Talking and Texting while driving - Now a primary offense - (Test your skill challenge!)

Very valuable article Jeff!

I take it one step further, I have 4 teenagers and when they  are in the car with me, I know they are watching how I handle aggressive drivers, if I race through yellow lights, and how aware I am of what is going on around me. I want them to be good, safe drivers and if they are watching my example, then texting while driving or talking without bluetooth, taking notes while flying at 65+mph on the freeway isn't a good example for them.

They might take a drivers education course, but who have they been watching drive for 16 years???

This law is something that REALLY irritates me. Is it bad to text and drive? Yeah, I'll give you that. It's bad to watch TV and drive too - is that a primary offense? It might be, but I don't think it is. Is it bad to apply makeup and drive? Yeah, I'd say even more dangerous. Is it bad to read a book and drive? Yeah. Is it bad to eat and drive? Yeah. Are any of those items illegal and primary offenses?

If you are smart, you can mitigate the danger of texting and driving - obviously don't do it in heavy traffic, or in areas of pedestrian traffic... but when you're the only car on the highway for miles of straight interstate, I'm going to go ahead and wager it's no less safe than any of the aforementioned activities. Safer even.

Do you all remember that recently a semi truck driver was eating and driving, and choked on his food and plowed his SEMI TRUCK into a house? Thankfully nobody was injured, but CLEARLY eating poses an immediate threat to everyone else on the road - or in their homes.

Let me ask you this: If you had a 64 oz. Super Mega Big Slushie full of cherry flavor syrup that you're sipping from and a child jumps out in front of you, are you going to pause that extra tenth of a second to consider what 64 ounces of red sticky stain will do to the interior of your car before you drop it so you can regain full control and avoid hitting the child? What if that was simply a cell phone?

I know I would definitely hesitate before throwing the Slushie, whereas I would have no qualms about throwing my Blackberry. Yet it's perfectly legal to drink (non-alcoholic items) and drive.

Texting and driving, even talking and driving is not the problem here. The problem is that it is FAR too easy to obtain a driver's license in this country (and Canada I belive as well). The driver's education programs are a joke. The state testing is a joke. The financial requirements are a joke. And finally, the punishments are a complete joke.

My family friend Mike was killed while riding his bike when the driver of a Jeep decided to turn around and get something out of the back seat. He drifted out of his lane, hit a couple of parked cars, and then slammed into Mike - who was riding legally, wearing a helmet and proper riding attire. Mike's face bounced off the Jeep's windshield, and then he was flung into a rock wall. Several days later we pulled him off of life support. The driver of the Jeep will have to live with this for the rest of his life. He was convicted of careless driving and ordered to pay a $250 fine.

How many people do you know who do not have driver's licenses yet still continue to drive? The State of Washington suspends driver's licenses for parents who owe a significant amount of back child support. I know of two people who were driving without licenses because of this - and that's just the two I know about.

I know of at least one real estate agent here in town who was arrested a few months back for crashing his car - driving drunk WITH a suspended license because of a prior DUI. Yet he still works today, driving clients around without a license.

If you really want to make the roads safer, forget this stupid stuff like no texting and driving, no talking on the phone and driving, and get to the root of the problem. Driving is a privilege, NOT a right. Make it challenging to get and to KEEP a driver's license. Make it HORRIBLY expensive to screw up. Drunk driving - which I know a LOT of agents do (work hard, party harder) - should result in crippling financial woes. Impound and crush the car, ANY car they're caught driving in.

How many elderly people plow into crowds of people every year? The driver's licensing program needs to have not only eyesight testing, but also dexterity and strength testing. Test driver's reaction times. Test their reactions to unpredicable things. I think EVERY driver should partake in a high performance driving school.

If you cannot react and recover from a tail-out slide due to sand or ice on the road, you shouldn't be on the road. When I was 15 and driving around with my dad while getting practice for my drive test, he told me to hit the gas going around a corner. Neither of us saw the sand in the corner, but we both saw the 4' deep ditches on either side. Before he could reach over to try and adjust the steering angle, I had already corrected and was powering through the slide and we came out safely in the lane of travel I intended.

Everyone should take their drive test on a closed course in one of those cars that have extra casters mounted underneath in order to test their reaction to unintended slides. I know a lot of people who would never pass the drive test, and I would be perfectly OK with them never getting their licenses. Sadly though, the Government would rather let them loose on the road rather than make it safer for the rest of us.

This new law is much like the drivel that came about from 9/11 - it's all fluff designed to make US feel like the Government is looking out for our best interests and making us safer, when in reality is that it does nothing.

How many of you are going to continue to text and drive? How many will continue to talk and drive? I know I will. Sometimes, I'll have a heated discussion with my passengers too, which is every bit as distracting. I'm also going to keep eating and driving, and drinking (non-alcoholic) and driving. And yes, I'm going to keep getting things out of the back seat while driving, even though my friend Mike died because someone did that.

Why? Because it's not the activities that are the problem, it's the lack of attention to what is going on in front of the driver that is the problem.

I know my opinions aren't going to be popular with a lot of people, but hopefully some will realize that this is just another touchy feely law that isn't going to really do anything. Our legal system needs a complete purge and re-write. There is so much CRAP on the books, like this, that it just clouds everything. Did you know it is illegal to have an unsecured speaker box in your car? Sounds like a no-brainer that you wouldn't want to have wooden boxes flying about inside your car, but it's more common than you think. A high school girl died in a car accident because her head got crushed by a classmate's speaker. The other classmates got together and somehow got it passed into law.

http://apps.leg.wa.gov/RCW/default.aspx?cite=46.37.680

Ok, but what about the TV when you are moving? Nope, doesn't have to be bolted down. Actually, nothing has to be bolted down in the car except the car stereo equipment. You could leave a set of billiards balls on the back window of your car and it would be stupid, but legal and every bit as deadly.

The simple fact is that due to a couple of tragic events, legislators are attempting to buy votes by making themselves look good by protecting the public from these dangerous habits. What about the hundreds of other equally dangerous things? What about the things that are illegal already and not enforced? What about the things that are illegal and are enforced, but the punishments are a joke?

I read in the Realtor Magazine email sent out the other day that Commercial agents should be working on government contracts. The federal government is expected to need an extra FIVE MILLION SQUARE FEET of office space before the end of the year. Who is paying for all of this? Why?

I'm going to go ahead and cut this short before I really go off on a rant. Just be aware that this law doesn't make you safer, it just imposes a $124 fine for people who are caught. What next? Law enforcement given the right to search your phone for call and/or text records when called to the scene of an accident? Goodbye freedoms! We will miss you!

One more thing - teaching our children.

I live across the street from a (burned out, slowly being repaired) middle school. Across the other street is the municipal courthouse parking lot, and a block down is the police station. I cannot tell you how many times EVERY DAY people drive the wrong way down the one-way street, fail to stop at the stop sign, speed, or break a number of other laws.

Seriously, parents - teach your kids that a stop sign means stop, even when you're on your bike.

I witnessed a near-collision between three cyclists the other day because one guy decided the stop sign didn't apply to him.

But damn those cell phone users for endangering everyone around them!!!

Wow, that test was real tough and definitely got the point across.

I was 23% slower while texting and missed 8% more gates.

Great reminder Jeff. Im glad this was featured.

The test is somewhat misleading. Obviously if you're dodging toll gates, you're not going to actually respond to text messages no matter how much you like to text. You could create another test and see how well you can eat a jumbo burger or sub with 2 hands while driving - and everyone would experience similar results.

I was going to text this comment but waited. Thanks

Ty

I am so glad you raised this issue.  I also watched the Oprah show and until then, I argued with everyone about texting while driving.  I thought I could handle it and probably spent about 80% of the time I was driving trying to also text and read and respond to emails on my Blackberry.  I have sworn it off the last week and I actually find that when I am driving, I now listen to my motivational cd's, take time to think about what I have to do, and when I get to my office, I am more focused and respond much better.  I have taken it one step further and actually stopped texting and emailing when I am with my family.  It made me realize that I can actually take 15 minutes away from the phone.  Once I saw the Oprah episode, and once the people on here read your blog and take your test, we are all aware and if we cause an accident or take a life, we cannot excuse ourselves.  No conversation is so important that it would be worth living with that guilt for the rest of your life.  Thanks again for posting.  This is the first time I have ever replied and have been reading these for over a year.  I feel very passionate about this!

Wow...just don't do it...you may be able to do it and get away with it but it will catch up to you....just don't do it...

Dennis - the same could be said for eating, drinking, smoking, reading, talking, applying makeup, sexual activities, etc. Why should a few specific activities get singled out? We already have laws on the book for inattentive driving, why add more laws that don't actually do any good?

Do you not realize the #1 priority of government is to justify their existence? They do things that make them look important, so we will forget about the fact that they're wasting our money, giving themselves raises, and appointing their totally unqualified friends and family members to high-paying government positions.

Why do we applaud our legislators for wasting our money?

I had the privilege of driving across Montana in 1998, the last year that "reasonable yet prudent" was the speed limit there. I set my cruise control for 95 mph, and left it there for hours.

Granted, 95 on most of the I-5 corridor would be asinine, but personally I think that 60mph is just as bad in most cases. Really there needs to be a point where we start taking people off the road.

Did you hear about the woman in Michigan who ran her car into the hair salon? She thought she was standing on the brake, but it was the accellerator. She's 82, and will likely receive a citation for reckless driving.

How about take away her license? She's clearly not fit to drive any longer. Pretty much the same thing happened with an elderly man who plowed into my mom's car back in '92. He thought he was on the brakes, but instead hit the gas.

At some point we need to draw the line and say anyone over the age of ____ has to pass a physical and mental competancy exam in order to keep their license.

Do I speed? Sure, and I've had several opportunities to speak with Washington's finest because of my disregard for interstate speed limits. I'll admit it, and I'll be the first to say that getting a speeding ticket has never significantly impacted my driving habits for more than about 30 minutes. Ben Kinney and I share the opinion that due to the sheer number of hours we are on the road, it is more cost effective to pay a lawyer every now and again to get a ticket dropped than it is to slow down.

Will this law really change anything? Maybe... maybe not. I was talking with my girlfriend about this last night while sitting at a light and the girl driving the car next to us started to run the red light while texting, because the left-turn lane got a green arrow and started moving. It got a chuckle out of me anyway.

There are a slew of laws on the books that should be enforced, a slew of laws on the books that should be dropped, and a bunch more that should be re-written. I would love to see the zero tolerance laws and policies dropped in regards to weapons on school grounds. Technically, I'm breaking the law whenever I drop my girlfriend's daughter off at school in the morning, because I have a pocket knife with me in my car. God forbid I were to get caught on school grounds - in my own car mind you - carring a pistol. I do have a concealed pistol license, but it seems that if I were to drop the kid off at school I would have to place it on the sidewalk out by the street before driving into school in order to remain legal. How silly is that?

I'll stop myself there though. No need to get off on another rant.

Have a great afternoon!

There already are systems that parents can install in their cars that utilize GPS to track the routes and speeds of their vehicles. It's a simple matter of time before the Government decides to pursue that as a revenue stream for law enforcement. There is already a little black box recording your every input, just waiting for an impact to permanently note your speed, brake and throttle input, and with higher tech cars your steering angle, yaw, and all sorts of other data. It's all there, just waiting for the police to download so they can decide what charges you might be a candidate for.

Yes, we are far off on a tangent here, but it definitely seems like you're advocating Big Brother for the overall good. This is something we will never come to agreement on. Our second amendment is in place because our founding fathers KNEW there would be a time when the people would need to rise against an oppressive government, and the only way the people could possibly do that is if they retained their right to keep and bear arms.

But I'm not talking about just guns here. I carry a pocket knife every single day of my life. I have since I was old enough to ride my bike down to the local hardware store and I bought my first Uncle Henry.

How many people have I stabbed? None. In the two years or so that I've had my concealed pistol license I haven't shot anyone with it either.

I carried a pocket knife EVERY DAY I went to high school and every day at college. Why? Because it's a tool and I use it ALL the time. I carry it every day to work as well. What do I use it for? Opening envelopes, cutting paper, stripping wires, breaking down cardboard boxes, cutting zip-ties, trimming hanging threads on clothing, scraping paint, whittling, cleaning and trimming my fingernails, getting crud out of my teeth, you name it.

I can certainly understand wanting to feel like your children are safe, don't get me wrong here, but making it illegal does not make it safe.

Not only does it keep law abiding citizens from being able to defend themselves, but it also makes otherwise law abiding citizens into criminals simply because they're carrying a gun or knife and happen to step in the wrong place.

I'm all for prosecuting criminals to the fullest extent of the law, but there needs to be intent as well as action. If someone brings a weapon onto school grounds with the intent of shooting people, then yes, go right ahead and throw them in jail. Chances are that they're not legally carrying anyway.

If every single gun in the world, every single weapon were to be destroyed all at once, then I would be the first to jump on board and get rid of mine, but until our military is disarmed, the people should remain armed as well.

Ok, enough of the gun rights rant...

I don't want to live in a world where every move we make is monitored and scrutinized. I don't want to live in a world where a computer screen on a wall yells at us and dispenses a citation if we say the wrong thing or if we do something wrong. I've seen that movie, and it sucked. I've read that book, and it was horrible.

Somewhere in Bellevue - Hunts Point or Medina I think - they have video cameras recording every single car as it comes and goes. Last year I read that they cited someone for hit and run based upon those videos - the vehicle was undamaged when it entered the area, and damaged when it left. There were no witnesses of the actual crime, just video of a vehicle coming and going. Is that conclusive proof that the owner of the vehicle committed a crime? No, it's certainly not!

It's not a long stretch to imagine someone sitting behind the camera with a computer system automatically running license plates of vehicles coming and going, and alerting police whenever someone suspicious drives by. Got a criminal conviction on your record? I hope you enjoy being followed simply for driving by a camera. Are you borrowing your neighbor's pickup? You better hope he's not a convicted child molester, because you're going to be heavily scrutinized until you leave.

I'm all for having zero crime, but if it comes at the cost of EVERYONE being treated like a criminal, I'm not having it.

Maybe I've got a two-button autotext reply set up to say "OK" and I hit that while sitting at a stop sign, then I pull out at my turn and get slammed into by someone who ran the stop. What then? The police come and the other person says I pulled out right in front of them because I was on my phone - with a recent text message sent from my phone of about the same time of the accident, am I guilty automatically? Does my insurance go up? What if I didn't reply, but only read it? Or what if I didn't even touch my phone, and the police decide to cite me because I simply received a text message while driving?

Back to the GPS speeding tickets - so you're driving along and you're about even with the front tire of a semi truck, and the semi starts merging into you. If you hit the brakes, you'll get run over by his trailer. If you swerve you'll smash into another car. What's left? Hit the gas - and instantly get a ticket printed out on your car navigation screen?

There are plenty of valid reasons to violate just about any law on the books, having systems in place with absolute black and white, no discretion, 100% guilty no matter the circumstances is criminal in itself. and it's indicative of a society that I don't want to have any part of.

My argument isn't that weapons have a place in school, but rather the zero tolerance afforded by the laws are completely stupid. I sometimes carry a pistol while going about my daily business, and if called to pick up my girlfriend's daughter because she's sick, or missed the bus, why should I be forced to drive home, lock up my pistol, and then drive back across town just so I can drive onto school grounds? It's asinine, especially if I don't even leave my vehicle. 

It ties into this texting law. How can officers proove that an individual was texting someone and not selecting a new song on their iPod - which by the way is every bit as distracting. If we're going to make texting a primary offense, so should iPod-ing. And if that's an offense, so should surfing through the menus on XM radio or a stereo with integrated iPod controls, and so should manipulating the GPS that we all use on a daily basis.

Zero tolerance policies are stupid, plain and simple. People will get punished when they should not, and the vast majority won't alter their habits at all.