Here's a question I have for you. We aren't allowed to text and drive, but where is the line drawn? Is selecting music on the iPod function of the phone while driving also illegal? My follow up question, which I'm sure you've anticipated, is how an officer can determine what a driver is doing on the phone at the time in question? -Nicole
That would depend on who you are listening to on your iPod. In my case if you can't bang your head to it then it's a crime (yes this old cop is a head banger).
I figured it would be much easier to post the law about texting and driving and then go from there so here it is: 49-1401A. TEXTING WHILE DRIVING. (1) As used in this section, "texting" means engaging in the review of, or manual preparation and transmission of, written communications via handheld wireless devices. This definition does not include voice-operated or hands free devices that allow the user to review, prepare and transmit a text message without the use of either hand except to activate, deactivate or initiate a feature or function.
As you can read using your iPod would not fall into this category so you would not get into trouble for texting and driving. That does not mean you would not get into trouble for inattentive driving though. Inattentive driving is basically not paying attention while driving and most times involves a crash. It is also a misdemeanor where texting is an infraction.
Officers can usually determine what somebody is doing on their phone by simply watching the driver's actions. Constantly looking down at a phone is not a usual action seen from drivers who are just trying to make a call. Driving patterns as well could be a clue.
If you are stopped for suspicion of texting and driving remember that it is usually much easier for the officer to prove inattentive driving (misdemeanor) versus texting and driving (infraction). If I was pulled over for texting and driving my best bet would be to admit to that versus the suspension and fines that go along with inattentive driving (my theory not a fact).
The best answer here though is that if you need to text and drive make sure your phone has the talk and text application (and it gets every word correct) or simply pull over then text. Your friends would much rather read a text than to read your memorial cross or star alongside a highway.
Officer Down:
Please put these officers, killed in the line of duty, and their families in your prayers. God bless these heroes.
• Special Agent Joseph Peters, U.S. Army Criminal Investigation Division
They fought the good fight, now may they rest in peace.
Have a question for Policemandan? Email your question(s) to policemandan@yahoo.com or look for Ask Policemandan on Facebook and click the like button. Mail to: Box 147, Heyburn, Idaho 83336
Dan Bristol is the Heyburn Chief of Police.
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