NY Proposes Legislation to Check Phone After Accident

[ABC]

Texting while driving is just as bad as drinking while driving — or worse. And although there's a breathalyzer to determine if a car accident was caused by a drunk driver, there's still no device being used to determine if an accident was caused by a distracted driver.

 

However, that might change soon with a "textalyzer" — technology that could examine a smartphone and determine if it was being used prior to or during a car crash.

 

The technology was introduced in a first-of-its-kind legislation proposed in New York. The bill, which is still in committee, hopes to implement a field testing for use of cellphones and other potable electronics while driving after an accident of small collision.

 

If approved, police would be able to administer the test on the side of the road just like they do with breathalyzers. Those who refuse to submit their phones for testing could risk losing their license.

 

 

 

http://www.nydailynews.com/news/national/proposed-legislation-introduce-roadside-textalyzer-article-1.2597839

 

[nate]

If this weren't a huge invasion of privacy I would be all for it.  Texting while driving is incredibly dangerous.  We have an old acquaintance that was killed recently by someone driving and texting.  Prosecutors tried to charge the worthless sack of shit that did it with vehicular manslaughter but the judge denied it.  They aren't even going to get jail time.

[Jason]

I guess if you die in the accident it's OK to check your phone then. Otherwise, no way.

[mtangelsfan]

No

[gotbeer]

This will probably be under the category of

 

Police can't search your car without permission

You don't have to submit to a breathalyzer, because that is self incrimination

 

Phone in courts has been shown to be private property, and that search of the phone needed a search warrant.

 

So my thoughts are, the NY courts will make search of the phone part of the agreement of a drivers license.  Similar to breathalyzer.  You can refuse, but refusal means you lose your license for a year.  Because a license is a priviledge, not a right. 

[ten ocho recon scout]

Pretty accurate GB. But, if there is probably cause to suspect, the phone could be seized and a warrant obtaoned later to search it as well

[Thomas]

Guess it'd be helpful if one was alone in the car. Kind of useless if multiple people are in the car. Hard to prove who was using the phone in that event.

[Jason]

If I have to send a text or e-mail while driving I will have my daughter or wife do it for me so yeah I don't see how they can prove I used my phone. What's next, cameras in our cars? Hell, they're probably already there so nevermind

[gotbeer]

If I have to send a text or e-mail while driving I will have my daughter or wife do it for me so yeah I don't see how they can prove I used my phone. What's next, cameras in our cars? Hell, they're probably already there so nevermind

 

With all the scammers and psycho's out there.  Camera's in car is slowly becoming a must. 

[ABC]

I have cameras in my car.

[Jason]

I drove old pieces of crap so I guess I'm good for now