Wednesday, September 29, 2010

New Maryland Cell Phone Law

IMG_0152.JPGImage by bjosefowicz via Flickr
It saddens me whenever the government decides to pass legislation that basically isn't needed.  Particularly if existing laws already encompass the act in question.  Tomorrow is a day that will particularly sadden me because of a new law that will take place in my home state of Maryland.

Beginning tomorrow, it will be illegal to talk on a cell phone while driving in the state of Maryland, making Maryland the 8th state to pass such a ban.  For now, it will be a secondary offense, meaning that you can only be charged if you are pulled over for some other offense like speeding or running a red light.  However, I predict it won't be long before they make it a primary offense. (God I hate living in a Blue State).

I do not disagree with studies that show that folks that talk or text on their cell phones while driving increase their chances of being involved in an accident.  Studies show that 28% of accidents are caused by people using their cell phones in some manner while driving.  In total, 80% of accidents are caused by some form of distracted driving.

Here is why I have an issue with making cell phone use illegal.  First, under current law, if a person is involved in an automobile accident and is found to be at fault, they will be charged.  It doesn't matter whether the accident is caused by using a cell phone or some other factor.  Second, of accidents caused by any form of distracted driving, based on the studies linked above, only about a third are caused by cell phone use.  You are just as likely to have an accident while eating a Big Mac, putting on eye makeup, or changing the CD in your car stereo.  Those you can still do.

I admit, that I have been frustrated on more than one occasion because I got caught behind somebody driving under the speed limit.  Sure enough, more often than not, when I was able to get by that driver they were talking on a cell phone.  For me, that frustration isn't enough to warrant making cell phone use illegal, especially when there are so many other activities that can cause an accident.  This is just another example of what the Heritage Foundation calls the "Overcriminalization of America."     

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4 comments:

  1. with all due respect.I wish ALL STATES WHOULD MAKE IT MANIDITORY THAT TALKING ON A CELL PHOE WHILE DRIVEING WAS AGAINS THE LAW.MY WIFE AND I NARROWLY MISSED BEING T-BONED BY A CELL PHONE TALKING IDIOT THAT RAN A RED LIGHT.

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  2. I suppose it has to do with far less experienced drivers. For I do not know of any truck drivers who have had a problem with being distracted when talking on the CB radio while they are driving. Be assured that this would have been outlawed years ago if this was indeed a problem. On the other hand, an episode of "Ice Road Truckers" on The History Channel just aired a couple of weeks ago, and it showed one of their featured drivers putting his rig in the ditch while trying to hang up his microphone.

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  3. Mike, are you going to ban every activity that could cause an accident or harm a person? Life is full of risks and you can't eliminate them. People on their cell phones aren't the only people who run red lights or cause accidents.


    Fish, when I first got my license, my parents wouldn't let me drive anywhere with any of my friends until I had my license a while. They were concerned that I could be distracted. Inexperience has a lot to do with it in a lot of cases.

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  4. My parents were the same way--even after making a 100% on the written part and 98% on the driving (which the tester told my dad was a result of him never giving a 100 to a first-time driver). Oh my, I thought I was going to die until they finally let me go driving by myself just before my 17th birthday, but I suppose it could be argued that I really wasn't alone. For a CB radio was installed in my '61 Chevy Apache 10 pick-up, and I had to check-in every few minutes or face my dad coming after me. No, no one knows what embarrassment is until they can hear their voice coming over the speakers of a drive-in theater, which is what happened every time it was time to check in with my dad while I was there.

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