they have been doing since the car was invented.

Dutchess_III's avatar

@kritiper the current laws and fines aren’t working. We need stricter laws.

I need to look at the DUI stats. I know that in the 70’s and 80’s, cops would often look the other way if a person had been drinking. Since then, the laws have tightened up drastically. Without having checked yet, I’ll bet DUI’s have decreased drastically because of it.

SQUEEKY2's avatar

One thing you seem not to understand @DoNotKnow that in my semi up high I have a super view into peoples vehicles and when I notice a vehicle doing something stupid which is all the freaking time a quick glance and I can see that they are talking on the phone or texting.
Hands free is great but a lot of people and I mean a lot still don’t use it.

cazzie's avatar

@DoNotKnow People aren’t using hands free. That is what is the problem.

Darth_Algar's avatar

@SQUEEKY2

Why are you looking into people’s cars instead of keeping your eyes on the road ahead? Could it be that you’re so focused on criticizing other’s bad driving habits that you’re oblivious to your own?

SQUEEKY2's avatar

Tell me then those of you technology junkies why is it so important hands free or not to make or receive a damn text or call while driving, why can’t it wait until the drive is over?

DoNotKnow's avatar

@cazzie: ”@DoNotKnow People aren’t using hands free. That is what is the problem”

Then we’re likely in agreement. The problem is distracted drivers. Those who look away or look to their car stereo or look at a map or look in the mirror to see their kids fighting in the back or do their hair or eat a sandwich or drink/spill coffee or anything else they decide to do – and have always done. Distraction != the object of distraction.

SQUEEKY2's avatar

Oh I knew you could spin that one @Darth_Algar when a driver does something stupid around you don’t you keep an eye on what they are doing?
And notice I did say a quick glance? nice spin though you are good.

cazzie's avatar

@DoNotKnow yep. Did you see that question about the accident causing the death of a person because he had an unrestrained dog in the car? that shit pisses me off. and ‘my own habits’ include not driving at all… ever. I’m not allowed in this country to drive unless I come up with enough money to go through their own training system, regardless of the fact I have driving a car since I was 17 years old and had drivers licenses from two other countries. I don’t take driving for granted. I can’t.

Darth_Algar's avatar

@SQUEEKY2

I was being fairly facetious, however I have noticed that it seems like people who are the most critical of others driving pay no mind to their own habits.

Apparently_Im_The_Grumpy_One's avatar

Make it so the vehicle won’t start if your cell phone is on (unless your hand’s free device is activated).

DoNotKnow's avatar

@SQUEEKY2: “Tell me then those of you technology junkies why is it so important hands free or not to make or receive a damn text or call while driving, why can’t it wait until the drive is over?”

Wow. Well, let’s break this down. 90% of driving is probably unnecessary. We build towns that are based on using cars, and we use cars for entertainment. To even talk about necessity in the same conversation of the automobile is very odd. But let me try (with that huge caveat)...

It is safer. Period. I repeat, it is safer in the context of my life to say, “Ok Google, send text to [daughter’s name] . I’m on my way home.” then to pull over and back out onto the road where fighting to get onto the road is the real danger.

But again, this whole question is just a platform for your luddite lectures. I’m sorry I dove in.

Dutchess_III's avatar

Come on @Darth_Algar. You’ve seen people in other cars texting and talking, haven’t you?

@DoNotKnow There are some people who will avail themselves of communications technology that will make them less distracted. However they are in the vast minority. Most people think “It can’t happen to me.”
However, if you are concentrating on anything other than the road, you are distracted. When I’m the driver in a car that has enough people in it to have someone in the back seat, I participate only very minimality in conversations. Talking to someone next to you is distracting and talking to someone in the back seat is even MORE distracting, because you’re tempted to look in the RV mirror to gauge their reaction to what you’re saying. That is a human instinct.

SQUEEKY2's avatar

I can’t believe I am actually going to agree with you @DoNotKnow while I am ranting on the use of cell phones while driving,the problem isn’t the phone< see I agree it is the distracted driver.
Myself have been guilty when I first started trucking I reached for my water jug between the seats and it fell over just the second it took to look for it I almost hit the ditch, and that was a water jug,but you know what I learned from it and it never happened again unlike texting drivers who don’t learn.

SQUEEKY2's avatar

@Apparently_Im_The_Grumpy_One That is a great idea , hopefully it will come before countless lives are lost in this world of I gotta send that text.

Darth_Algar's avatar

@Dutchess_III

I generally don’t glance around to see what drivers in other cars are doing, as I’ve seen first hand (and more than once) what that quick glance can cause.

SQUEEKY2's avatar

That is scary @Darth_Algar you have to pay attention to what traffic is doing around you, how do you know when they all stop like they do all the time on the freeway at rush hour, or someone coming at you weaving or crossing the line, that is totally scary that you don’t pay attention to traffic.

Dutchess_III's avatar

Yeah, they don’t learn. I can’t figure out how a person can suddenly realize they’re moving into the oncoming lane, or about to hit a cub, and quickly recover and not relate it to the fact that they are talking or texting.

Not too long ago Rick and I were just heading out on a 2 lane highway, just out of town. Speed limit was 45, just before it it 65. Guy at a stop sign, leaning his head on the window, phone to his ear. I had a baaaad feeling. Sure as hell it happened, “HE’S ROLLING!!” I yelled at Rick. I’m always more attune to shit that could happen than Rick is. The guy had relaxed his foot on the brake, and the car was just rolling through the stop sign.
Rick got on the horn and the guy slammed on the brake and looked around in confusion.

@Darth_Algar What do you mean you don’t glance around? How can you be ready for something if you aren’t taking a second to check the layout? (See my story above.)
Besides, I didn’t ask if you “glanced around.” I asked if you’ve ever seen another driver talking or texting.
As Judge Judy would say, “That is a yes or no question.”

Apparently_Im_The_Grumpy_One's avatar

@Dutchess_III You got to it first but I was thinking the same thing: What? You don’t glance around? That sounds dangerous as hell!

@SQUEEKY2 People could survive completely sans-cell phone. It’s a very spoiled, first world type of problem that people can’t survive a car trip without their phones running. Nothing is so important that it can’t wait. And if it’s that important.. pull the f over.

Darth_Algar's avatar

@SQUEEKY2

I did not say I don’t pay attention to traffic, I said I do not glance into other cars. In other words I pay attention to the cars, not the people inside them.

Dutchess_III's avatar

Wow. Well, I make eye contact with other drivers when they are at stop signs to make sure they’ve seen me, especially if their wheels are slowly rolling.

@Apparently_Im_The_Grumpy_One I so agree. I do NOT answer my phone when I’m driving. How hard is that?

Apparently_Im_The_Grumpy_One's avatar

@Darth_Algar You gotta pay attention to the people too. And I’m not saying you gotta stare.. but what they are doing can certainly indicate what the car is about to do.

Darth_Algar's avatar

Never been in an accident where I was driving. I have, however, been in accidents where someone else was driving and took that quick glance to see what another driver was doing….and missed what another car was doing.

Apparently_Im_The_Grumpy_One's avatar

@Darth_Algar You’re stubborn. I get it. But paying attention only to the cars is going to lead to an accident one day. Perfect records don’t last.

ragingloli's avatar

How about replacing the fine with a confiscation of 50% of the offender’s pre-tax income for a couple of years?

Darth_Algar's avatar

@Apparently_Im_The_Grumpy_One

Ok. Next time I’m behind the wheel I’ll make in effort to make eye contact with all the drivers around me. I’ll let you all know how that works out.

Dutchess_III's avatar

I used to have a girlfriend who was a horrible driver. I didn’t ride with her much because I’d just be gritting my teeth and gasping all the time. Tailgating, just not paying attention. In her mind, however, she was a great driver because she’d never been in an accident.
I once responded with “Well, I’ve never died before either.”
And eventually she did get into an accident. Was the other guy’s fault. He ran his side of a 4 way stop, but she could have easily seen it coming, but she didn’t bother to check.
That was years ago. Don’t know if she’s been in any since.

Dutchess_III's avatar

@Darth_Algar You’re blowing it out of proportion. You don’t make eye contact with ALL the drivers around you, just the ones you have concerns about. In my example, if a guy at a stop sign is slowly letting the wheels roll, and all I’m paying attention to is the car, well the car is telling me he’s ready to jump out there. If I make brief eye contact with him I can relax because I know he’s seen me.

Darth_Algar's avatar

@Dutchess_III

Sure. Of course there are always situations where you have to pay attention to something else for a moment. Particularly at stops where there may be pedestrians crossing, etc. I simply dispute the notion that (generally speaking) focusing on the cars rather than the people in them makes one a more dangerous driver. (And yes, I’m employing a bit of sarcasm in that dispute.)

jca's avatar

My new car has hands free bluetooth. Phone is answered via switch on steering wheel and has speaker and mike inside. Calls are made by telling it who to call.

I also agree with @donotknow’s last sentence above. This is a platform for another lecture.

Dutchess_III's avatar

As I said, @Darth_Algar, nobody even said that generally speaking you should focus on the people, not the cars. There are only a few, specific times when you need to focus on the person for a moment. Have you ever glanced at a person at a stop sign and saw them swiveling their head back and forth, really quickly, because they’re in a hurry, and you know beyond a doubt the haven’t seen you? Are you ready? Or are you going to wait until the “car” makes it’s move to become alert?

Even if I had handsfree, I don’t think I’d use my phone, @jca, unless it was a sheer emergency. As I said, I don’t even like talking to passengers in the car. When the kids were growing up there were a few times when I commanded them to be absolutely silent while I navigated some particularly dangerous situation.
Even friends, I’d say, “Hang on just a sec. I gotta concentrate here.”
The thing is, the people in the car can see what you have to concentrate on. People on speaker can’t.

Apparently_Im_The_Grumpy_One's avatar

- When you see a driver look at his/her rear-view mirror on the freeway – you can bet he’s about to change lanes.

- When you see a driver with their head down (probably on a cell phone) you can maneuver away from them since they aren’t driving safely.

- When you see a driver glance in his driver mirror and make eye contact, you know he/she probably won’t swerve over into you.. but know he might be looking to shift lanes.

- When you see a driver looking all over the place because they’re not sure where to turn.. you know to watch out for them as they might do something erratic.

- When you see a driver eating food, or yelling at their kid in the back.. you will know to steer clear.

There are countless reasons to pay attention to the drivers of other cars. Not doing so is a recipe for disaster… and a good reason why I want to live in a small town.

Dutchess_III's avatar

Oh, I wish I could give you a GA on every one of those answers!

One time my ex and I were on the freeway. I saw a guy check his rear view mirror, and noticed the tiniest swerve to the right, which was our lane.
I told my husband the guy was going to change lanes and he might want to give him a little more space.
My husband said, “No he’s not!” and didn’t change his position at all.
Just then the guy hit his blinker and changed lanes and my ex had to let off the gas suddenly to make room.
Ex wanted to know how I knew. Magic, I guess.

jca's avatar

@Dutchess: I’m not one to hold chats while driving either, unless it’s important and then I’ll make it quick. My point is that technology is changing to accommodate human behavior, so people can do these things more safely.

Dutchess_III's avatar

Right. But the majority of people refuse to even admit that holding a phone and texting is NOT safe. They’re super-drivers and have the ability to multi-task so the common sense rules don’t apply to them.

Tropical_Willie's avatar

@SQUEEKY2 “You can’t cure STOOPID”

DoNotKnow's avatar

I know I mentioned it above, but it still seems as though people are assuming that smartphones have resulted in an increase in accidents or fatalities. If this is the case, can someone show me the data? I’m seeing the opposite.

Dutchess_III's avatar

Not just smart phones, cell phones in general @DoNotKnow.

All of us have at least one story to tell about a driver who was so damn distracted by his or her phone that they almost caused a wreck.

Pachy's avatar

I’m with you, @SQUEEKY2! It makes me craaaaaazy to see people gabbing or texting behind the wheel. Every close call I’ve had on the road in the past few years has been because someone weaving or tailgating while they were on their phone… and once, I admit, because I was on mine.

I just don’t understand why people can’t realize that when their on the phone their full attention is not on their driving, an activity that demands instantaneous and continuous attention and decision-making. I think using a cell phone in the car should carry the same enforcement and penalties as drunk driving.

Dutchess_III's avatar

Here are a couple of links.

One is from USA Today

And the source for the US Today article.

1 in 4 car accidents are caused by cell phone use.

DoNotKnow's avatar

@Dutchess_III – Of course you do. I have my anecdotes that are all unrelated to cell phones, you have yours which are cell phone related, and we could have had this exact conversation in 1988 about distracted drivers that would have excluded any technopanic about cell phones.

What I’m asking is to see the drastic increase in accidents and/or deaths related to cell phone and/or smartphone use. This conversation is not focused on people who drink coffee while driving or who look at maps. It’s specifically about one thing – and the data doesn’t appear to correspond with what you’re talking about.

Dutchess_III's avatar

@Pachy ”...should carry the same enforcement and penalties as drunk driving….” I couldn’t agree with you more.

Dutchess_III's avatar

@DoNotKnow Not sure what you mean by “anecdotes.” Those were stats that came from The National Safety Council.

DoNotKnow's avatar

@Dutchess_III – Saying that the object of distraction == smartphones is simply saying that people own cell phones. I’m going to ask again – show me the increase in traffic accidents and/or accident deaths. If traffic accidents had been reduced to 1 per year in the US and that one was cellphone related, then 100% of accidents would be related to cell phones. That’s not what we are talking about. At all.

Dutchess_III's avatar

I don’t understand what Smartphones specifically have to do with it. Quit whispering! I’m hard of hearing and I can’t hear you! But I shall go look and see what I can find.

Coloma's avatar

I have a great idea. How about inventing some technology that requires you put your cell phone into a secured slot in your vehicle upon entrance. A cell phone detector.
If you remove it while the car is in motion an alarm sounds and only stops when your vehicle is at a complete stop. How to do this, any inventive types out there. I’ll split the royalties

Dutchess_III's avatar

Ok @DoNotKnow:

I found this.

Gosh that PDF is a pain! It won’t let me copy and paste in normal format. To paraphrase, it’s saying that people using phones may be 4 times more likely to wreck because of it. the risk appears to be similar for both hand held, and hands free devices, suggesting that “it is the cognitive distraction” that causes the wrecks.

“References may be downloaded from the following URL: http://www.who.
int/violence_injury_prevention/publications/road_traffic/distracted_driving/en/
index.html” <<Haven’t looked at it yet. I’m too hungry!

To me, it’s a no brainer that being distracted by anything makes you a riskier driver, and some things are more distracting than others.

When I was in the industry in the late 1990s, early 2000’s, I was instructed to tell customers that talking while driving was no riskier than eating while driving. I refused to do that, because it wasn’t true. Eating while driving is somewhat of a distraction, so I rarely do even that, but you aren’t generally emotionally involved with whatever you’re eating, like you are when you’re dealing with another person.

DoNotKnow's avatar

Thanks, @Dutchess_III. Yeah, PDFs are no fun. I tried to browse through it to see if it contained any statistics bearing out everyone’s fears that we are seeing an increase in accidents, and that this increase is due to cell phone use. I may have missed it, but I saw nothing of the sort in that PDF. Rather, it talked about the kind of distractions that are common (which is my point).

I started driving in 1988. At that time, there were no cell phones (that I was aware of), yet people couldn’t stop talking about distracted drivers.

Let’s take a look at the how dangerous it was to drive in 1988. Here is that list of motor vehicle deaths by year. 47k people were killed that year. That’s a rate of 18.468 deaths per 100,000 people (population). According to that data, in 2013 there were 32k deaths at a rate of 10.345 deaths per 100,000 (population). So, it’s getting safer on the roads.

Sure, this could be due to increased car safety standards or any number of things. But the data is pretty clear – it’s safer now. Yet, the panic people are having about cell phones is not proportionate to the data from what I can see. I would expect to see the data represent a huge bloodbath following cell phone adoption, and an even bigger one following the smartphone “revolution” of 2007. I don’t see it.

Maybe the data is there somewhere. I don’t doubt it’s possible. But I’m just wondering if this whole fear of technology thing is just another example of how people’s perceptions of crime rates are infamously detached from actual crime rates.

Dutchess_III's avatar

I know what you’re saying @DoNotKnow. I’ll keep looking too.

The thing I have an issue with is controlling the things that can distract you, if you can. And you CAN control cell phone usage. People don’t need to fuck with radio settings, or feeling around on the passenger floor board for whatever they dropped, especially in traffic. There are so many things you can control, but people don’t, for whatever reason.

I have talked on my phone while I was driving and the first time I did, it it just floored me how distracted from my driving I was, by a short, completely un-emotional phone call. It probably took 25% of my attention away from where it should have been while I was on the phone. I didn’t like that at all.

talljasperman's avatar

I would take away people’s drivers license for increasing intervals. Also install an Internet blocker in offenders vehicle.

kritiper's avatar

@talljasperman How many people have to be killed, crippled or maimed before measured enforcement works? (This is a rhetorical question!)

jca's avatar

To get back to @SQUEEKY2‘s original question, No, I don’t think jail time is the answer. I think jail time is unusually harsh, considering people do way worse things and don’t go to jail. They get off with probation or community service. I am against mandatory sentencing, anyway.

Again, I think it’s hard to catch people in the act with texting while driving, because unless the cop is right up alongside the driver, it’s very hard, if not impossible to tell that the driver is texting. Only if the person is involved in an accident and their cell phone service is subpoenaed, would it maybe be brought to light that they were texting when the accident occurred.

Dutchess_III's avatar

Do you think severe penalties, such as those for drunk driving, would deter some people, @jca?

SQUEEKY2's avatar

The cops can look at the cell phones log and see if they have been used while driving, again I will agree with @DoNotKnow IF YOU USE HANDS FREE it probably is fine, the problem is a great deal of people still don’t use the hands free option.
And it is killing people,so what do we do with those who refuse to use hands free and still think they can drive?
And if that makes me a negative or someone with anxiety oh well I don’t want to die because someone just had to make a fucking call or text.

ibstubro's avatar

Jail time only penalizes the working class.
It’s an inconvenience to the unemployed and a legal annoyance to the ruling class.

Realistically, we need cell phone blockers in all running non-commercial vehicles until self driving cars are a reality.

Hands free is NOT safer.

jca's avatar

@SQUEEKY2: Texts can be deleted as can phone logs. So should the cops get subpoenas of the cell phone companies to see which drivers were texting or on the phone? What drivers should they subpoena the records for? All drivers who commit infractions? Drivers who are involved in accidents? Imagine the paperwork and the money involved to subpoena records.

SQUEEKY2's avatar

@jca The phones themselves have a log on the phone and when pulled over a cop can look at it right then and there, you are totally right the logs can be deleted but who is going to think of that when being pulled over??
These people are not smart enough to use a hands free cell phone, do you think they are smart enough to quickly delete a cell phone log when being pulled over?
These idiots that don’t use the hands free option are not only endangering themselves but everyone else around them,would you still be defending the use of cell phones and driving if your child was badly hurt or even killed by an idiot that just had to make that text or cell call?
Maybe something installed that would make a cell call without a hands free mode impossible from the drivers seat? would be an option.

SQUEEKY2's avatar

Interesting little video for those who defend hands free…..
https://youtu.be/H3D9dF3vPCU

Darth_Algar's avatar

“would you still be defending the use of cell phones and driving if your child was badly hurt or even killed by an idiot that just had to make that text or cell call?”

Why must you descend into hyperbolic appeals to emotion? Also, nobody is defending the use of cell phones while driving. People are saying that distracted drivers have always been around for as long as cars have been around. Singling out cell phones is a red herring that evades the real issue. And arbitrarily punishing cell phone users via measures that are draconian, would be prohibitively expensive to even attempt to implement and which, ultimately wouldn’t do much, does nothing to address the issue ether.

SQUEEKY2's avatar

Ah, sorta the same thing that legal law abiding gun owners have to go through, when the anti gun activists scream for gun control?

Now back to the issue so what do we do then?
And if these law abiding cell phone users use their phone legally and safely, why are they even worried in the first place, unless they are not?
Yes distracted driving has been around long before the cell phone craze, but it is the use of these devices that have pushed it over the top, for example, on my run to the coast a total of 300miles one way there are and I counted them, 5 signs that say hand held devices are illegal while driving, forget what I see on a day to day basis, why would these signs be there if it wasn’t a major problem?
Cell phones are not the only reason that people drive distracted, but they are a huge reason.

Darth_Algar's avatar

Wait, is this thread about driving while using cell phones, or is a backdoor for you to complain about gun regulations? I ask because you’ve tried to shoehorn the gun thing at least a couple of times in this thread.

Hypocrisy_Central's avatar

@SQUEEKY2 you stepped on the hooves of a sacred cow, to appear to attack cell phone and or driving or both in the same breath? Logic takes the day off when you offend a sacred cow. With such a visceral kneejerk reaction people will refuse to see the logic. They will find 1001 ways to wave it off before they even attempt to produce a valid solution. Myself, I say if they get caught, they have to do 1,500 hours of community service at some soup kitchen, homeless outreach, or senior rest home. Well, they could chose to be on a work crew cleaning the freeways, waterways, and parks of trash, and they pay the hours of the officer overseeing them to make sure they do it.

Brian1946's avatar

What about using a hands-free gun to do a drive-by: ticket or no problem as long as nobody gets shot?

jca's avatar

@Darth_Algar: This thread is another vehicle for a rant and lecture.

SQUEEKY2's avatar

@Hyp.central I like that idea of community service.
And you’re totally right people sure get upset when you say anything bad about their cell phones,if they saw what I do with the miles I drive they might think different but then again probably not,when you’re to busy on the damn cell phone.

SQUEEKY2's avatar

@jca Yeah I mentioned cell phones twice in that whole post I can see how these two posts are identical thanks for pointing that out.

jca's avatar

@SQUEEKY2: Of your three responses on that thread, 2 mentioned cell phones. You kept throwing out the term “cell phones” but there were only a total of 12 responses on the thread. It’s obvious what you were getting at.

SQUEEKY2's avatar

What I don’t get is you would rant and lecture the people you care about, the dangers of drinking and driving, or getting in with a drinking driver.
You would rant about the dangers of doing drugs,and you would do it over and over by any means at your disposal until they got the message.
You’re blood would boil at the things I see drivers do on a day to day basis,and most of these drivers ,not all but most have a stupid cell phone held to their head.
Want to see the picture of the dude that hit the semi head on with his suv,it cut him in 2,and you know what? He was texting his girlfriend.
I am not just ranting at car drivers I freak when I see another transport driver on the cell phone, I get that distracted driving has been around long before the damn cell phone, but the damn phone has pushed it over the top,and if you disagree then why have Governments made laws outlawing it while driving if it is not an issue?
And yet you have no problem seeing driver after driver every day texting or talking on the damn thing while driving.

SQUEEKY2's avatar

Now why are people so protective of the damn cell phone?
Did anyone even look at the video about hands free cell driving?

jca's avatar

@SQUEEKY2: I have not defended cell phone use and I did explain clearly that even though I have bluetooth in my car, I don’t even chat for long periods while driving. I did state clearly (I thought) that texting while driving is bad. What I did state (clearly, I thought) was that I think putting cell phone users in jail is unusually harsh and unnecessary, especially because the courts are letting prisoners out of jail for committing worse things than this.

I also don’t understand why you asked a similar question within a two month period. Although your other question did not have cell phones in the wording, you repeated cell phones throughout your responses (in that question). We get it. You don’t like cell phones while driving. Not many people can defend cell phone use while driving. I’m not defending cell phone use while driving I’m saying don’t put people in jail over it, which is your suggestion. I thought I made it all clear above. Nowhere will you see me defend texting while driving or saying it’s not dangerous.

jca's avatar

This question, like others you ask, @SQUEEKY2, is a rant for you to argue incessantly with anybody who does not agree with your position.

DoNotKnow's avatar

@SQUEEKY2: “Now why are people so protective of the damn cell phone?”

We’re not. You’re just exhibiting some odd behavior about this. We can point out the roads are safer statistically since the invention of the cell phone, yet in your mind the sky is falling. You’re making statements about people being “technology junkies” and are just railing against modern society. Your outrage is not proportional to the threat.

But under all of your rage, we may actually agree. I think the automobile, which killed 30k people in the US last year, is as “necessary” as the cell phone – maybe even less necessary. I’d love to see us stop thinking that it’s ok to kill the planet so we can have our little toys. We build communities that are designed for the car. We spend much our lives driving in these cars (mostly alone). And for fun, we get in these steel weapons and drive around or drive to the mall. Automobiles are unnecessary and are resulting in needless deaths and the destruction of the planet. Let’s outlaw the car. If you had come here to state that, then I would understand a bit of your outrage. But you’re coming here to complain that we’re all doomed even though it’s getting safer every year to drive.

We all have our things that drive us crazy. I’ll admit that I have my things. But don’t pretend that you’re expressing anything other than a pet peeve. It’s not an empirically based outrage. It’s one that is purely ideological, and not far removed from “get off my lawn”.

SQUEEKY2's avatar

@jca if you agree then why are you arguing ?
A lot of posts on this question did agree and we never argued.
But back to the question what should the penalty be if caught driving and on the cell phone, or causing an accident while on the phone?
A huge fine like in the thousands$$ ? Their drivers license revoked for a set amount of time?
Their vehicle impounded for set amount of time?

jca's avatar

I’m arguing there should not be jail time for cell phone use.

Penalty should be harsh like maybe $500 for first offense, like if you pass a stopped school bus. However, I’ve said above it will be hard to catch people because unless a cop pulls up alongside a texter, the phone can be kept down low. As to your idea that cops look at people’s cell phones, even if the texter does not delete the log, I think a cop might need a judge’s order before he can go grabbing cell phones away from people, just like a cop may need a judge’s order in order to search a car without a driver’s permission.

jca's avatar

@SQUEEKY2: I also don’t get why you keep repeating the same question, as I showed, asked two months ago. We get it, you don’t like cell phone use while driving and you feel passionately about it.

Dutchess_III's avatar

Down boys.

You can’t delete the phone or text records that the provider has. Those are easily subpoenaed.
And I agree with the question, if it was your family member, or your child, who was killed by some idiot who thought they HAD to text at that moment, would you still be OK with it? It wasn’t hyperbole. Every one who has ever been killed by a distracted, texting driver was someone’s family, and I’m sure you can include children in that list.

Back in the late 90’s a couple came to visit from Washington State (my grandson’s other grandparents.) The husband had sustained a serious back back injury in a car accident, when he was rear ended at a stop sign.
I asked how it happened and the wife said, “Cell phone,” and nodded, like, “What else?!”

People using cell phones are as dangerous as drunk drivers. @SQUEEKY2 isn’t the only one passionate about this.

IMO, hands free is also distracting, and I wouldn’t use it either.

jca's avatar

@Dutchess_III: I said the cell phone logs can be subpoenaed. I agree texting while driving is dangerous. You’ll see that I agree with those things above. I think I made myself clear several times. I also said I’m not one for long chats while using hands free. I think I said that several times, too.

SQUEEKY2's avatar

Thank you @Dutchess_III but if you ask a question even remotely the same in the last decade it seems very frowned on around here.
I do get that a lot of people do use their cell phones in a responsible safe manner and I do appreciate that, but a great deal of people still don’t and maybe never will, I just hope with their careless habit they don’t end up killing anyone I care about.

Dutchess_III's avatar

Several suggestions have been thrown out about what kind of punishment should be meted out. I think we all agree that jail time for the first offense is over the top.
However, I do agree with serious, painful fines, and maybe some classes like people who get DUIs have to attend sometime.

PS, I think we can throw away the argument about the cop having to see the person texting. The cops don’t catch 99% of the drunk folks on the road. Some incident (or a wreck) causes them to single a person out and from there determine that the person has been drinking.

Unfortunately, I read that it is illegal in some states for a cop to check a person’s phone on the scene. I think that is ridiculous.

kritiper's avatar

50 lashes with the cat o’ nine tails! Then keel haul the swab!

Dutchess_III's avatar

^^^ Or that!

SQUEEKY2's avatar

I just thought a few should know the cops can get around the need for a warrant when it comes to vehicle searches in Canada and a lot of states all they have to do is suspect contraband and then inform the people that they are going to search the vehicle,(though you may or might beat it in court).
I was talking to an RCMP officer and he said they can demand to see the persons phone when pulled over.

jca's avatar

Laws for getting pulled over in a vehicle are different than laws for people who are arrested. Regardless, if your phone is password protected, nobody can look at it without the password.

SQUEEKY2's avatar

I will leave this with this, yesterday on my run I took a quick glance at most of the drivers coming at me and out of all those drivers 5 were on the cell, 1 car driver, 3 truck drivers, bad truckers, and 1 Greyhound driver who looked like he was texting,OMG!!
Maybe people are getting the message that it isn’t a good idea to use it while driving.
BUT with that said spent 4 hours behind a really bad accident, a mini van tried to park under a transport truck and it was rumoured the minivan driver was on their cell phone, but no one could really confirm that.

Hypocrisy_Central's avatar

That is propaganda and vicious rumors, if they did not want people on their phones in cars they would not build jacks into their cars to interface with phones. In fact, some texting drivers are like drinking drivers, they get better at driving while they are texting behind the wheel. The data that shows accidents are more likely to happen while on the cell phone or texting was created by backward hicks who hate technology; propaganda and lies….I tell you! ~~~

If the sarcasm is thick, it is the dish best served very dry.

Dutchess_III's avatar

The other day I went to McDonalds. The drive through line was backed up almost to the street. If I pulled up behind the gal in front of me, most of my car would have been left hanging out in the street, ready for some idiot on a cell phone to bash into me.
However, the gal in front me me had about 2 car lengths between herself and the next car. In other words, had she been paying one whit of attention, she would have closed that gap to allow others in behind her. However, she didn’t do it, until I pulled up behind her and gently tapped my horn.
I’ll give you 3 guesses and so why she didn’t see what was going on, and the potential danger she was putting others in…..

Hypocrisy_Central's avatar

^ She was being considerate, she was trying to speed the line up my using her McDonalds app to order her burger, fries and shake before she got to the window; see, she was actually trying to use technology to help. ~~~

jca's avatar

@SQUEEKY2: Distracted driving is keeping people from finishing 5,000 texts per year. Read on: http://www.theonion.com/article/report-distracted-driving-results-more-5000-unfini-51120

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