No joy of text; Albuquerque bans driving while texting

A front page article in the July 24, 2009 Albuquerque Journal discusses “The High Price of Driving and Talking.” (Once I figure out how to do links, I’ll link to the article).  Albuquerque is famed for its DWI checkpoints, but  DWT checkpoints for Driving while talking or texting are on the horizon.  Hollywood has glamorized bank robbers and serial killers. It is doubtful that there will be a movie called Natural Born Texters.
Considering all the hoopla about texting in the article, perhaps it might be time for a film, well a documentary at least.
The article lists the fees if a person takes his or her case to court. It can cost up to $185 for a first offense, but the article quotes City Public Safety Director Pete Dinelli. “Our goal is to send a very strong message to use a hands-free device…If it is your first offense we will dismiss the citation provided you brings in a hands-free device. But if it’s your third or fourth go-round, we are going to pop you pretty good.”
Unlike the ubiquitous red light violations, the “popping” will take place in Metropolitan Court before a judge as opposed to a city administrative hearing.  An offender also has the option of community service.
Guilt must be proved beyond a reasonable doubt. That means officers must show up in court for a trial before a judge in order to make the case. A defense attorney could ask for a belt tape of the alleged incident.  An officer could miss a DWI third jury trial while stuck in a cell phone violation hearing, putting further strain on the system.
Independent studies need to be done that focuses on several factors.  Is enforcement of cell phone violations done fairly? One member of a minority group indicated that he felt  unfairly targeted. Are certain cars or certain drivers more likely to get “popped?”  Do the economics really work or is there an inordinate impact on someone who can’t afford a hands-free phone? Is a cell phone ban really increasing public safety?
 Los Angeles recently passed a cell phone while driving ban. In the movie, True Romance, a big drug deal was negotiated by Director “Lee Donwitz” while speeding in his BMW up the Pacific Coast Highway. Talking on a  phone can be grounds for a stop. If it discourages drug deals, perhaps a cell phone ban could be a good thing.

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