Laser Interceptor Dual, Laser Interceptor Quad, Valentine 1 & The Escort 8500 X50 - Blue, Uniden BC296D, GRE500, Lasershield, 2011 Kia Soul +, Yamaha FZ6, 2005 Black Dodge Neon SRT-4,
Finally, they do something that makes sense.
While a policy may be enacted to forbid Turnpike Commission employees from texting while driving their vehicle, there is no law regulating cell phone usage in Pennsylvania for all drivers.
You could be cited for careless driving for texting while driving (which *should* hold up in court) but if you can prove that you didn't have a careless disregard for the safety of others, such as if you were driving perfectly but still texting, you might be able to beat the ticket. I can't really think of much else you could be cited for, unless you commit a driving offense...there's no distracted driving laws in PA either.
While I guess if you can successfully text and drive it's ok, I don't condone it regardless of if you're perfect at it or not. It only takes one thing to happen (like a deer to jump out in front of you) to screw up your success.
The best way they could reduce distracted driving on that road would be to do something about the ridiculous 65 MPH PSL. When maintaining the legal speed limit just requires cruise control and thigh steering, undisciplined drivers will inevitably find something else to occupy themselves with. If it's not a cell phone it'll be eating greasy food, doing their makeup, getting road head, etc...
This why you do not need to create another law for texting, police just need to cite you for careless driving or something similar on the books. There is no defense, since the stand driving practice is to drive with both hands on the wheel at all times.
The officer's justification is the persons was driving erratically, which most people do, or they were driving slow, or was not using turn signals.
I can always tell when someone is distracted and talking or doing something on the cell, 90% when I see the above, i can see them on a cell, or they are doing something else stupid, like reading something, putting on makeup, or smoking.
They just need to use the laws they already have, If towns really wanted to make money they could go out and ticket every person on a cell, and ticket them for reckless driving and be done with it. In PA there is no limit on how many tickets they could write like this, unlike speeding which they can only make 5% of there revenue from speeding tickets.
In my own knowledge and experience of the magistrate district courts in PA...there's a lot of defenses that people use that actually work. I've seen people get out of a careless driving citation for this very offense, which is why I brought up that factor. It *should* hold up in court, but doesn't 100 percent of the time.
Specific laws target specific events. Not everything can be covered which is why a blanket law is nice to have (like a 3111(a) for other traffic offenses) but for something like this I still personally believe that a specific law should be enacted to prohibit texting or cell phone use. That way, every possible circumstance of a person texting while driving could be covered.
Yeah I have seen girls driving down the road with the phone in one hand doing the number pad texting while driving and never talking the eyes off the road. Kids in my son's school text while have the phone in their pockets so the teacher do not see, yes it can be done, but if you can do two things at once they mostly likely you're not reckless.
The reason people beat tickets is because the officer fails to do their job, they come in and think just because they said you did something that is all that matters, their own ego beats them.
before cell phones the number one reason someone was distracting while driving was messing with the radio, so why didn't they make law to band that, because it was too hard to prove, the police can not see if you are playing with your radio. After that was yelling at their kids, so why not band yelling at your kid or not allow you to have kids on your car until they can behave themselves, because it would not be popular and too hard to enforce.
Cell phone laws are easy to enforce, the officer can see it. They fail to past laws that address the issue, which is poor drivers, get rid of the poor drivers and you get rid of the problem. But our government in it infinite wisdom rather you life be at risk from poor drives than give up the money they make form all fines and associated costs they get to tax due to having everyone on the road whether they deserve to be there or not.