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California Attorney Rails Against Distracted-Driving Laws

He claims drivers' civil rights are being violated by police officers who use the laws as a pretext for making traffic stops.

By Claire_Martin Jun 1, 2012 1:54PM
Audi A6 photo by AudiDistracted-driving laws, which now exist in some states, are meant to curb drivers' urges to do things such as text, talk on the phone or eat while behind the wheel. But according to a California attorney, police are using them as a pretext for stopping and investigating drivers who aren't necessarily doing anything illegal.

"These laws give police officers yet another pretext to fabricate traffic stops," attorney Peter Johnson of the Walnut Creek firm Johnson & Johnson told the San Francisco Chronicle.

Reporting by the Chronicle shows that 68,000 distracted-driver citations were issued to Californians in April -- most for the infraction of texting while driving. But Johnson claims so-called "pretext stops" are a real issue and violate drivers' civil rights. 

"People are stopped every day for suspected cell phone use or other diversions and then subjected to interrogation for unrelated matters and to searches of their automobiles and of their person," Johnson said.

Not all states have distracted-driving laws on the books. Ten states, along with Washington, D.C., prohibit all hand-held cell-phone use; of those, nine allow police officers to stop drivers without any other traffic offense taking place. Thirty-nine states and Washington, D.C., ban text messaging while driving; all but four of those consider it a primary offense, not requiring another traffic infraction for enforcement.

Some local laws have also been passed regarding distracted driving, but several states prohibit localities from enacting such laws. All of which raises the question of whether there's any enforceable federal distracted driving legislation: Currently, the answer is no. 
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3Comments
Had it in CA
Jun 4, 2012 5:28AM
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One can only hope that this moron gets involved in a head-on collision whith someone who was texting while "driving"!
mess with Mike
Jun 4, 2012 12:40PM
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I find CHP already almost useless, but if they can stop someone from killing you because they were texting there friend on where they should go to dinner then I'm for it.

Plus if a family member was ever killed by a distracted driver you would see him changing his tune real  quick. Come to think of it maybe someone in his family should be killed by some fool texting nonsense like most is, just stupid conversation mostly.

spillerbd
Jun 4, 2012 6:41AM
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"these laws give officers yet another pretext to fabricate"...... really "Fabricate"

Carefully vague in not applying that statement to a specific officer or depratment, otherwise he could explore the meanings of "Slander".

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