Skip to comments.If You’re Stopped At a Red Light, Are You “Driving”? [Using cellphone]
Posted on 11/16/2011 12:15:28 PM PST by QT3.14
[You'll need to scroll about half way down the page]...Yes, says a California court, at least for purposes of interpreting a California law that prohibits using a cell-phone while driving.
(Excerpt) Read more at volokh.com ...
Is you car running and are you in it? They YOU are “driving”!
for purposes of DUI , if you’re on a public street , in the car, with possesion of the ignition key, you’re driving.
Yes, of course you are driving and talking on a cell phone.
Not that there should be anything WRONG with that...
If you are not parked and on the road then “yes”.
If you are in a vehicle that is running and a part of the traffic, whether moving at any specific time or not, YES, you are driving. NO, you should not be using a cell phone. When using a cell while behind the wheel the driver IS NOT paying attention to anything else around him/her.
No need to do any scrolling. This is the direct link to the blog posting:
Which links us to another blog:
Which then takes us to the source articles.
Not to argue with you Wobbly Bob.. but I thought the ignition key had to be in the ignition. The car didn’t have to be running; however, DUI cases could be made if the car was turned off (but the ignition key was inserted).
Yes. You are driving. You are responsible for controlling the car on the road. If a car comes careening at you from any direction, even when stopped, you should at least be paying attention enough to take evasive action if possible.
Now, if you are in a parking space with the car in park, that is a different matter. I did actually read right here on FR about a guy that was in the parking lot of a Starbucks, engine running, but in park, checking his phone messages before he took off. A cop wrote him a ticket for driving while on the cell phone. That’s just stupid.
You’re in the middle of the road.
The car is running.
The transmission is in drive.
can’t speak for CA, but in MN, key just has to be on you and you in the car.
” at least for purposes of interpreting a California law that prohibits using a cell-phone while driving “
at least for purposes of [squeezing every last drop of revenue out of the citizenry]
As said earlier, if you are in the driver’s seat with the keys, you’re driving, even if the engine is not running.
Dang... that is very strict!
California’s idiotic law doesn’t care if you are using a cell-phone (though I agree it’s one of MANY distracting things you can do while driving) It’s only concerned with whether or not you are HOLDING a cellphone.
Yes. You are in control of the vehicle in the driver’s seat on a public roadway.
I can easily see getting a ticket while you are in a parked car with the engine running because the car is in operation. The car is not off.
Conservatives accept responsibility when they ignore the law and then get caught.
IS THE GEAR IN DRIVE?
Several states have the hand helt cell phone law, the truck driver that ran over and killed all the amish people in ky last year was talking on a head set and had a history of the same. Wrong thing to do. Anyone caught texting and driving should be dragged off the road and shot. http://www.louisvilleaccidentsblog.com/2011/09/kentucky-crash-cited-in-call-to-ban-cell-phone-use-in-trucks.shtml
I disapprove of enforcing this law on the driver of a vehicle that is not moving, and I disapprove of having laws that are not enforced. The obvious intent is to maximize revenue, but that is an abuse of police power. If a woman can apply makeup legally and a man can read the newspaper legally, they should be able to text too while stopped. The law should be changed.
I just have a one question for all of you. This question has baffled me for 50 years, ever since I was in high school.
If you are at any service window, such as post office, restaurant, school....any where, and you are doing business with the person at the window, and their phone rings. They always stop with you and give phone immediate attention. This is very annoying since you have made effort to get to the service window in person, and the after coming phone call gets higher priority.
So, getting back to cell phones, unless your wife is about to deliver a baby, or some one in your family is having surgery, where is the urgency to attend to the cell phone? What is the last time any one called you (or texted) to give you a prize? 99% of my calls are when someone wants something from me.
If someone is sitting in their car in a parking lot and the engine is off, perhaps waiting for their child to get out of school or waiting to pick up their spouse at the train station, then talking on the phone while sitting in a parked, turned off car should be okay.
In the radio story that I heard, the car was running but the car was still parked. In this situation, I can see someone getting into their car in the morning and starting it up to warm up the engine to defrost or defog the windshield, and then make a phone call while sitting in the car.
This person also said that she got a ticket for not properly curbing the tires on her car (turning the wheels towards the curb to prevent a runaway car from rolling down the street). That can be an issue in San Francisco, but she said she got the ticket on a flat street, so there are some pretty aggressive ticket writers out there.
When I first started prosecuting I got the traffic cases (as all new Prosecutors do) and the law in Virginia ws that if you were behind the car, keys in ignition and the car was on a public road, you were driving EVEN if the engine wasn’t running and you were parked on the side of the road in a parking space. The Va Sp Ct ruled on that a couple times. I THINK (though am not sure) that before I retired the Court ruled that you only had to have the keys and they didn’t need to be in the ignition though I am not sure of that.
This is pretty standard in states nationwide.
If the engine is on, your are behind the wheel and the vehicle is in a public traffic lane, then YES you are driving.
Yeah well people shouldn’t have their little rat dogs in their lap, put ketchup on their fries, read a map, scold their kids, or a myriad of other things while their driving. I am not at all compelled that one is inherently more dangerous then the other.
“If you are in a vehicle that is running and a part of the traffic, whether moving at any specific time or not, YES, you are driving. NO, you should not be using a cell phone. When using a cell while behind the wheel the driver IS NOT paying attention to anything else around him/her.”
You are operating a vehicle still or not.
IIRC, you can be cited for a DUI if you are sitting in the drivers side of a car that is not turned on.
The problem with your example is that the stats show cellphoning while driving bumps your accident rate up into the drunk driving territory while none of you other “suggestions” even come close to that range.
even if you are passed out/sleeping.
Conservatives believe government has limited powers. China has plenty of laws.
This guy loves conservatives who ...
How about the comment made at the link? At long lights, he turns his car OFF.
The difference between LaHood and me is that I’m using reductio ad absurdum while LaHood would actually think those laws would be a good idea.
If he turns his car off, he’s still driving. Only now, he’s obstructing a traffic lane and will ge an additional ticket.
Going home yesterday, there was a gal in a protected left turn lane on a cell phone. The green arrow was on. Several drivers behind her were honking to get her attention. She didn't move - until the arrow changed to amber. She was the ONLY one who got through that light. Talk about ticking off other drivers.
Well, yes. You gotta remember that the city needs the money and, according to the expert, traffic light cameras reduce accidents. If others that do not run redlights get cught up in the process, that is just the cost of doing business. They should have stayed home. Personlly, I do everything to avoid red light camears. What people who live where they can’t be avoided is , the moment that the caution comes on lock your brakes and if hit by another vehicle sur the company or their affiliates that installed the camera.
Should you really get a ticket for that?
No!. For example, all only GA exception to the law says is the car is parked legally.
State police/car insurance public service announcements say, for example, on freeways, to pull off to a safe spot to make your call. They have never advise you to turn the car off.
Talking on the cell phone while driving
is DEADLY & DANGEROUS TO OTHERS.
There is no right to drive on public roads - it is a privilege.
The government is well within its duties to create safety standards for public roads and to enforce them.
Conservatives understand that.
Your comments are self-centered and NOT conservative.
What do “stats” show about people who are driving while arguing with someone in the back seat? Oh, they don’t keep those “stats”? And how exactly do they measure the level of distraction caused by someone on the phone when every person is different and there is a whole spectrum of “distraction” from a routine phone call saying you’ll be home in five minutes to an explanation of the pricing of bonds, not to mention the difference between driving in a secluded highway versus driving in a busy intersection? And don’t you think that there are responsible drivers out there who are able to drive while speaking on the phone just as easily as drive and sing along to a song on the radio?
I know that proponents of these laws mean well, but I think that they’re a lazy, inefficient proxy for a lwa that says “people should drive well.” Policemen can’t hand outas many tickets for “bad driving,” so they prefer an objective, albeit inefficient, standard such as “driving while holding a cell phone.” So I can’t support these laws.
Then you didn't have to mention one of the elements of the violation is to have the engine ON.
And why would he be obstructing traffic...he said for fuel savings he turns it OFF for the red light...green he turns the car back on and proceeds with others. Your assuming issues not mentioned.
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