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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."

37 of 620 comments (clear)

  1. I have no problem with this. by Mononoke · · Score: 5, Insightful

    This appears to be the correct legislative response, for once.

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    1. Re:I have no problem with this. by phoenixwade · · Score: 5, Informative

      Yup, not much else to say - Utah got this one right.

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      A positive attitude may not solve all your problems, but it will annoy enough people to make it worth the effort.
    2. Re:I have no problem with this. by solevita · · Score: 5, Insightful

      +1

      I'm worried about the tone of the submission, however; Soulskill thinks that if you cause a fatal accident you should "merely face a fine". What a fucking moron.

    3. Re:I have no problem with this. by RogL · · Score: 5, Insightful

      So what now? I am sitting at a red stoplight, which I know takes at least a minute to switch. I can't take 10 seconds to text someone that I'll be late? It's perfectly safe and the worst thing is that I'll get honked at if the light turns green before I pay attention. I have made a thoughtful, careful choice. Yet according to the law, I am as bad as a drunk driver.

      Actually, according to the law, if you cause a fatal accident while texting you're as bad as a drunk driver.
      If you're sitting at a red light, it would be difficult to cause a fatal accident; the only possibility I see is if you are hit by someone not expecting a car stopped at a green light, and that's arguably the fault of both drivers.
      So don't text while moving, and you should be fine. Amazing concept I know, but seems to be the intent of the law.

    4. Re:I have no problem with this. by unlametheweak · · Score: 5, Insightful

      Locking up somebody for 15 years for a moment of misjudgment is quite possibly the stupidest thing ever.

      Perhaps, but at least it's fair in the sense that some malevolent behaviors aren't unjustly punished while others are given short shrift. It is somewhat nice to see legislation that targets the end, as opposed to the means (for a change). There is much less hypocrisy in this law. But really, what you call a "moment of misjudgment" is a highly conscious and deliberate act. If I was to get run over by somebody, it really wouldn't matter to my bones whether a person took a sip of beer or was playing video games or texting or talking to somebody on a cellular phone or snorting cocaine. Sometimes stupidity needs to be punished, if only to satisfy some innate desire for justice.

      It would be much better if there were preventative measures in place; like a culture that values intelligence and human life and passes down traditions of self respect and respect for others. Unfortunately people would rather preach than practice their ideals.

    5. Re:I have no problem with this. by eiapoce · · Score: 4, Insightful

      I would estimate I've done it about 30 times over the last 6 months of driving.

      That is roughtly 30 times too much.

    6. Re:I have no problem with this. by Anonymous Coward · · Score: 5, Insightful

      And if your every unlucky enough to kill someone I hope you spend 15 years in prison thinking about what a fool that you are.

    7. Re:I have no problem with this. by Anonymous Coward · · Score: 4, Insightful

      Just give up on life please? You can't possibly try to rationalize how you are allowing yourself to multitask right into a dangerous hole that can not only stand to kill YOU, but stands to kill innocent people who had no hand or choice in, or have the ability to change the outcome of you using the fucking iPhone when you drive around, you stupid pig. I sincerely hope anybody like you who tries to justify how 'texting while driving is not ok' but 'you still do it 30 times in the last 6 months of driving' die the next time you go to do it just because it'd serve your stupidity right. Seriously, piss off.

    8. Re:I have no problem with this. by lysergic.acid · · Score: 4, Insightful

      15-years seems pretty excessive for involuntary manslaughter. Also, I find the phrase "[getting] what they deserve" quite objectionable. It has a connotation of meting out justice. But putting some dumb kid (or dumb adult) in jail for a decade and a half does not bring back the dead, nor does it somehow compensate for the loss of a life. Too often are the concepts of vengeance and justice conflated in our society; desiring one of them is a vice & common human failing, desiring the other is a virtuous ideal.

      The role of the justice system should be to protect society above all else. It makes much more sense IMO to punish texting-related accidents equally whether they result in a fatality or not, as the difference between a car accident that kills someone and one that simply takes out a fire hydrant is often pure luck. If you don't think a 16-year-old driver who causes a non-lethal accident deserves to rot away in jail for almost the same number of years he's been alive, then it doesn't make sense to punish another 16-year-old driver who made the exact same mistake, but was simply not as lucky.

      It sends a stronger message to drivers if they know they face a 2~5 year jail sentence if they get in an accident while texting (and perhaps a 6 month sentence if they're just caught texting behind the wheel) than to punish texting drivers only when they cause a fatality (no one ever thinks they're going to end up killing someone by their negligence).

    9. Re:I have no problem with this. by pem · · Score: 5, Insightful
      We have ceded to the government the right to mete out both justice and vengeance.

      As part of this bargain (which is intended to stop vigilante committees, among other things), the government is required to mete out enough vengeance to keep the populace happy.

      As a disinterested third party observer, it may be easy enough for you to say that a texter (or a drunk, for that matter) should be punished for the action and not the result, but that completely ignores other real-world issues.

      The family of the victim is often out for revenge, and as part of the bargain, it is up to the state to provide it. Maybe not to the same extent as if the perpetrator were simply handed over to the family, but something more than a slap on the wrist.

      So this conflation of vengeance and justice is not accidental, not wrong, and should not be changed, at least until a huge majority of the populace would be just fine with someone who killed their kid getting off with a very light sentence. Otherwise, those victims who feel that their justice was denied will realize that the bargain has been broken, the state has failed them, and will feel justified in taking matters into their own hands.

    10. Re:I have no problem with this. by lysergic.acid · · Score: 4, Informative

      Ah, the imprecision of language... Look up the definition of " involuntary manslaughter ."

    11. Re:I have no problem with this. by arb+phd+slp · · Score: 4, Insightful

      I've done it once in my entire life and it scared the living shit out of me. Never again.

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    12. Re:I have no problem with this. by MooUK · · Score: 5, Insightful

      Large fines, and driving bans. Prison terms should be reserved for murderers, rapists, and others who should be separated entirely from society for society's benefit. Forced community service, fines, and removal of privileges are better options for lesser crimes.

      I'm also of the opinion that as far as practical, prisons should be fairly unpleasant (NOT in the prison rape way, that should be stamped out - I mean things like poor quality food, albeit nutritious enough to sustain life) and prisoners should perform useful tasks, such as hard labour.

    13. Re:I have no problem with this. by MooUK · · Score: 4, Insightful

      Today, whilst driving to an appointment to view a flat, just after I'd left home, I received a phone call. Naturally, I didn't answer it. I never do.

      Fifteen minutes later, after parking at my destination, I listened to my voicemail and discovered it had been the letting agent calling to cancel the appointment. Had I answered the phone, I'd have saved half an hour of my time (round trip) along with applicable fuel.

      So, do I answer next time, despite driving?

      Hell no. I'll park at the next appropriate opportunity if I feel it's important - otherwise, they can wait.

    14. Re:I have no problem with this. by commodore64_love · · Score: 4, Insightful

      HERE'S A RADICAL THOUGHT -

      Why don't you just pullover? (duh.) That's what I do when I receive a phonecall. I look at the number, and if it's nobody important I ignore it, but if it is my home than I answer and say "Hello. Please wait while I stop my car." Then I pull off the road (preferably at a ramp) and take the call. Simple.

      This bullshit about buying tactile phones or Crakberries or whatever and saying, "It's safer than an iPhone," is completely and utterly acceptable." And yes I do call the police when I spot people texting or shaving their face or curling their hair. Yes that makes me an asshole, but at least I'm a LIVE asshole instead of a dead one.

      Oh:

      One more thing. If you kill somebody close to me like my wife of daughter, because you're texting, you consider your life forfeit. I can forgive drunk driving because drinking makes the brain not work properly - but there's NO excuse for a sane, rational being to be texting while driving. Use the God gave you or else I will splatter it across your living room wall.

      Do I sound angry?

      Damn straight.

      I. Can. Not. Believe what I've been reading from supposedly *intelligent* people justifying why it's okay to text while driving. "That's the exact reason I chose a blackberry over the iPhone; tactile buttons." You self-centered egotistical bastards. If I see you I *will* call the police and help them track you down and arrest you. You don't deserve the privilege of having a drivers' license.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    15. Re:I have no problem with this. by Dan541 · · Score: 4, Funny

      why can't more drivers get the message?

      I thought that's what they were doing that was causing all the problems.

      --
      An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
  2. 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 jeffb+(2.718) · · Score: 5, Insightful

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

      Irrelevant. Accident rates in general depend on too many other things, including safety features (new and old) in cars on the road, how many cars are on the road, and how the roads are designed.

      It's not rocket science to deduce that taking your eyes and mind off the road make you a more dangerous driver. If it's not contributing significantly to the accident rate, that just means that a lot of people, believe it or not, aren't stupid enough to do it.

    2. 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.

    3. 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.

  3. Fine by me by TheRon6 · · Score: 5, Insightful

    Good! Driving while drunk and driving while texting are both negligent choices. If that choice leads to someone's death, they certainly should be treated equally. If anything driving while texting is worse since your decision making abilities are not hindered by an altered state of mind.

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  4. 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.

  5. But those are just for the BAD drivers. by jeffb+(2.718) · · Score: 4, Funny

    I've got superhuman reflexes, godlike judgement, and 99.99th-percentile driving skills, so those rules constitute an unconstitutional burden! I can easily thread through cross-traffic in an intersection or use the two-millisecond rule for following, with perfect safety -- as long as all the other drivers refrain from their usual rank idiocy.

    Oh, sorry, I though this was a speed-limit thread.

  6. Typical politician response by Wonko+the+Sane · · Score: 4, Insightful

    Let's pass a new law for every single type of driving distraction that comes along instead of writing one law that covers the general case of distracted driving. That way we can make it look like we are responding to every new problem that comes along so we get reelected more easily.

    1. Re:Typical politician response by Anonymous Coward · · Score: 5, Insightful

      Whilst I agree with you, creating specific laws (or applying specific examples to an existing law) can actually make things simpler. If you were texting when you had a driving incident, then you're guilty. No arguments in court (with swayable juries) about how distracting texting is, because the law recognises that the argument is answered - it's distracting. It actually tells drivers that they shouldn't do that specific thing, so they might not risk doing it. And it specifically states that texting makes a car incident not an accident, but a felony.

      Keep your phone in your pocket/bag when driving, ignore all and any bleeps it tells you about. Simples.

  7. Sensible by Opportunist · · Score: 4, Insightful

    It should not matter why you are unable to concentrate on what's going on in front of your car if you're responsible for the distraction. Whether it's drinking or texting, in both cases you made the decision that you want to drink/text instead of concentrate on traffic, you're responsible for the outcome.

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    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  8. 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.

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    1. Re:The first texting fatality by Al+Dimond · · Score: 4, Insightful

      Yes, cyclists who ride against the flow of traffic are dumb. A few more: fixie riders that ride in circles in front of the other lanes of traffic while stuck at a red light are dumb. Cyclists that try to sneak across at the start of a red light, and really most of them that run red lights generally, are dumb (I think it's perfectly reasonable for cyclists to treat red lights as 2-way stop signs when there is very little traffic, or when a light is controlled by a sensor that won't pick up the bike, but when doing so, you must observe the same caution you would going through a 2-way stop; I have never seen an accident or close-call result from this behavior). Cyclists that pass on the right near intersections are often dumb, as are cyclists that ride through intersections in the crosswalk at great speed (I have personally witnessed both of these behaviors result in accidents).

      None of this excuses the callousness in the typical public attitude towards cyclists. In truth, if you're paying proper attention to the road you have almost no chance of hitting a cyclist, unless he's doing something dumb like passing on the right near an intersection. But many drivers, even responsible ones that I've talked to, seem to think car-bike collisions are a natural effect of cyclists being on the road. The fact is that at least one of them has to mess up for the accident to happen. If the collision involves running the cyclist down from behind (which is actually pretty rare) it's almost certainly the motorist's fault, and no sympathy should lie with him.

      (source for some statements in this post is the book Effective Cycling)

  9. Why are we making excuses for idiots? by SuperBanana · · Score: 4, Insightful

    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.

    Except nodding off or passing out at the wheel is not an accident. It has a cause (medical or just simply not getting enough sleep.) It's one thing if you have a random stroke nobody saw coming. It's another if the doctor has said "you're at high risk for _______. You should not be driving."

    If it's a case where you were simply too tired- well, we're not children and it's not rocket science why you "microsleep" or completely fall asleep at the wheel. It happened to me ONCE- woke up in a different lane than I remembered being in. Scared the crap out of me, and I've since learned to get my ass off the road to a rest-stop for a 20-30 minute nap if I feel any of the signs of being too tired, which are pretty damn hard to miss. And to make sure I get enough sleep if I'm doing a bunch of driving!

    I see this all the time with bicyclists who are killed by drivers completely let off the hook. A woman local to Boston was killed in Seattle by an older guy driving his van. On a wide-open highway, in clear weather, in the middle of the day. He was charged with nothing- they said it was due to "inattentiveness." In other words, the fucker wasn't looking where he was going, killed someone, and he gets a free pass? How is that justice? How does that hold people responsible for paying attention to where they pilot a 2-ton hunk of metal at 70 MPH?

    Methinks the thought of spending the rest of your life in jail for killing someone with your car would make people pay a little more attention than getting an occasional speeding ticket for doing 5mph more than everyone else, which is only a randomly collected road tax.

  10. This Legislation Needs More Youtube Justification by JoshDM · · Score: 4, Informative

    All the way from Europe! (warning, graphic scenes!)

    This was all over the news this week. I love that video. Every driver's ed class should show it. In full.

  11. If they truly wanted to stop multitasking.... by obliv!on · · Score: 5, Insightful

    If they truly wanted to stop multitasking behind the wheel there would be a lot more support for removing the human from the equation. We aren't that far off from cars that can accurately and safely drive themselves. Why aren't we funding efforts like the DARPA road challenge more? Lets get that wrapped up and out there. I mean I think its good that people who end up doing bad things, because of their poor behavior choices are being penalized for those choices, but if safety is truly the goal we'd recognize that in one way or another multitasking occurs for most drivers at some point and the only way to truly get rid of it and the risks they represent is to minimize the human role in controlling the vehicle.

  12. Re:How do you enforce this? by Tridus · · Score: 4, Insightful

    Phone records show that you sent a text message 15 seconds before the accident? It's pretty easy to prove, actually.

    Plus all these phones have GPS in them these days. It won't be long before they know you were doing 60 mph when you sent that message.

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  13. Duh! by joeyblades · · Score: 4, Insightful

    Previously, the Mythbusters (and other scientific studies) has shown that talking on a cell phone while driving is worse than driving while legally drunk. Texting is far more distracting than talking on a cell phone, so this legislation seems more than appropriate.

    What could possibly be so vitally important that it has to be texted right now, yet not so important that you can't pull over to do it?

  14. Worse--far worse--than DWI. by MarkvW · · Score: 4, Insightful

    The drunk's judgment is impaired when the drunk gets behind the wheel. The texter makes an intentional, volitional, free decision to put other people at risk by texting while driving.

    Stupid bastards forget that their cars are killing machines unless properly handled.

  15. I thought it was pretty common knowledge by pem · · Score: 4, Insightful
    that justice had its roots in revenge. See, for example the wikipedia article on punishment.

    I don't think that I said anything which would indicate that I don't think that vigilantism isn't a crime or should be appeased, but one of the reasons that we have the luxury of thinking this way is that, in fact, our government is supposed to (and, often enough, does) punish people so we don't have to do it ourselves. This "disinterested third party" is supposed to mete out justice proportional to the crime in a less personal way than the victim might, but don't for a minute think that society would stand for the punishment being solely related to the action and completely disconnected from the outcome. Drunken driving is a punishable offense, but the punishment for killing somebody while driving drunk is always worse than if you didn't kill somebody. That is how it is and how it needs to be, at least until we evolve, and that is how it needs to be for texting as well.

  16. Phone providers hold logs by fantomas · · Score: 4, Insightful

    "How do you prove that a person was 'texting, webbing, reading, etc'?"

    I'm not sure how it works in the USA but here in the UK phone providers hold logs of calls - I guess you must have the same or how else does the phone provider bill you for your phone calls at the end of the month? So if an accident happens and there's any suspicion that use of a phone was involved, the police can ask for the phone records. They check the logs.