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The problem is proving it. What a DUI perp says: I'm not drunk! Cops check blood alcohol level. What a phone user says: I wasn't on my phone! Cops can't/won
by e40 8y ago
The problem is proving it.
What a DUI perp says: I'm not drunk! Cops check blood alcohol level.
What a phone user says: I wasn't on my phone! Cops can't/won't check anything, and even if they could, how could the accident time be exactly (for proof) correlated?
My wife was rear ended by an SUV and has health effects to this day (it was over 10 years ago). There was no way to prove, or not, the other drive was on the phone. The driver was coming up to a stop sign in her own neighborhood that had a long line of cars that were stopped. It's highly likely she was on the phone or looking down at something. There was no evidence of brakes having been applied.
I argued with the insurance company for weeks about this. They wouldn't do a damn thing.
- colejohnson66 8y agoIf they’re texting, you can ask the phone company if their phone sent a text
- fenwick67 8y agoSure but a minority of people on their phones are sending text messages at that moment.
- milkytron 8y agoTrue, but that requires more effort on the officer's behalf, and isn't an on the spot check like blood alcohol level is. Maybe if phone companies allowed officers to see timestamps of texts for a number this would work.