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If this works, why isn't this same argument used for challenging tickets for using a phone while driving? All the same logic still applies.
by bedhead 13y ago
If this works, why isn't this same argument used for challenging tickets for using a phone while driving? All the same logic still applies.
- pmorici 13y agoBecause if you are holding a phone to your ear you are by definition using it. Glasses could be just hanging out on your head though. Perhaps if you drove around with your phone strapped to your head with a sweat band you could make the same argument.
- bedhead 13y agoNo, I could be holding it to my ear despite it being turned off, as stupid as that sounds. The point is, in the case of the phone, the officer never has proof that the phone was on. And if driving with Glass while it's on is illegal, shouldn't those dash mounts for phones be illegal too??
- cbr 13y agoNo, I could be holding it to my ear despite it being turned off, as stupid as that sounds. The point is, in the case of the phone, the officer never has proof that the phone was on. It is customary to wear Glass with the screen off but not to do the equivalent with a phone. The law is not like software; the judge can consider the case and make the sensible ruling.
- kps 13y ago> in the case of the phone, the officer never has proof that the phone was on. The phone company does.
- Karunamon 13y agoNo, the phone company has evidence that it communicated with tower within some period of time. The phone could still be powered up in a disconnected state, or communicating with the same tower before the driver got into the car, or.. (insert 20 other possible mitigating circumstances) It's not that simple. Which is one of the reasons it's a good thing this was dismissed.
- iends 13y agoWell, his implication was that if you're talking on the phone to somebody the phone company knows (or if you just sent a text, for example).
- vacri 13y agoThe expense of pulling phone records will outweigh the traffic ticket anyway, and neither party would be particularly interested in going that way.
- gaius 13y agoSo does the NSA.
- davorak 13y agoIt is the distraction to driving that illegal. All forms of distracted driving are illegal, at least that is my understanding of the law in Colorado and Texas USA. So purposely taking 2 second blinks, driving with one of two good eyes closed, driving with your knees, etc is a ticketable offense. Driving while holding a phone to your ear would fall into this category. Wearing google glass while off does not seem to. Additional laws exist probably to increase the fine or the ease of enforcement of various distractions like using a phone.