Michigan Votes Forum

 I don't think it should be a secondary one, I am sick of almost getting wiped out by some jerk-off teenager texting while on the freeway! DUH! Apparently self preservation isn't an instinct some people posses.

Dog:

It won't be secondary for long.  Remember when the seat belt law was secondary?  It wasn't long before it was a primary offense.  I agree texting behind the wheel should be banned, so I don't know why they're afraid to make it primary up front.

 i believe that they will see it as a 'rights grab', and resist with all their might. putting it as secondary gives the texters a feeling of security, knowing they have to do something else other than texting to be targeted by law enforcement.

we all know the ending of this story.

I fully support this bill. I also support banning cellphone conversations while driving. When you are behind the wheel, drive.

 Texting while driving is stupid, so is this law.  It's not enforceable.  Some day it will be on the list of "obsolete and archaic crimes".  We don't need more laws in Michigan.

Secondary violation? Come on, make it a primary (stoppable) violation and give the police a chance to save lives (proactive) instead of waiting until the accident happens. I’ve been a fire fighter in Michigan since 1976. Been on a couple hundred accidents, some very tragic. Driving while distracted is a very dangerous thing to do. I once saw a person drive through an accident scene holding a coffee, a lit cigarette AND steering wheel in her left hand and a cell phone held up with the right hand. I pointed it out to a police officer and he could only shrug his shoulders as she drove away. Have some guts, give this law some teeth and save our lives!

changeagent:

 Texting while driving is stupid, so is this law.  It's not enforceable.  Some day it will be on the list of "obsolete and archaic crimes".  We don't need more laws in Michigan.

I agree.  This is just one of those laws they make to feel like they did something.  It is not enforceable unfortunately.  I think maybe if they wrote the law so it punishes on the back end it may be effective.

I am thinking it could be like speeding in a construction zone or hiting a construction worker where additonal penalties are added.

Something like if you commit a driving violation and it is shown you are in use of a cell phone or otherwise distractive driving then your fines are automatically doubled and if it causes a collision you get additional fines and/or jail time on top of what you usually get.

Samuel

Rep. Geiss, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

It is my belief that texting while driving should be a primary offense in the State of Michigan, rather than the secondary offense as contained in HB 4394. 25 other states make this offense primary, only 4 states make it a secondary offense. Common sense says that you should not text while driving. We, as legislators, need to send a clear message to those who do not have common sense. This bill, unfortunately, is not a strong enough message, or legislation.”

Rep. Agema, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

The problem with this bill is you don’t know if someone is answering a call, dialing a number etc. yet if an officer thought you were texting, you could be ticketed. If someone causes an accident because of a careless act- ticket him. What will happen here is that people will put their phones lower in the car causing more distraction and cause more accidents. You lose you freedoms one law at a time.”

My Libertarian instincts would normally tell me that more laws/government in our lives is a bad thing. However, not in this case. Studies have shown that texting while driving is more dangerous than drunk driving. So then shouldn't the punishment be at least equally as stiff? Think about it. What if the punishment for DUI was only a $100 fine? No getting arrested, no going to jail, no getting your car impounded, no losing your license, no points, and no jacked-up insurance rates. Would there really be any reason NOT to drink and drive? The $100 fine may be less than the cab ride home depending on how far away you were. The only reason less people are drinking and driving is because the punishment is practically the chair. So why only a slap on the wrist for something that is MORE DANGEROUS? It's every bit as negligent. I'm sure whatever random thought that was in your empty head at the time you just HAD TO send that text was FAR MORE IMPORTANT than the life you took due to your own stupidity!