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Utah Law Punishes Texters As Much As Drunks In Driving Fatalities

The NY Times reports on legislation in Utah which harshly penalizes people who cause fatal car accidents while texting. Instead of merely facing a fine, offenders may now get up to 15 years in jail — the same as drunk drivers. "In effect, a crash caused by such a multitasking motorist is no longer considered an 'accident' like one caused by a driver who, say, runs into another car because he nodded off at the wheel. Instead, such a crash would now be considered inherently reckless. 'It's a willful act,' said Lyle Hillyard, a Republican state senator and a big supporter of the new measure. 'If you choose to drink and drive or if you choose to text and drive, you're assuming the same risk.' The Utah law represents a concrete new response in an evolving debate among legislators around the country about how to reduce the widespread practice of multitasking behind the wheel — a topic to be discussed at a national conference about the dangers of distracted driving that is being organized by the Transportation Department for this fall."

10 of 620 comments (clear)

  1. Actual risk? by DoofusOfDeath · · Score: 4, Interesting

    Does anyone know if traffic accident rates have gone up in recent years?

    I haven't heard that they have. But if talking on a cell phone, or texting, while driving is really as dangerous as it seems, I would have expected accident rates to rise significantly.

    1. Re:Actual risk? by Anonymous Coward · · Score: 5, Interesting

      Yes, that have, SMS is now a bigger cause of crashes than DUI. I recently had to attend a defensive driving course and there were plenty of barcharts illustrating the rise in crashes due to idiots that think they can safely read and compose messages. The figures were qualified saying that their figures only included those that admitted to SMSing, so the reality could be much higher.

    2. Re:Actual risk? by Faluzeer · · Score: 5, Interesting

      Hmmm

      Over here in the uk, it is common practice for the police to request phone logs of motorists involved in serious accidents. There have been a number of successful prosecutions of drivers where the records have shown the motorists were either texting or on the phone at the time of the accident.

      As a motorcyclist I agree with this legislation, I have enough problems with drivers not seeing me due to them not paying enough care and attention to the road without adding texting to the equation.

  2. This will work... by bogaboga · · Score: 4, Interesting

    ...as it has worked in Canada. The punishment for this kind of crime in Ontario (Canada) is so severe that only fools even dare.

    On a side note, the punishment for street racing (going 31 miles above the limit), includes the following done on the spot:

    Your car being confiscated, getting fined about US$ 8,000 and having your license suspended for at least 60 days.

    Bottom line: It works. I hope those in Utah will see similar results.

    1. Re:This will work... by MetalPhalanx · · Score: 4, Interesting

      Ummm? I don't think it worked that well. I live in Ottawa, and in the past week I've almost been clipped by stupid drivers on cell phones three times. It'd be humorous, except it happens at least once a week. Throughout this summer, I've heard street racers a good 4-6 times, which I'll admit is lower than it used to be but it's still going on.

      We have the laws, and some of them can be quite harsh, but they don't get enforced enough. It's like the no-smoking-within-9-meters (of a public entrance) law. It's there, it has penalties, quite harsh compared to the crime, but I've watched cops stop and light a cigarettes right beside the signs saying not to smoke there.

      My bottom line: Harsh penalties can make people think twice about doing something dumb, but only if they're actually enforced. Of course, YMMV depending on what jurisdiction you live in.

  3. The first texting fatality by pigwiggle · · Score: 5, Interesting

    to received a lot of attention (here in salt lake) happened a few blocks from my home. I saw it driving to work. A young kid blew the light and t-boned a girl, killing her. The intersection had just been closed when I got to it. It was horrific. I asked my wife if she saw the accident on her way to work. She left 15min before me and, as it turns out, drove through that intersection minutes before the accident. Just by chance neither of us were there when it happened. The poor girl who was killed was just 19 - the stepsister of one of my wife's good friends. There was a PS campaign afterward. Her picture was on billboards all over the city. Whenever I saw one I thought of the kid who killed her, and how he would see them wherever he went.

    --
    46 & 2
    1. Re:The first texting fatality by Al+Dimond · · Score: 3, Interesting

      Wow; I'm amazed it actually got publicity. In Illinois a couple years ago a driver veered onto the shoulder while downloading a ringtone and hit and killed a cyclist. Almost nobody cared. Well, maybe if it had been a pedestrian or motorist killed people would have paid attention; people in America seem to think that cyclists are fair game.

  4. Re:I have no problem with this. by cavehobbit · · Score: 3, Interesting

    Oops, sorry about that. I was texting while testing my MAC-9 sub-machine gun next door. Sorry about your family re-union, I had no idea other people were behind those shrubs what with the music and all. Is that fine based on each occurrence or per body? Do you take Amex?

  5. Re:Typical politician response by Wonko+the+Sane · · Score: 3, Interesting

    Of course when VR overlay sunglasses come out they will have to pass another law...

  6. Re:I have no problem with this. by lysergic.acid · · Score: 3, Interesting

    If the main purpose of the justice system really is to carry out vengeance, then why not just leave it to vigilante committees? After all, mob justice is usually fairly swift and costs very little resources; our existing justice system is quite expensive and monolithic in comparison. And, in a way, mob justice/vigilantism is a very democratic means of establishing order in a society. The community as a whole decides what they will and will not tolerate in their community, and what kind of punishment to dispense.

    Also, you claim that a justice system which considers motives rather than results ignores the real-world issues, but then you turn around and support feel-good legislation which focuses on punishment rather legislation that is geared towards obtaining real-world results. I absolutely agree that the results of a crime should be considered. I just don't agree with sentencing based on chance consequences. And dealing with the results of a crime poorly (in the wrong manner) is no better than not dealing with them at all. The job of repairing the damage done by a crime should not be given to prosecutors—their job is to convict criminals of their crimes and protect society from further harm by such criminals. The way this is typically done is by putting criminals in jail where they cannot harm the rest of society, and the length of time they're removed from society for is determined by the nature of the crime/criminal (i.e. how dangerous they are). A reckless texter who gets in an accident, but happens to have not killed anyone this time, is just as dangerous as a texter who gets in an accident but isn't so lucky. So it makes no sense to lock one up but not the other.

    I think the justice system should have more ways to deal with the consequences of a crime than just heavier or lighter sentencing. Reparations would be a start, as that would actually address the real-world consequences of a crime. If the financial provider of a family is killed, then the justice system should see to it that the family continues to be provided for in his absence. If the money cannot be obtained from the criminal, then the justice system should have the resources to provide it some other way. If a murder victim's spouse is emotionally scarred from the crime, she should have counseling/therapy and other support resources provided to her. This would actually allow the family of victims to seek closure in a more healthy way.

    There is some headway already being made to move the justice system in this direction—either through reforms, the creation of victim outreach programs, victim restitution funds, and other programs that allow victims to confront the criminals that hurt them to facilitate the process of healing. Perhaps the concept of restorative justice is still ahead of its time, but we're making progress. Even today there are family members of murder victims who choose not to pursue the death penalty or are otherwise looking past vengeance. I think that's a sign that our society is evolving culturally and ethically.