Ohio Chatter DEV

thePITman

Get to know Ohio's new phone/driving laws (effective 8/30/2012). All cell phone ban for <18 drivers (primary offense, so a cop can pull them over for this alone). Text messaging ban on all drivers (secondary offense, so cannot pull over for this alone). This now begs the questions:

What constitutes "texting"?
And at what lengths are they allowed to try to prove you were texting?
Or like anything else, is the officer's testimony considered "unbiased testimony" and upholdable in court? (which is B.S.)

For instance, what if I'm setting my GPS, or reading an email, or Heaven forbid reading a text message? I've always viewed "texting" as the process of composing a text message. Is there a legal definition?

If I delete a text message I was composing, or save it in drafts (which do not have last modified date), is a cop allowed to confiscate my cell phone and inspect it? Or are they allowed to view my cell phone records via the carrier?

http://www.ghsa.org/html/stateinfo/bystate/oh.html

-Society-

Don't use your cell phone while driving and you will be fine.

like_that

Should just be a hand free law so there is no grey area.

thePITman

like_that;1250755 wrote:Should just be a hand free law so there is no grey area.

I agree. And I would have no problem with that. It'd be more motivation for me not to use my phone. But when it's just "texting", which I don't do much (normally GPS, Twitter, Facebook, etc), it's not much different than now.

ernest_t_bass

like_that;1250755 wrote:Should just be a hand free law so there is no grey area.

This. Most new cars have blu tooth built in, so it is very capable to be hands free. Some automobiles have the capability to compose text messages, and many cell phones have that capability as well.

With the hands free law, however, I'd only want that to be for cell phones. I'd still like to be able to drink my beer.

Steel Valley Football

As I understood it, they can't ask to look at your phone for proof you were texting.

FatHobbit

Steel Valley Football;1250821 wrote:As I understood it, they can't ask to look at your phone for proof you were texting.

Do you have to show them?

Steel Valley Football

FatHobbit;1250822 wrote:Do you have to show them?

IIRC, no. Not adults, anyway.

SnotBubbles

Can we still surf porn on our cellphones and jack off while driving? Is this covered in the new lawz?

Steel Valley Football

As long as you're not jerking off a six-year old boy with play dough on his cock, you'll be fine.

THE4RINGZ

I text using the hands free option while driving. Not sure how the law applies to this situation.

RedRider1

So if I'm checking my Facebook on my phone and run over & kill someone it's ok b/c I wasn't texting?

Guessing that's not how the law will be interpreted.

Steel Valley Football

RedRider1;1250909 wrote:So if I'm checking my Facebook on my phone and run over & kill someone it's ok b/c I wasn't texting?

Guessing that's not how the law will be interpreted.

You wouldn't get a ticket for texting, but you'd probably be charged with vehicular homicide the same as if you were distracted by any other means; eating, radio, phone call, etc. The texting charge would be irrelevant at that point.

raiderbuck

Just put the frickin' phone down. Problem solved.

Steel Valley Football

raiderbuck;1251280 wrote:Just put the frickin' phone down. Problem solved.

That's not a viable solution to the problem, thus the law we are discussing.

thePITman

As the OP, let me make my personal stance clear. I'm in agreement with those that say a simple "ban use of all mobile devices" law would be good, and would eliminate any doubt. But since they are specifying "texting", that is why I'm asking for the definition of "texting", and how it will be enforced, etc.

Sykotyk

I have a hands-free headset. However, the dial-by-voice is crap, so i have to hit the speed dial of the number I want to call (I don't use a touchscreen phone, I prefer to feel the buttons by finger and not have to worry about it. I don't send text messages, but I have read things off my phone (directions, being the biggest).

Problem is, some states allow you to use carrier data to prosecute you for texting (which for them includes emails or surfing the net). My phone, when not on a call, is always downloading new data. Checking for emails, updating the weather, or if using Google Maps, updating the surrounding map as I travel through the onscreen area.

The biggest problem with this law (and not just in Ohio, but all states) is that it's already against the law to drive distracted. Just like drunk driving and reckless driving. Some people can, some people can't. Those who can't, shouldn't. And it's a shame that their level of stupidity precludes them from realizing they can't.

O-Trap

like_that;1250755 wrote:Should just be a hand free law so there is no grey area.

Eh, that'd certainly be okay, but I'd be just as alright with the law not speaking to it at all. The job of the driver is to avoid distraction, whether it's food or phone, drink or passenger.

Would this apply to sitting at traffic lights or stop signs? At what point are you "driving?" Is it like the drinking laws, where if the key is in the ignition, that's enough?

thePITman;1251325 wrote:As the OP, let me make my personal stance clear. I'm in agreement with those that say a simple "ban use of all mobile devices" law would be good, and would eliminate any doubt. But since they are specifying "texting", that is why I'm asking for the definition of "texting", and how it will be enforced, etc.

I'm not even sure that would work, though. I'd just prefer to be left alone, and if I cause an accident, whether because I was texting or because I fell asleep at the wheel, I should be held fully responsible. I think that trying to legislate the specific kind of distraction is frivolous.

Sykotyk;1251353 wrote:The biggest problem with this law (and not just in Ohio, but all states) is that it's already against the law to drive distracted.

Precisely why it's redundant.

For what it's worth, I have a BT setup for hands-free use, but that should be up to my discretion, and I should simply be held responsible for any ramifications.

thePITman

O-Trap;1251485 wrote:I'm not even sure that would work, though. I'd just prefer to be left alone, and if I cause an accident, whether because I was texting or because I fell asleep at the wheel, I should be held fully responsible. I think that trying to legislate the specific kind of distraction is frivolous.

Are you against it being illegal to drink and drive?

O-Trap

thePITman;1251584 wrote:Are you against it being illegal to drink and drive?

Believe it or not, yes.

thePITman

thePITman;1251584 wrote:Are you against it being illegal to drink and drive?

O-Trap;1251593 wrote:Believe it or not, yes.

Thanks. Just wanted to make sure.

O-Trap

thePITman;1251655 wrote:Thanks. Just wanted to make sure.

No worries. When this topic comes up, I usually ask why people don't want drinking coffee and driving illegal. It is known to cause quite a few accidents.

jordo212000

O-Trap;1251659 wrote:No worries. When this topic comes up, I usually ask why people don't want drinking coffee and driving illegal. It is known to cause quite a few accidents.

Lol

O-Trap

jordo212000;1251668 wrote:Lol

Pretty much. It sounds silly because we don't think about it, but putting some travel mug in front of your face and tipping your head back, not to mention the care to avoid spilling and the driving issues you're likely to have if you spill hot coffee all over yourself, doesn't really seem any safer than checking a quick text.

jordo212000

O-Trap;1251671 wrote:Pretty much. It sounds silly because we don't think about it, but putting some travel mug in front of your face and tipping your head back, not to mention the care to avoid spilling and the driving issues you're likely to have if you spill hot coffee all over yourself, doesn't really seem any safer than checking a quick text.

I was mainly laughing at the assertion that driving while drinking coffee is comparable to driving drunk

EDIT I think I misunderstood the earlier posts.

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Ohio's new texting-and-driving law