You can declare that all a priori for all driving distraction cases? Amazing!
Well they don't, and they shouldn't
You don't believe in juries? Does this tie in with your naturalized status somehow?
any judge that allows them to do so by guessing isn't doing justice.
If I'm not mistaken, it is the role of the defense attorney to point this out.
Still coming up to speed on the American Justice System, are you?
The real question is whether you want to criminalize what constitutes an act of negligence (i.e an accident).
Thousands (perhaps tens of thousands) of vehicular accidents happen everyday because of momentary inattention. Some are merely fender benders. Others result in fatalities. These accidents may occur because of a cell phone call. Accidents may occur because of a fussing child or any myriad of distractions which the driver allows to momentarily divert his or her attention from the roadway.
State laws have traditionally treated these as unfortunate accidents for which a traffic citation is issued and a fine is paid.
Do you really want to criminalize all accidents and incarcerate (for 14 years?) people who allow themselves to be distracted? If so, I suggest we need to increase the number of our prisons tenfold for these “dangerous” criminals.
Just the ones that try to tie a cell phone record or the mere use of a cell phone to the cause of an accident.
You don't believe in juries?
Umm, is that like asking do I believe in Santa Claus? I am pretty sure juries exist, and I am pretty sure the right to one is Constitutionally protected. But if that guarantee is to have any teeth, juries need to be given meaningful evidence to use.
If I'm not mistaken, it is the role of the defense attorney to point this out.
You are mistaken, probably because you are either not a lawyer, or you are a pretty poor one. Judges are supposed to be gatekeepers of the evidence that juries see and hear. Judges are supposed to follow the law. Judges ignore defense lawyers all the time, even when those lawyers are right. Before you put your hands in the life of a defense lawyer and a prosecutor's jury, you might want to consult with this guy or someone like him.
Still coming up to speed on the American Justice System, are you?
I am not sure what your personal attack means other than you are probably a xenophobe, a racist, or both. I am proud of my American citizenship, and I am pretty sure I have a better handle on this nation's laws than most people. If you care about this country's security, you should be encouraging naturalization, not taking potshots at it.
But greater men than me thought that there were better ways to handle disputes than to expose them to the vagaries of judges and juries. Jesus and Paul are two that come to mind.