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-   -   New distracted driver law question (https://www.revscene.net/forums/713526-new-distracted-driver-law-question.html)

FerrariEnzo 10-10-2017 06:25 PM

Its a good thing I always have it on my windshield mount when I get into my car, unless Im in a hurry, then it stays in my pocket.

Then if I get any msg or whatever.. "Ok Google" and then tell it to do whatever I need.. read my msg, reply, email, etc... never have to touch my phone...


I believe, its ok to have to screen of the on, as long as its not playing any video of some sort...


I just wanted to confirm with other people if window mounted is ok or not... Was having thankgiving dinner and my relatives where all bitching about it cant be visible anywhere in the car...

BaoTurbo 10-10-2017 06:42 PM

honestly I think these distracted driving laws are getting more and more out of hand. It started off as an awareness

I personally believe now its gotten to a point where its exaggerated. It may be bias but I think many people who drive here are already not alert while on the road, resulting to fatal crashes or crashes in general. News was spreading a while back that eating or smoking or changing radio stations or touch your infotainment system is no longer allowed which doesn't make any sense. Do we need to ban all activities as distracted driving unless we are just solely driving? Like not even listening to radio because that could also be a distraction from driving.

This province is just dumbing down everyone to a point where people can no longer do anything other than driving, then does that lower the alertness level? I would be so bored I could sleep if I can't do anything while stuck in traffic, not even a cigarette. And on top of this the city is already full of people who are not fully alert to begin with; the sense of urgency, now you're just making lazy slow people into even more slower people perse.

iambuRnz 10-10-2017 07:48 PM

days before they implemented this law, i went through a roadblock once with my phone in the passenger seat. I had just answered the phone so the screen was still on.. (hands-free, of course) officer saw it right away and I was asked to keep my phone NOT within arms reach. I told her it was connected with the vehicle and i answered it hands free. She said it didnt matter and that I should keep it either in the glove compartment or somewhere away from me. I wanted to keep questions but i was afraid they were going to get me to pull over for asking too much so i just went on my way..

nns 10-10-2017 08:48 PM

Whenever I read articles about distracted driving, the comments are always full of high and mighty, never do wrong, self-righteous assholes. "Ticket them more", "Impound their car", "I wish they would allow us to send pictures in of people on their phones".

I remember how proud the province/police was to advertise a while back how many tickets they handed out and how much money people were penalized as a result. In between basking in the smell of their own farts, the aforementioned assholes ate it up like the sheep they are.

You know what I'd love to see? The actual explanations behind all those tickets and their justifications from the officers perspective. Imagine if the majority of the tickets were completely ridiculous like plugging your phone into the charger at a red light, leaving your phone in the cup holder, or whatever else was deemed harmless back when our parents and their parents drove. The public would riot. I wish there was somewhere I could go to challenge the court, the superintendent of MV, whomever - give me the facts. I want to know. I have no problem being wrong and eating my own words but empty figures with no context is not how the police should be serving the public. This should be a standard the public is owed and deserve when we allow law enforcement more and more powers.

That whole distracted driving initiative launched last month, it just stinks of overzealous law enforcement looking to nitpick anything and everything possibly remotely, minuscule as it may, related to distracted driving. Yea, it hammered the point across, but I suspect it was built on a foundation of horse shit.

!e.lo_ 10-10-2017 08:51 PM

Quote:

Originally Posted by SolidPenguin (Post 8865826)
Having a "potential" to break the law is not breaking the law...

The scenario you mentioned is only if you are in the driver seat, and the offence occurred because you had "care and control" of a motor vehicle while impaired. That is what is written in law.

If you had the keys, but were sleeping in the backseat, you did not have care and control. No offence committed.

Pretty sure that's still care and control. Back seat, front seat... if you're intoxicated and in the vehicle with the vehicle's keys, that's care and control.

Play the law and put your ignition key in the engine bay. just have the fob on you and sleep in the back.

inv4zn 10-10-2017 09:08 PM

Quote:

Originally Posted by SolidPenguin (Post 8865826)
Having a "potential" to break the law is not breaking the law...

The scenario you mentioned is only if you are in the driver seat, and the offence occurred because you had "care and control" of a motor vehicle while impaired. That is what is written in law.

If you had the keys, but were sleeping in the backseat, you did not have care and control. No offence committed.

I agree with you, but police officers do not. You sleep in the backseat with the keys, you blow over, you will get charged with DUI.

Same shit with handheld electronics. It's bullshit, but it is what it is.

Teriyaki 10-10-2017 09:10 PM

What if I throw the keys in the trunk. Not accessible unless I physically leave the vehicle as the seats don't fold down.

BaoTurbo 10-10-2017 11:12 PM

Everyday I'm hearing over the radio these ads for distracted driving and its mainly like "distracted driving cause more accidents than intoxicated driving" its really driving me insane. It's like the city all of a sudden didn't want to focus on any other crime other than distracted driving based on some sort of trend initiative IMO. They keep handing out these tickets thinking they achieved some sort of large scale bust or some police milestone basking in their pride but seriously these guys getting tickets may have a 1/100,000,000 chance of crashing fatally or non fatally. It's like handing out tickets is now the benchmark for achievement.

Now there's sting operations focused just on distracted driving instead of policing out in areas which need them. Oak and 70th, Marine drive, all large intersections, and operations involving riding in buses or hiding in bushes; these all cost taxpayers money while you sit your ass waiting for that sorry motherfucker that decides to pick up the phone while bored in traffic. Then they post all their stats out getting these sorry silly fuckers saying they did an amazing job. Yes, you can argue that you created a deterrent but how much of a chance are you deterring among the infinite factors and the money spent on the officers to camp out. Seriously is this what the main focus is now? While there is an fentanyl and drug overdose issue?

I don't even read the news anymore but a simple search already pulled very worrying titles: Vancouver's supervised injection site struggles with the rise of fentanyl

mr_chin 10-11-2017 04:00 PM

It's not so much that the officers in their charger vehicles that pulls you over. It's the ones on the bikes that creeps up behind you. I've seen so many in the summer who would drive into the other side of the street (lane going opposite direction), just to sneak up on drivers with open windows.

AzNightmare 10-11-2017 08:26 PM

Distracted driving can come in so many forms. While I agree people shouldn't be touching their phones while driving, throwing a black and white rule is BS.

People can also be too focused talking to their passenger can get distracted. So are they eventually going to forbid talking in the car too?

6o4__boi 10-12-2017 07:42 AM

i save all my distracted driving while waiting in line for gas at costco

:troll:


Quote:

Originally Posted by mr_chin (Post 8866034)
It's not so much that the officers in their charger vehicles that pulls you over. It's the ones on the bikes that creeps up behind you. I've seen so many in the summer who would drive into the other side of the street (lane going opposite direction), just to sneak up on drivers with open windows.

i've seen officers using DSLRs with super long range telephoto lens standing on overpass or some a block or two away

Acura604 10-12-2017 08:16 AM

What I don't get are the filthy smokers... i mean, you got a lit cigarette that can burn you if you drop it...not to mention the filthy smokers don't like using their cars as ashtrays and prefer dumping their butts out the window.... wtf.... although over the summer there were some cases where the 'copper no stoppers' ticketed the filth when they were caught littering their filthy butts.

FINE THEM ALL....

dark0821 10-12-2017 06:32 PM

since I am in a bad mood today... I will just give my 0.02

What happens if a police officer pulls over a police officer off-duty.. I guess they are "trained" to use an electronic device while driving?

If they are, they should set up a test... just like a condition on your driver license... if you can go thru "proper training" to use a cellphone....

Honestly... hahaha just pissed off my car is too old to have android audio or apple car play... always the cheap guys gets dinged right? I mean I am sure all the new cars can do all sorts of things (including checking your emails, sending texts) thru your centre console right?

Cr33pUh 10-12-2017 07:59 PM

delete

donk. 10-13-2017 05:38 PM

be nice to the cop, and you will be fine.

noclue 10-13-2017 06:49 PM

I agree with banning phones but don't agree with using it when stopped. Modern car infotainment systems are a lot more distracting these days.

FYI using your phone while waiting for gas or at the drive-thru will get you a ticket as well.

twitchyzero 10-14-2017 02:44 AM

they got to be in a really terrible mood to bust you for distracted driving when you're clearly not in traffic

but if they ever stooped that low you can test your lawyer game as violations to the motor vehicle act on private property are not managed by the police

FerrariEnzo 10-14-2017 10:11 AM

Quote:

Originally Posted by noclue (Post 8866488)
I agree with banning phones but don't agree with using it when stopped.

This is a broad/vague... when your stopped at the red light, using your phone and not going when it turns green, etc... how many times you seen this and how many times it annoys you...

twitchyzero 10-14-2017 05:07 PM

does it suck if that happened and you're at the end of the pack and missed an activated left green light? sure
most of the time it's a 2 second difference and certainly has little bearing on safety

SolidPenguin 10-15-2017 12:22 AM

Quote:

Originally Posted by !e.lo_ (Post 8865872)
Pretty sure that's still care and control. Back seat, front seat... if you're intoxicated and in the vehicle with the vehicle's keys, that's care and control.

Play the law and put your ignition key in the engine bay. just have the fob on you and sleep in the back.

Quote:

Originally Posted by inv4zn (Post 8865873)
I agree with you, but police officers do not. You sleep in the backseat with the keys, you blow over, you will get charged with DUI.

Same shit with handheld electronics. It's bullshit, but it is what it is.

Backseat is not care and control.
That is the easiest DUI to fight ever if you were ever charged cause you were sleeping in the backseat.

Here is a good resource. With a specific section for "sleeping in vehicle"," and supporting case law.

The only times where Care and Control is mentioned is in the front seat.

And police officers agree with me, ask me how I know ;)

https://en.wikibooks.org/wiki/Canadi...re_and_Control

white rocket 10-16-2017 08:29 AM

Quote:

Originally Posted by SolidPenguin (Post 8865826)
Having a "potential" to break the law is not breaking the law...

The scenario you mentioned is only if you are in the driver seat, and the offence occurred because you had "care and control" of a motor vehicle while impaired. That is what is written in law.

If you had the keys, but were sleeping in the backseat, you did not have care and control. No offence committed.

A friend was shittered drunk downtown a couple year ago and he had his truck keys in his pocket. No intention of driving at all and was staying downtown at a friends house. He approached his truck, which was parked along Seymour Street in a metered spot, to grab some stuff out of it and then was going to proceed to the place he was staying. Decided it would be a good idea to throw up in the garden beside where he was parked. It happens when you drink too much so it is what it is. A cop saw this and approached him asking what was going on. Through conversation he discovered that his keys were in his pocket and he was within 8 feet (or something to that effect, cop was stuck on some sort of measurement of distance from the keys to the truck) and gave him a DUI using the care and control reason. He fought it and lost.

What I got from this is that tolerance from a cops point of view is absolutely zero so don't fuck around thinking that there is any leeway with something as serious as a DUI. Distracted driving is no different and cops are seeking out potential offenders to set a precedent to provoke fear in society to change the mentality of it altogether. Pretty soon you won't be able to start your vehicle until the phone is paired to a hands-free and locked out of distracting features like texting, etc.

Dragon-88 10-16-2017 09:27 AM

I'd like the opportunity to take a course that will train me in using a electronic device while driving, because all taxi drivers, truck drivers, bus drivers and city personnel have all done this. Right...

Traum 10-16-2017 10:02 AM

Quote:

Originally Posted by white rocket (Post 8866840)
A friend was shittered drunk downtown a couple year ago and he had his truck keys in his pocket. No intention of driving at all and was staying downtown at a friends house. He approached his truck, which was parked along Seymour Street in a metered spot, to grab some stuff out of it and then was going to proceed to the place he was staying. Decided it would be a good idea to throw up in the garden beside where he was parked. It happens when you drink too much so it is what it is. A cop saw this and approached him asking what was going on. Through conversation he discovered that his keys were in his pocket and he was within 8 feet (or something to that effect, cop was stuck on some sort of measurement of distance from the keys to the truck) and gave him a DUI using the care and control reason. He fought it and lost.

WTF that's utter bullshit! I am not surprised to see that the cop handed out the ticket that he did. They are ridiculous and heavy-handed like that. But even the court sided with the police charge on this?

SolidPenguin 10-16-2017 10:40 AM

Quote:

Originally Posted by white rocket (Post 8866840)
A friend was shittered drunk downtown a couple year ago and he had his truck keys in his pocket. No intention of driving at all and was staying downtown at a friends house. He approached his truck, which was parked along Seymour Street in a metered spot, to grab some stuff out of it and then was going to proceed to the place he was staying. Decided it would be a good idea to throw up in the garden beside where he was parked. It happens when you drink too much so it is what it is. A cop saw this and approached him asking what was going on. Through conversation he discovered that his keys were in his pocket and he was within 8 feet (or something to that effect, cop was stuck on some sort of measurement of distance from the keys to the truck) and gave him a DUI using the care and control reason. He fought it and lost.

What I got from this is that tolerance from a cops point of view is absolutely zero so don't fuck around thinking that there is any leeway with something as serious as a DUI. Distracted driving is no different and cops are seeking out potential offenders to set a precedent to provoke fear in society to change the mentality of it altogether. Pretty soon you won't be able to start your vehicle until the phone is paired to a hands-free and locked out of distracting features like texting, etc.

I find this very very hard to believe. Either your friend is leaving out some key information, or him or his lawyer were absolutely terrible. There is case law against this and almost impossible that he lost if he fought it.
Thats why that leads me to believe theres missing information here.

MarkyMark 10-16-2017 10:45 AM

Yeah that sounds like BS lol, plus your friend was shittered so his recollection of that night is probably a little hazy.


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