04-13-2009, 01:16 PM
"Distracted driving"
"Reasonable and prudent"
"Driving while impaired"
These are all laws that waste court time, and seldom result in a conviction when an attorney is used. They are subjective and require a person to form an opinion. Any attorney who just passed the bar can raise reasonable doubt or make a mockery of the law. Save yourself the headache of a feel good law with no teeth.
In order for any of the above to result in real enforcement, the law enforcement officer must observe it, apply the violation to an action, form an opinion of that action to support a violation, and withstand the grilling of an attorney or knowledgeable layperson.
Now,
"Driving while using a cell phone"
"Exceeding posted speed limit"
"Driving with a BAC above .XX"
These are all laws that simply require it to occur to be a violation. No opinion, no interpretation of action, no anything but it happened. If there must be a law, spell it out so there's no mystery.
But, no matter how much in favor someone is of such a law, the second THEY get a ticket see how fast they are calling for its repeal.
"Reasonable and prudent"
"Driving while impaired"
These are all laws that waste court time, and seldom result in a conviction when an attorney is used. They are subjective and require a person to form an opinion. Any attorney who just passed the bar can raise reasonable doubt or make a mockery of the law. Save yourself the headache of a feel good law with no teeth.
In order for any of the above to result in real enforcement, the law enforcement officer must observe it, apply the violation to an action, form an opinion of that action to support a violation, and withstand the grilling of an attorney or knowledgeable layperson.
Now,
"Driving while using a cell phone"
"Exceeding posted speed limit"
"Driving with a BAC above .XX"
These are all laws that simply require it to occur to be a violation. No opinion, no interpretation of action, no anything but it happened. If there must be a law, spell it out so there's no mystery.
But, no matter how much in favor someone is of such a law, the second THEY get a ticket see how fast they are calling for its repeal.