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"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.
There is a Hawaii statute for "inattention to driving" that results in an accident.
quote:
§291-12 Inattention to driving. Whoever operates any vehicle without due care or in a manner as to cause a collision with, or injury or damage to, as the case may be, any person, vehicle or other property shall be fined not more than $500 or imprisoned not more than thirty days, or both, and may be subject to a surcharge of up to $100 which shall be deposited into the trauma system special fund. [L 1971, c 150, §2; am L 1977, c 180, §1; am L 1998, c 287, §4; am L 2008, c 231, §6]
It doesn't prevent an accident by punishing the behavior before it causes harm.
I seem to recall there was a law being passed this year about cell phones.
ETA here is the 2009 bill, still not heard ...
quote:
"§291C-A Mobile telephone use and electronic wireless communications device use; prohibited. (a) No person shall use a mobile telephone while operating a moving motor vehicle in the State unless the mobile telephone is equipped with a hands-free accessory.
(b) No person shall use a mobile telephone, including those with hands-free accessories, while operating a moving school bus that is carrying passengers.
© No person shall use an electronic wireless communications device, other than a voice-activated global positioning or navigation system, while operating a motor vehicle in the State.
(d) The provisions of this section shall not apply to the following:
(1) Emergency use of a mobile telephone or electronic wireless communications device, including calls to 911, a hospital, an ambulance service provider, a fire department, or a law enforcement agency;
(2) Use of a mobile telephone or electronic wireless communications device by law enforcement or emergency personnel or by a driver of an authorized emergency vehicle, acting within the scope of official duties; or
(3) Initiating or terminating a telephone call, or turning the telephone or electronic wireless communications device on or off.
(e) Violation of this section shall be a violation, and courts shall impose a fine of not more than $100 for each violation.
Current Results:
Should Hawaii County ban drivers from using cell phones?
Yes 81% (29 votes)
No 19% (7 votes)
Total Votes: 36
Poll still open
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FBI Blogs
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So because we have dumb Judges and smart Lawyers... lets create dumb laws... yep, thats the ticket...
you know whatever the new law is, it wont do any good... in this state how much jail time do you get for home invasion?
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I do not believe that America is better than everybody else...
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HBAT
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I do not believe that America is better than everybody else...
America "IS" everybody else.
The Wilder Side Of Hawaii
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Good catch Kathy. Why do we need another law on the books? Actually, I find it more dificult to fiddle with my phone when using my headset than to use it alone. I only answer it when driving, do not make calls. When CA made their law I just decided not to answer when driving. There, it is legal to use your phone, but you have to have a hands free device.
quote:
Originally posted by KathyH
There is a Hawaii statute for "inattention to driving" that results in an accident.
quote:
§291-12 Inattention to driving. Whoever operates any vehicle without due care or in a manner as to cause a collision with, or injury or damage to, as the case may be, any person, vehicle or other property shall be fined not more than $500 or imprisoned not more than thirty days, or both, and may be subject to a surcharge of up to $100 which shall be deposited into the trauma system special fund. [L 1971, c 150, §2; am L 1977, c 180, §1; am L 1998, c 287, §4; am L 2008, c 231, §6]
It doesn't prevent an accident by punishing the behavior before it causes harm.
I seem to recall there was a law being passed this year about cell phones.
ETA here is the 2009 bill, still not heard ...
quote:
"§291C-A Mobile telephone use and electronic wireless communications device use; prohibited. (a) No person shall use a mobile telephone while operating a moving motor vehicle in the State unless the mobile telephone is equipped with a hands-free accessory.
(b) No person shall use a mobile telephone, including those with hands-free accessories, while operating a moving school bus that is carrying passengers.
© No person shall use an electronic wireless communications device, other than a voice-activated global positioning or navigation system, while operating a motor vehicle in the State.
(d) The provisions of this section shall not apply to the following:
(1) Emergency use of a mobile telephone or electronic wireless communications device, including calls to 911, a hospital, an ambulance service provider, a fire department, or a law enforcement agency;
(2) Use of a mobile telephone or electronic wireless communications device by law enforcement or emergency personnel or by a driver of an authorized emergency vehicle, acting within the scope of official duties; or
(3) Initiating or terminating a telephone call, or turning the telephone or electronic wireless communications device on or off.
(e) Violation of this section shall be a violation, and courts shall impose a fine of not more than $100 for each violation.
Aloha au i Hawai`i,
devany
www.myhawaiianhome.blogspot.com
www.eastbaypotters.blogspot.com
Posts: 5,640
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Why do we need another law on the books? Because the one quoted only punishes people after they've already caused an accident. Prevention is better than the cure.
There's this great new invention called voicemail, could come in handy when the phone rings and you're operating heavy machinery.
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quote:
Originally posted by Jon
So because we have dumb Judges and smart Lawyers... lets create dumb laws... yep, thats the ticket...
you know whatever the new law is, it wont do any good... in this state how much jail time do you get for home invasion?
I pretty sure the punishment will be a fine rather than jail time. It's a lot easier to give out $300 tickets than send people to jail.
Personally, I will never understand the need to constantly talk on the phone while driving. What is so important that can't wait 20 minutes or so?
Maybe I am just old, but it use to be that one of the great things about getting out of the house was being away from the phone.
Damon asked if Hawai'i County should enact a ban.
My quote shows there's a STATE bill currently before the legislature. Maybe people should write/call/email in support of that bill, unless you think we need legislation on both state and county level.
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Personally, I wonder how the police are going to see through the illegally dark tinted windows to tell if anyone is talking on the phone or not.
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Good post, PaulW.
quote:
Originally posted by PaulW
Why do we need another law on the books? Because the one quoted only punishes people after they've already caused an accident. Prevention is better than the cure.
There's this great new invention called voicemail, could come in handy when the phone rings and you're operating heavy machinery.
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