New 2009 Public & Traffic Safety Rules

It's that time of year again. New laws.

As far as traffic safety goes, the legislature has come up with the following new laws:

1. Text Messaging (SB 28/Simitian) This new law makes it an infraction to write, send, or read text-based communication on an electronic wireless communication device, such as a cell phone, while driving.
2. DUI Probation License Suspension (AB 1165 Maze) A change in the driving under the influence (DUI) law creates a new authority for DMV to administratively suspend the driver’s license for one year under a zero tolerance standard. The new law authorizes law enforcement to issue a notice of suspension and impound the vehicle of a person who is driving with a blood-alcohol concentration (BAC) of 0.01 percent or greater while on court-ordered post-DUI probation.

(taken almost verbatim form the California DMV's website).

Maybe by 2010 they'll think to specifically prohibit emailing, playing with your iPhone's GPS feature, video games, and taking photos of the marquis which warns against texting while driving...uh, while driving. None of the above, perhaps STILL legal activities, are adviseable, irrespective of the absence of artfully worded legislation and legislative foresight.

More to follow after I assign my law clerk to research Proposition 9 and other laws affecting the public safety and the rights of the accused.

Never Drink (and Drive) and Dial!

Common sense has it that driving with a cell phone pressed to your ear is a dangerous activity. At last Senate Bills 1613 and 33 have arrived. Well, almost. As of July 1, 2008, you MUST either abstain from cell phone use while driving (gasp!) or contribute to the soaring profits of the makers of Bluetooth compatible devices. And, if you are under 18, you must refrain from cell phone use, while driving, altogether. However, driving while working to establish and maintain a link between your Bluetooth device and your cell phone, which is more of a distraction than holding the phone to your ear after pressing the speed dial button, is still legal (if not encouraged) by these new laws. Let's hope that this predictable, "Oops! I forgot to locate and activate my Bluetooth device" sensation (which I have already experienced a number of times while driving), does not result in more accidents. The best idea, of course, is to pull over and figure this out. This remains so in spite of the enduring legality of the act of hunting through your car's center console in order fidget with little buttons while driving.

I will here issue my final warning that this new law is going cause many traffic stops. After all, this is one of the easiest law violations for the police to identify and I predict that it will cause a surge in the number of traffic stops and the myriad arrests that flow from them (such as DUI's, Driving without license, etc.)