Arkansas Blog

And yet it is not the holding of the device, but rather the using of the device, which causes the impaired driving.

Focused pulbic policy would really help in most cases.

Indirectly, Arkansas already has a law that addresses this sort of carelessness:

"A.C.A. § 27-51-104. Careless and prohibited driving.

(a) It shall be unlawful for any person to drive or operate any vehicle in such a careless manner as to evidence a failure to keep a proper lookout for other traffic, vehicular or otherwise, or in such a manner as to evidence a failure to maintain proper control on the public thoroughfares or private property in the State of Arkansas."

It's typically cited, when and if enforced, as "inattentive driving." The vast majority of traffic fatality reports posted on the State Police web site, as well as whatever might show up in the newspapers, cite that So-and-so's vehicle "left the roadway" and struck a fixed object or another vehicle or whatever. Ever wonder why?

Never pass a law you can't enforce. What a nightmare this would be. I can see it now: "What ya in for? Oh....illegal texting. Man, you're one mean SOB!

I believe the use of cell phones while driving is a source of road rage. Every time some knucklehead makes a mindless driving maneuver in front of me while (s/he is) yakking I get a bad case of the red ass: I'm a-honkin' and a-waggin' my tsk-tsk finger. Hang up and drive!

I agree with you, hugh, but you can't outlaw cellphones in cars. It's the rudeness that drives us all crazy. Unfortunately you can't legislate considerate behavior. I think using hand-held cell phoens while driving is dangerous, too, but you can't enforce legislation against it. When my kids were young, you would have had to outlaw kids in the back seat, too. Now THAT'S distraction!

Inattentive or distracted driving is the greatest killer on the roadways today. I'm not sure that you can list in legislation all the stupid stuff that drivers do to cause collisions (not "accidents," btw...)

When it's enforced, the driver can expect to pay a substantial fine of up to $100 for killing somebody. To make vehicular homicide a felony you have to prove some sort of criminal intent, which is difficult for someone who was simply stupidly careless.

A better idea to be an administrative fix: If you're a driver who gets in a collision and kills another person due to careless, distracted driving, for whatever reason, you lose your driving license and motor vehicle operator privileges for an appropraite amount of time -- say a minimum of 20 years, up to permanent loss, depending on the egregiousness of the killing. No waivers, you simply ned to find another way other than driving to get around for that period of time.

I'm perplexed as to why you cannot outlaw use of phones while driving, when 'studies show' that having a phone conversation while driving equates to being intoxicated as far as reaction time, engagement with the operation of your vehicle, and - personal observation here - general 'head up assness'.

It's like amateur hour any time of day out there.

No, Max, they can't do away with the drive-thru daiquiri stands, what would the
Baptist do??????????

Ah! Please don't take away my Daquri Stands! I promise I'll never take off the piece of tape that makes it an "unopened container" ever again.

Well, a person only has 2 hands. So when you're trying to hold a phone, a steering wheel and a daquiri (and goodness knows a Large is a half-gallon or MORE), something's got to give. Phone companies are out of state.....no one wants to lose their booze!

Aren't those Bluetooth head sets pretty low priced now? They allow for hands free talking but texting is a different animal. Just wait until voice-text translators (which actually work) are added to Bluetooth. Then the cell phone law will be obsolete. I once had a car breakdown in BumF**K City over in Newton County years ago. A friendly fellow in a pick-up offered me a lift and he had a very long cb mic wire. Before we arrived at a garage-wrecker service he had that mic cable wrapped around his steering column and a loop around the gear shift. I was glad to get out.