jpatter492

techprod1gy said:

What I know is reading a book or cellphone while driving is bad for the motoring public. It needs to stop so what is the solution to this? I see people saying constitution blah blah blah...and all the reasons why they can't do certain things. What is the solution to the problem then?

Get a warrant to search the phone.

joe28753 said:

As much as I don't like the sound of this, remember that driving is considered a privilege in most states (or all states?). So constitutionally, sure, you're well within your rights to refuse a breathalyzer or a textalyzer, but the state isn't required to give you a drivers license either. So yeah, you're able to refuse, but then they just automatically take away your license. It's like this in many states for DUI.

People keep making the comparison of DUIs and breathalyzers to texting and textalyzers but there's a key difference.  It's necessary to do a breathalyzer as soon as possible because the driver dispels the evidence over time.  Waiting even a few hours will change the results in favor of the driver.  There is no such issue with a phone.  It can be taken into custody at the time of the accident and then searched once a warrant has been received.  Or the warrant can compel the driver's phone company to turn over records of whether texts were sent at the time of the accident with no need for the phone at all.This law is just laziness and probably unconstitutional, considering the supreme court decision referenced earlier.