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Loophole found in new cell phone law

by LINDA BYRON / KING 5 News

KING5.com

Posted on June 7, 2010 at 5:53 PM

Updated Monday, Jun 7 at 5:53 PM

SEATTLE - It wasn't a drunk driver that killed 19-year-old Heather Lerch of Tumwater in February. Her parents believe she was texting while driving. Her car was smashed beyond recognition.

"I think about her every day,” said her father, Dan Lerch. “I never stop thinking about her. It shouldn't have happened."

State Trooper Keith Leary says he pulls over motorists all the time who are swerving like drunks, but are just distracted by their phones.

"So many people's attention is taken away with their phone, whether they have to hold it up to their ear or cradle it with their shoulder,” he said.

On June 10, it will become a primary offense to text, e-mail or talk on the phone while driving -- meaning you can be pulled over and ticketed without another reason for the stop. But there is an exception some critics call a dangerous loophole.

You will still be able to talk away on your cell phone as long as it's connected to a hands-free device or on speaker and not held up to your ear. The reason for that exception: so that long-haul truckers and taxis can talk on their CB’s and handheld radios.

But critics fear cell phone users will exploit that exception.

We asked citizen activist Lowell Weiss, who helped push through the new law, his perspective.

"There's been no state in the country that has yet banned all cell phone use, and so we don't think that is remotely feasible to do,” Weiss said.

Weiss hopes the new law, plus a campaign educating drivers about the dangers of any cell phone use, will encourage people to just hang up!

"It’s not safe to be talking on a cell phone, whether it’s hands-free or hand-held,” Weiss said.

On average, 152 people lose their lives every year in Washington in crashes connected to distracted driving. And the numbers are rising.

If you get a ticket, the price is $124. If your cell phone use contributes to a collision, you can also be charged with negligent driving, and that will cost you $550.

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Comments: Displaying 1 - 15 of 58

wise_up_america said on June 11, 2010 at 8:42 AM

Does this mean the police will no longer be able to talk on their cell phone? I see them each day talking on the cell phone while driving down the road. They are no better than we are. They are no different as history has shown. They still think and act as though they are some how better than all of us. This law should apply to all drivers. They drink they drive they kill what makes them so much better than any of us?

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kennovak67184564 said on June 10, 2010 at 12:28 PM

Good for you butch70! I'm with you!

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butch70 said on June 10, 2010 at 7:06 AM

As the saying goes. Hang-up and drive period. I do not have a cell phone and do not intend to have one.

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tryagain said on June 9, 2010 at 12:29 PM

I also see a lot of women farding while driving FARD Defined as putting on makeup and / or lipstick looking in the visor mirror while driving down the road.

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tryagain said on June 9, 2010 at 12:10 PM

There is also another loophole, People who ride bicycles, roller blade or walk can still use hand held cellphones. The DUMB LIBERAL GOVERNOR or her LIBERAL LAWMAKERS haven't banned that and hope it won't come to that.

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slappywag said on June 9, 2010 at 8:05 AM

I think you are all missing the big picture here. DRIVING IS NOT A RIGHT. It is a privilege granted to you by the state (us) when you are issued your license, which they (we) can also revoke. They (we) can restrict what you can and cannot do when driving. End of story. You are reading too much into this when it comes to the freedoms argument.

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cmeeverett said on June 8, 2010 at 11:49 PM

Something else which is not mentioned is that you can still use your cell phone & hold it up to your ear in case the call is an emergency. My mother is 75 years old, if she calls, i'm going to answer it, not to "chat", but to find out if it's an emergency. If not, then i will let her know i am driving & will call her later. Perfectly legal under this law, & it better stay that way.

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eliblack said on June 8, 2010 at 3:51 PM

This isn't really a loophole, it's a common sense addition to the law that allows you to safely talk on your phone while driving. A loophole would mean that it allows you to do something in violation of the spirit of the law, while still obeying the letter.

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livingdalife17 said on June 8, 2010 at 2:38 PM

@ Justaskin: It's always been legal to use your phone while driving to call 911 to report an emergency or if you are in a dangerous situation and it still will be.

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jmc1964 said on June 8, 2010 at 2:24 PM

I think the loophole is (and I saw this explained on King 5 TV)... if you need to HOLD your phone in order to use the speaker phone then that is ALLOWED. But, that's not hands free - so it's very confusing. And what about dialing? Even if you have bluetooth or a headset you still have to dial or answer - that makes it not hands free. Stupid law - as many have said before me - I'm more distracted by a conversation or my kids in the car than by holding my phone to my ear. Heck, I'm more distracted by the stupid headset than the actual conversation!!

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adamreinhardt said on June 8, 2010 at 1:48 PM

FremontTroll- Your name should say "FremontTool". You're talking about a situation where someone is texting while driving, but the story OBVIOUSLY is about a "loophole" for hands-free cellphone use. There is nothing "hands-free" about texting, so come up w/ a better argument. By the way, there are no laws on the books about surfing radio stations, dealing w/ kids in the back seat, or eating while driving. What there is, however, is Driver's Ed, which is there to teach about responsible driving, and laws which allow officers to pull over drivers who appear to be driving irresponsibly or erratically, including in the above mentioned situations. Education is usually the key. Only using punitive measures instead of behavioral modification doesn't typically work. This is simply a new problem that will hopefully pass. Lastly, what's the difference b/w talking to someone on speakerphone and talking to a passenger in the car? Unless you all suggest we ban that, too.........

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jamey said on June 8, 2010 at 1:41 PM

freemonttroll, does it really matter at that point? The PERSON already killed me, not the device. The law is piece of paper, not a concrete wall. They would have killed me, law or no law. BTW, my wife is still trying to recover from being rearended last month at 40mph by a young lady applying makeup. The law didn't protect her, or the driver ahead of her. Yes, nanny law.

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diggindude said on June 8, 2010 at 1:25 PM

and as far as red light camera's go...they are deliberately timed to optimise revenue by trapping cars in the intersection...for example, going from yellow to red faster than green to yellow...

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diggindude said on June 8, 2010 at 1:23 PM

the loophole is, wa. state has another source of revenue. its going to be this way forever. the more you invite the gov. into your personal business by acting irresponsible, the more they will use that access to take your money and freedom.

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freemonttroll said on June 8, 2010 at 11:30 AM

Will you still call it a "nanny law just to generate revenue" as you lay dying on the cold pavement choking on your own blood, with the last thing that enters your ears is an EMT saying "the other driver was texting and crossed into oncoming traffic"?

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justaskin said on June 8, 2010 at 11:30 AM

what if i want to call 911 for a potential drunk driver and i don't have a hands free device? could i get ticketed too????

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jamey said on June 8, 2010 at 10:34 AM

You all should all drive single seat cars with no radio, no food, no coffee, no kids, no smoking, no GPS, no switches (voice command only), no Cell Phones, and no gear shifts. All of these items take your eyes off the road or hands off the steering wheel and distracts you being the safest drivers on the road. Now, how absurd is that? Really, because so many of you are proposing that as the next logical step in your rational. Cell phones don't cause crashes, people cause crashes. Nanny laws can't fix stupid, education fixes stupid. Nanny laws just generate Ticket (tax) revenue.

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idealjulia said on June 8, 2010 at 10:29 AM

Just reading everyones responses. There is truth to everyones complaints and support. It just seems that every year we have more laws that restrict us from something. That parts a bit scary to me, it just seems that before to long we can't eat dinner past 6pm or we get a ticket, and so on..... The laws happen one by one but when you look at the big picture we are being controlled more and more. There is always going to be idiots but it doesn't always mean we have to restrict everyone from doing some things because of idiots.

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toots_mcgee said on June 8, 2010 at 9:41 AM

this law is ridiculous. the number one cause of accidents is DISTRACTED DRIVING. That is a very generic statement. It is not cell phones/texting alone. It's reaching for your purse/briefcase, changing the radio, swatting at a fly/bee, reaching for your coffee, eating while driving....etc. make a stiff law against distracted driving and then you'll see a decrease in the accidents. I agree that teens shouldn't be allowed to be on their phones, they're just learning how to drive. But get rid of the rest, too. Pull people over for shaving, eating, reading the newspaper/book, brushing hair, putting on makeup, reaching in the back to tend to a child, etc. These are things i see EVERY DAY during my commutes. All of these people are doing things to cause them to swerve and slam on their brakes last minute. but nobody is pulling them over. pay attention people!

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aftyleigh said on June 8, 2010 at 9:23 AM

Distracted driving includes a van full of children and a parent in a hurry to get chidren to school or practice or what have you. Unfortunately, the law itself has merit, the long term idea that people wouldn't talk on cell phones all together is an ideal that will never be upheld. The though of removing all distractions while driving is ultimately impossible. What happens in downtown rushhour traffic when 2 vehicles have a fender bender and everyone turns their heads to see what is going on? ANOTHER COLLISION!!! Come on people, besides, DRUNK DRIVING IS STILL A BIG ISSUE and what's the best you can do with them? Throw them in jail, let them sober up, give them a breathalizer start system and...??? They continue to kill more people in this country than those texting!

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puyallup_leon078 said on June 8, 2010 at 9:09 AM

Looks to me like there needs to be more police accountability in everything they do. It`s our tax dollars their playing with and all this is starting to look like LE is taking too many liberties. Theres no transperency

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repetivity said on June 8, 2010 at 8:30 AM

FACISM SUCKS!

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repetivity said on June 8, 2010 at 8:29 AM

Cops are not superheroes with magical powers to talk/type/text while driving. Hold drivers responsible IF they weave or can't responsibly control their vehicle, not for POTENTIAL dangers that you invent in your tiny little minds. You are inviting the wolf into your home.

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repetivity said on June 8, 2010 at 8:28 AM

YOU SHEEPLE MAKE ME FEAR THE FUTURE!!!

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freemonttroll said on June 8, 2010 at 8:02 AM

The physical act of talking on the phone is not the issue, when you're phone rings, or if you get a notification you take your eyes off the road to find the phone, then again to look who's calling or what the notification says. Even at slow speeds, especially in stop and go traffic, the 2 seconds it takes to look down and focus on the screen is long enough to be in the back seat of the car in front of you. There are far more citizens then police on the roads, being that police are the minority on the roads, they don't make an impact, plus I really only cops on the phone while they are pulled over. And for that chatty passenger, when the passenger is talking, they can see the same traffic as you, they wont require your attention when merging, changing lanes or going on the off ramp, they usually will let you drive and allow your conversation to continue when it's safe, not rocket science, just common sense.

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kinglerxst said on June 8, 2010 at 7:39 AM

@Baldeagle: So only one tenth of one percent of cell phone calls made by police are for police work? Wow, I had no idea!! I used to be so worried that cops weren't using their phones properly, but now I just thank God that we have you there, monitoring the cell phone conversations of every law enforcement agent in the state. It also helps me sleep better at night knowing that you are at all the police training academies overseeing the types of driver training that our police officers receive.

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baldeagle said on June 8, 2010 at 6:31 AM

What kind of training do the police get for distracted driving? NONE! 99.9% of the time when you see a cop on the phone it's not for work. Put the phone down and close the laptop!

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sirbobby98121312 said on June 8, 2010 at 5:31 AM

Certainly a bunch of whiners today - - Cops don't get magical phone training when issued a badge...they DO get driver training that should be mandatory for the rest of us. ANYONE who texts, phones, reads paperwork or eats while driving divides their attention into packets for each job: this means ALL jobs get less focus than doing just one thing at a time. Many of us manage just fine...the driver who is easily distracted is the one the cops look for. Keep you head in the game and your mind on the road.

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chuckstr76 said on June 8, 2010 at 5:10 AM

Dont worry about what the cops do while driving, they are trained to exactly that, multi-task...80% of the drivers today cant even walk and chew gum at the same time...always some moron trying to find a "loophole" around something.

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whatsyurbeef said on June 8, 2010 at 5:00 AM

The difference is the cops are not having casual conversations guys.. They're doing business, and the business is to get you playing with your little phone to give you a big fat ticket. No talk, no ticket, click it no ticket....lets go after all the idiots with windows tinted so dark you can't see their face next and give em a big fat ticket.... So whats your Beef ?

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olyboy said on June 8, 2010 at 4:33 AM

Are you suggesting that the government should tell us we are not allowed to speak to someone sitting next to us? I see little difference between hands free and that. I suggest you take a chill pill before you write your next article.

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tooldtocare said on June 8, 2010 at 4:11 AM

Why do you give officers so much credit??? I have seen them drive as bad as everyone else. They can use their radio just like they have been doing. Make them pull over to use the phone and computer. Anyone who takes their eyes off the road is in danger. I don't care who you are. I think peopel need to remember, police are just like me and you, they are human, the only difference is they carry a gun and we gave them permission to use it.

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livingdalife17 said on June 8, 2010 at 2:42 AM

Also, if you want to complain about officers using their phones and/or laptops while driving then just wait until you have an emergency and need officers to respond. Time delay in them getting to you will be longer because they would have to pull over every 5 seconds to check for status updates on their computer or to gather information. If you've never ridden with a police officer you would be suprised to find out they do a lot on the "go". Which cuts way down on response times, which people already whine about being too long sometimes. This is another reason why they should of course be able to use their cell phone/computer while driving.

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livingdalife17 said on June 8, 2010 at 2:27 AM

Of course officers should be allowed to use their laptops or phones while driving. It's there job, they have been trained to do this. It's not like they are irrisponsible people playing on facebook while they drive. They are working to protect us. They are professionals at multi-tasking and are VERY aware of their surroundings. Very few can do their job so stop whining about it.

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ramac7716 said on June 8, 2010 at 1:53 AM

make sure cops don,t use their lap top or do they have the right to do what they want

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blankingout said on June 8, 2010 at 12:42 AM

They should make it illegal to drive, Cops should pull people over for driving, I am with ex-mayor Nickels : Car-Free Days!

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livingdalife17 said on June 8, 2010 at 12:29 AM

Does anyone know if you are allowed to text while STOPPED at a stop light and not moving? Pretty sure you can't but just wanted to be sure.

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clear2copy said on June 7, 2010 at 11:36 PM

way to go for the sensational headline..this is no loophole

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benjamin222 said on June 7, 2010 at 11:34 PM

I thought the whole point of this law was to get people TO use handsfree devices... now that's considered a "loophole" to the law? Huh?

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dakotanative said on June 7, 2010 at 10:37 PM

I have seen a handful of people crash or almost crash while chatting, but there are so many holes in the law. For one, kids, radios, drinks, food, you name it is just as bad. Speaker phone is ok. How far from your face does it have to be? Will there be video?

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swatkins1983 said on June 7, 2010 at 10:27 PM

I am all for the hands free but not no use at all. Then make it illegal (sp?) to have a 2 year old in the car... I know mine can be very distractable at times.

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swatkins1983 said on June 7, 2010 at 10:24 PM

Well then what is the difference from talking to somone in your car?

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bouncer22 said on June 7, 2010 at 10:14 PM

I see both sides of this. Can't go high enough in my counting to remember running into people crossing traffic or waiting behind them while they talk on their phone. I can't remember how many times I've seen near misses because people were talking on their phone. I just wonder if they weren't talking on the phone if perhaps these things wouldn't have happened. I think most anything can distract you in the car even talking to passengers, but there is a big difference between talking with someone and pressing that phone to your ear trying to hear it. You have to put so much attention into it that you forget what you are doing. Been there done that so I can say so. Just like you. On the other side I can see the need for operators of CB's, company radios, and Ham radio to be able to use their equipment as required. I also think using these apparatus is completely different than a cell phone. I used to use company radios all the time for hours at a time and I never had any issues.

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netsjc4793351531 said on June 7, 2010 at 9:48 PM

While I applaud the law limiting cellphone use while driving to hands-free devices only, I disagree with Mr Weiss' assessment that all phone use while driving is unsafe & I am sure that a thoroughly scientific study will prove it if such data does not already exist. If what he says is true, then having a conversation with another person in the vehicle should be banned as well because it would be equally as distracting. People who use cellphones while driving need to keep in mind that their first & most important role while driving is the safe operation of their vehicle. That is paramount & should be part of driver education. Talking on a hands-free device (same as talking to someone else in the vehicle) comes second. It is important that drivers apply this 1-2 priority in order to drive safely. Public safety officers should pay be paying attention to both instances of distracted driving while they are on patrol.

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rebelle said on June 7, 2010 at 9:42 PM

I use the map on my phone to find where I am going. It is less distraction than a printed map or even a printout of computer directions. This law is outrageous. There are many things that distract people while driving but talking on a cell phone can be important if you are late or lost and it is not feasible to always pull over. For all the people that you see who are distracted by their phones there are others who are able to use the cell phone responsibly. Cell phones don't cause accidents. People who are distracted cause accidents whether they are using a cell phone or not.

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kenmis said on June 7, 2010 at 9:39 PM

I have seen over and over again that people drive while holding their mobile phone. it's frustrated me cause they drive slow than speed limit(especially when they change lanes, change lanes without signaling, ignore all signs and traffic lights and most important they have kids in the cars. But I have a question is that this law apply to law enforcement? Cause I have seen them on the phone while driving, and I know they are not on the phone for emergency. They were Laughing and Smiling when they are on the phone. I hope this law apply to everyone without exception.

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franzks said on June 7, 2010 at 9:32 PM

@anonymoususer It is not only kids that use texting and or talking on there phones without bluetooth any of the adults can also be the problem as kids teach there parents how to type

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anonymoususer said on June 7, 2010 at 8:47 PM

Kids should not have text messaging on their phones. Text messaging is causing people to become anti-social since kids are now communicating electronically and have very litle real interaction with people (besides school) cell phones and ipods are the two worst inventions - both cause anti-social behavior.

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vickied said on June 7, 2010 at 8:46 PM

I agree with lilredcv: they are trying to save us from ourselves... Talking on the phone is the same as talking to someone next to us as a passenger.. fiddling with the radio, putting a cd in.. how about changing a song on our IPod's hooked to our radio? I can understand the holding the phone and the texting/emailing etc.. but let's not go overboard. Soon we'll all be too distracted in our vehicles.. look what they are putting in them! GPS DEVICES, DVD PLAYERS... some even have computer screens.. come ON! Isn't that a bit much? All that is a distraction waiting to happen! Just give me my plain old car the way they used to make them... too many darn bells and whistles... talk about distractions. I'm surprised they haven't made a law to not be able to put make up on while driving... or read the newspaper... seen that just as much as talking on the phone! Don't try to save us from ourselves when the car companies are now putting the distraction into the cars...

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vandamme said on June 7, 2010 at 8:46 PM

Hand free device is more dangerous. To prepare for the new law, I recently purchased a Motorola bluetooth speaker. It was cheap and it was great at first. Then, I discovered a dangerous flaw. It intermittently disconnects the communication from my phone and asks me to connect again. So I press 'Yes' to reconnect. Then, the same thing happens. At that time, I was driving 60 miles an hour on I-405. For thirty minutes, my eyes were mostly staring at the phone.

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jmd005 said on June 7, 2010 at 8:41 PM

Way to gain your fees State of Washingon. California has this law in place. The fine is stiff but those who conduct business while traveling will continue to do so. Teach your kids to not text n drive or talk on the phone and drive. All these laws are because parents don't parent and the government wants to be your nanny government. It's all about the money for the government and government programs. Do you really want your government to take over? It's always about the money.

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slappywag said on June 7, 2010 at 7:45 PM

I, for one, would like to see it outright illegal to be on a phone while driving, period. Nearly every single time I have been cut off or run out of my lane in the past 5 years, it has been some idiot with a cell phone strapped to the side of their head. Fortunately, I pay enough attention to the road to keep the shiny side up and plan ahead for most of these idiots. Then you have the morons like I nearly got side-swiped by today. No phone, just an idiot. He decided it was a good idea to change lanes without bothering to look around him. How to these idiots get and keep a license?

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kbbcoop said on June 7, 2010 at 7:24 PM

another money grab..like the red light cameras that have actually made intersections more dangerous with everyone slamming on the brakes on a freakin yellow light.

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hammonda said on June 7, 2010 at 7:15 PM

Why is this news???? That is why the rule was created, and people were suggested to get hands free, so that their hands are free for driving, However, if they cannot talk and drive at the same time; just like visiting in the car with your passengers, then the driver should NOTTTTT be driving!!!

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lilredcv said on June 7, 2010 at 7:10 PM

There they go again - trying to protect us from ourselves!!

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wowee said on June 7, 2010 at 6:34 PM

How is this a loophole? This information has been a part of every story and advertisement announcing the new law.

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collegeguy said on June 7, 2010 at 6:21 PM

I love the line "152 people lose their lives every year ... to distracted driving" How many of those are cell related and how many are from playing with the radio, distracted by passengers, eating, drinking, doing makeup, trimming a beard, and other actions that could distract you? The implication doesn't actually mean they are almost all from cell phones, like they are leading everyone to believe. Not that cell phones are not a problem but many more people are responsible with theirs and implying everyone is unsafe (granted too many are and it ruins it for those who are capable of using a cell while driving) is just plain and simple wrong. Sadly, this law will not curb peoples use of a cell phone in their car that much.

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blankingout said on June 7, 2010 at 6:15 PM

They are serving like drunks because the law is making them hide the phone!

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