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Old 08-29-2013, 10:42 AM   #1
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Texting and driving

A driver crosses over the centerline and smashes into oncoming traffic which results in a fatality. The driver and his girlfriend were in the habit of texting one another 100s of times a day. She knew his schedule, she knew he was driving. The driver was found guilty of negligent manslaughter along with many other charges and civil suites.. Should the girlfriend be held accountable?

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Old 08-29-2013, 10:52 AM   #2
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No cause he didn't have to answer any screwed-up person who would be texting that often.

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Old 08-29-2013, 11:16 AM   #3
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I'll throw a bone.. If I allow one of our party guests to leave my home drunk, then I would beheld accountable as an enabler, a bartender would be held accountable as well... Texting and drunk driving, according to most all studies, are equally detrimental to safe driving. I think the enabler should be held accountable ..
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Old 08-29-2013, 11:36 AM   #4
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Quote:
Originally Posted by Rubicondon53
I'll throw a bone.. If I allow one of our party guests to leave my home drunk, then I would beheld accountable as an enabler, a bartender would be held accountable as well... Texting and drunk driving, according to most all studies, are equally detrimental to safe driving. I think the enabler should be held accountable ..
while I do not disagree with you, I feel there is still a slight difference. A drunk person can not simply set their drink down and instantly become sober, however all a texter has to do is set the phone down and they are no longer impaired. Now, is the girlfriend somewhat at fault here? Perhaps, if she knows her boyfriend schedule, then she knows about when he will leave work and how long it takes him to go from point a to point b and I wouldn't be surprised if they tell each other when the leave etc. at that point, the girlfriend knew age was texting some one who was driving and would be somewhat of an enabler. Say for some reason she didn't know he was driving, and you can't really blame her for her boyfriend stupidity.
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Old 08-29-2013, 12:09 PM   #5
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True, but it has been proven in court that she was very much aware that he was driving... I think it to be an interesting subject, one that will eventually make it up to each state's Supreme Court, then a precedent will come out of it.. I know when I get them, sometimes much to the annoyance of the texter, I don't answer back until I am parked... I have a head set,, call me..I tell them...
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Old 08-29-2013, 12:21 PM   #6
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Thats like calling someone on there cell who is a trucker on the route? Is the caller in the wrong or is it the driver who picked up the call?? Short answer is the trucker who picked up the call is in the wrong.

Distracted driving regardless of the device is wrong, period.
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Old 08-29-2013, 01:47 PM   #7
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Thats like calling someone on there cell who is a trucker on the route? Is the caller in the wrong or is it the driver who picked up the call?? Short answer is the trucker who picked up the call is in the wrong.

Distracted driving regardless of the device is wrong, period.
Do you know any truck drivers? All the ones I know have hands free setups so they can safely talk on the phone while on the road
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Old 08-29-2013, 01:52 PM   #8
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Do you know any truck drivers? All the ones I know have hands free setups so they can safely talk on the phone while on the road
Plenty of them are my friends(truck drivers), unfortunately not all use hands free like the majority of the public (who don't).

My point was in relation to the OP question: if they know someone is driving, would you text them? and if so are you guilty as well. Again, the answer is No. If your responsible enough to own a cell, your responsible enough to leave it alone while driving. If you can't do that, then consider yourself someone who puts everyone including yourself at risk.
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Old 08-29-2013, 04:29 PM   #9
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Do you know any truck drivers? All the ones I know have hands free setups so they can safely talk on the phone while on the road
I'm a commercial driver, I have a headset .. The new dot law states that any commercial driver not using a hands free device will be fined a minimum 2,750 dollars. If your rig is inspected at a scale house there is a 500 dollar fine for not having the proper hands free equipment in your tractor.. Companies can be fined up to 10 thousand dollars for allowing employees to drive without hands free devices... I has a headset way before this law took effect.. I think very stiff fines should also be imposed upon all drivers..
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Old 08-29-2013, 04:30 PM   #10
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If my dumbass Jeep knows my door is open when I shift into Drive, there should be technology to block texting from moving vehicles....
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Old 08-29-2013, 04:36 PM   #11
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Plenty of them are my friends(truck drivers), unfortunately not all use hands free like the majority of the public (who don't).

My point was in relation to the OP question: if they know someone is driving, would you text them? and if so are you guilty as well. Again, the answer is No. If your responsible enough to own a cell, your responsible enough to leave it alone while driving. If you can't do that, then consider yourself someone who puts everyone including yourself at risk.
I'm curious, there are tons of legal precedents that hold both parties accountable, and are now common law, the intoxication laws, seatbelt laws, etc.. If your friend commits property damage, theft, murder, etc, and you are with your friend, although you did nothing, or maybe encouraged him a bit , you are guilty of being an accessory to the crime, so, once again, I'm curious, what logic are you using to come to your conclusion of NO ??
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Old 08-29-2013, 04:43 PM   #12
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Originally Posted by Rubicondon53 View Post

I'm curious, there are tons of legal precedents that hold both parties accountable, and are now common law, the intoxication laws, seatbelt laws, etc.. If your friend commits property damage, theft, murder, etc, and you are with your friend, although you did nothing, or maybe encouraged him a bit , you are guilty of being an accessory to the crime, so, once again, I'm curious, what logic are you using to come to your conclusion of NO ??
You make valid points but there is no proof and evidence to hold against her that states she knows he is driving and will use his phone. Not only that, but consider if multiple people texted him, would they all be slated for trial too? Its all circumstancial to be honest.
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Old 08-29-2013, 04:55 PM   #13
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I'm curious, there are tons of legal precedents that hold both parties accountable, and are now common law, the intoxication laws, seatbelt laws, etc.. If your friend commits property damage, theft, murder, etc, and you are with your friend, although you did nothing, or maybe encouraged him a bit , you are guilty of being an accessory to the crime, so, once again, I'm curious, what logic are you using to come to your conclusion of NO ??
Did anyone force the boyfriend to use the cell? No. That's my logic. If your not mature enough to put the cell phone away when driving, you shouldn't be driving. And please don't mix apples and oranges to bait me into a debate. If your not happy with my answer, no skin of my back. Happy trails bud.
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Old 08-29-2013, 04:58 PM   #14
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I don't think that I should have to wait until I'm confident that someone isn't behind the wheel before sending them a text - or calling them on their cell phone. They're adults! They are the ones who should determine if it's appropriate for them to answer a call or text!

How do I KNOW that they are driving at the time anyway? Maybe they've stopped to get fuel or a snack? It's really not the same thing as letting a drunk drive home from a party at your house...
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Old 08-29-2013, 05:05 PM   #15
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Did anyone force the boyfriend to use the cell? No. That's my logic. If your not mature enough to put the cell phone away when driving, you shouldn't be driving. And please don't mix apples and oranges to bait me into a debate. If your not happy with my answer, no skin of my back. Happy trails bud.
I don't consider it to be a debate, just curious about how people think about it, and may pick ones brain a bit more when they reply with simple answers... Stiff laws, and accessory laws are coming quick. Young people better be ready, or they'll find themselves in jail for partaking in, or being an accessory to, a crime. Once again, I'm neither happy, nor unhappy with your or anyone else's answer, just curious... Be Good Do Good, tread lightly
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Old 08-29-2013, 05:09 PM   #16
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I don't consider it to be a debate, just curious about how people think about it, and may pick ones brain a bit more when they reply with simple answers... Stiff laws, and accessory laws are coming quick. Young people better be ready, or they'll find themselves in jail for partaking in, or being an accessory to, a crime. Once again, I'm neither happy, nor unhappy with your or anyone else's answer, just curious... Be Good Do Good, tread lightly
Fair enough.

PS I got rid of my cell phone a few years ago and haven't looked back one bit. It upsets me quite abit when I see people talking/txt'in on there cells when I'm behind the wheel. Worse is when one is behind and doing it... I just hope that full size spare in the back works to my advantage when I get rear ended :/
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Old 08-29-2013, 05:09 PM   #17
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I'm not sure how far the law will take it. Even if they start handing out misdemeanor citations the judge will more than likely drop it to an infraction, which is a maximum fee of $70 and does not hurt insurance. Either way I'm against texting and driving but I just don't if they'll be thrown in jail for it, unless it causes damage to someone else.
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Old 08-29-2013, 05:12 PM   #18
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I'm not sure how far the law will take it. Even if they start handing out misdemeanor citations the judge will more than likely drop it to an infraction, which is a maximum fee of $70 and does not hurt insurance. Either way I'm against texting and driving but I just don't if they'll be thrown in jail for it.
In several provinces in Canada, they started deducting demerit points plus hefty fines. I like the idea of losing points because that hurts your insurance rate=more money out of the pocket
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Old 08-29-2013, 05:21 PM   #19
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Originally Posted by RevCo666

Fair enough.

PS I got rid of my cell phone a few years ago and haven't looked back one bit. It upsets me quite abit when I see people talking/txt'in on there cells when I'm behind the wheel. Worse is when one is behind and doing it... I just hope that full size spare in the back works to my advantage when I get rear ended :/
I commute daily on a motorcycle. These are the people who worry me thee most. luckily the local law dogs have been cracking down on it more

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In several provinces in Canada, they started deducting demerit points plus hefty fines. I like the idea of losing points because that hurts your insurance rate=more money out of the pocket
I like that points idea. I really hope that takes hold here as well

One off the nice things about my primary transport being a motorcycle is that call or text, it doesn't mater. I couldn't answer if I even wanted too
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Old 08-29-2013, 05:27 PM   #20
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There's a guy on this site (I won't name him) but was bragging about txt and driving in his jeep + posting on a thread like this one... Man, I wish they would of banned that guy permanently. Worse is he's a family guy with kids... Just makes me sick.
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Old 08-29-2013, 06:03 PM   #21
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People don't realize what the risks are until something actually happens, in which the damage is already done. People just need to not rely on their phones 24/7
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Old 08-29-2013, 06:59 PM   #22
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I'm curious, there are tons of legal precedents that hold both parties accountable, and are now common law, the intoxication laws, seatbelt laws, etc.. If your friend commits property damage, theft, murder, etc, and you are with your friend, although you did nothing, or maybe encouraged him a bit , you are guilty of being an accessory to the crime, so, once again, I'm curious, what logic are you using to come to your conclusion of NO ??
This is a bit jaded. To Aid and Abet, one must have prior knowledge of the intent of another to commit a crime before that crime is committed and facilitate, participate, or support that criminal activity (in MOST states and by federal definition).

Like ....
A bartender *over-serving* a patron who they believe to be responsible for their own transport...
A person that allows people in their vehicle / on their property to violate laws...
A person that takes another to a dope house for the explicit purpose of buying drugs...
A getaway driver for a robbery...

Personally, I do not see how on Earth you could hold someone responsible for texting another unless they knew, for a fact, it would result in that person violating the law. I do not think that can be proven, only confessed. For instance, if I told you, "Hey man, if I EVER text you driving, don't respond." Then one day at a gas station you drive past, and because I am a daredevil I text at the gas pump (Oh No! ) to say only that I saw you. You respond to say "ha!" and slam head-on into a bus full of nuns coming from the orphanage to take the youngin's on their yearly trip to the park. They fly off the cliff and kerplode. Am I responsible? Did I have prior knowledge of your intent to negligently force people off the road? Negligence in itself is rarely premeditated, so how can there be an 'accessory' to it? Perhaps if texting was unlawful while driving, and if you could prove we never had our hypothetical conversation about texting and driving (or could prove it happened the other way, me insisting you reply), and if you could prove I knew, without a doubt, you were driving, and if you could prove I texted you repeatedly until I got a response or somehow knew, again without a doubt, that you would reply (or attempted to intentionally facilitate your negligence), perhaps then we could ask a dozen peoples opinion about that. I don't see it sticking though, IMO.

She knew he was driving... so what? Where did she intentionally facilitate negligence?

And just to stir the pot... what about email? Our new law deals with mashing buttons, not texting. Replace the above with email, and it becomes comical to imagine aiding & abetting, no?
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Old 08-29-2013, 09:21 PM   #23
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And just to stir the pot... what about email? Our new law deals with mashing buttons, not texting. Replace the above with email, and it becomes comical to imagine aiding & abetting, no?
Wow! That's a really good point! Kind of gives the whole thing a different perspective.
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Old 08-30-2013, 08:09 PM   #24
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No. She didn't enable him to do anything criminal. That was 100% his choice to read it while driving. He could have very easily pulled over if it was that important.
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Old 08-30-2013, 08:47 PM   #25
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Just because the driver gets a text he doesent have to respond.She isnt telling him to answer right then.Maybe she thinks he is going to pull over or wait to answer it.How could anyone prove different?

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