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Utah Law Punishes Texters As Much As Drunks In Driving Fatalities

Posted by Soulskill on from the g2g-ran-ovr-sum-guy dept.

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."

15 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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    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 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.

    6. 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.

    7. 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.

  2. 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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  3. 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.

  4. 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.

  5. 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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  6. 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. 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.

  8. 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.