About 100 new state laws are in effect right now and authorities aren’t letting any of them slip by

“Everybody I’ve run into or talked to has asked me about the new laws so the word is getting around quick,” said Senior Winnebago County Sheriff’s Deputy Anthony Moore.

About half of the new laws can be found under the Illinois Vehicle Code, that’s nearly 50 new traffic related laws. Among them, trucks are no longer held to a 55mph limit in most 65mph zones, uninsured motorists can be jailed rather than just fined, and Sergeant Doug Bushman tells us about the two we’ve all heard so much about.

“It’s now illegal to operate a motor vehicle and text at the same time, and it’s also illegal to use a cell phone in a school zone, in a construction zone or a maintenance zone.”

If you’re caught texting the consequences are similar to a speeding ticket, but if your cell phone use results in an accident, the charges get much worse.

“If people are injured or killed, and I find a cell phone in the car, then what I’m going to end up doing is getting a search warrant to be able to obtain information off the phone to find out whether or not they were on the phone at the time of the crash and if the are, then that will enhance the charges on it,” said Deputy Moore.

Some critics of the new cell phone laws argue that it’s just another way for the state to make money, but Deputy Moore says otherwise.

“If you think about it, next time you’re on your cell phone when you hang up your cell phone try to remember what you just passed and you probably won’t because people, act the same way a drunk acts, they can’t remember where they’re at or what they just passed.”

The Illinois Secretary of State’s office has a 68 page packet that covers most of the new laws.

You can access the packet, which includes most of the details and fine print, at:

http://www.cyberdriveillinois.com/departments/police/lawupdate0910.pdf

Source: WIFR.com

As of January 1st, 2010, drivers in Austin, TX cannot legally use cell phones for anything other than phone calls. That means no texting, no scrolling, no surfing, no navigating while driving on a public roadway unless you need to report an emergency.

There will be a one-month grace period, during which offenders will get off with a warning. After that, violations are Class C misdemeanors that could result in a $500 fine. Here are some answers to questions about the law.

How will the ban be enforced?

With difficulty. Officers will make stops based primarily on erratic driving, said Austin Assistant Police Chief Al Eells. Beyond that, police will have to catch a driver in the act to make a traffic stop. Because dialing a cell phone can look like texting, an officer will need to watch a driver for a “prolonged” period of time to make sure he’s actually texting, said Cmdr. Stephen Baker, who heads up Austin Police Department’s highway enforcement command.

Moreover, since the violation must also occur while the vehicle is moving, the observing officer essentially will have to be driving alongside a potential offender. Thus, for safety reasons, the opportunity to view driving-and-texting scofflaws will occur mainly in slower, city driving. “It’s going to be a lot of officer discretion,” Baker said.

What about the surfing/scrolling/e-mailing part of the ban: How will that be enforced?

Lightly. It will be difficult to distinguish whether a driver is, say, looking up a contact to dial (legal) or reading e-mail (illegal). “If a person is just holding a cell phone up in front of his face and reading it, we don’t make that stop,” Baker said. “There’s no way we’re going to be taking those to court.”

Will police take my cell phone and read my texts?

While prosecutors say such searches would be legal, Baker said Austin police won’t search anyone’s phone.

What if I’m from out of town and haven’t heard about the law?

Driver beware. Eells said the city will place informational brochures at places such as the airport and convention center. “Will that capture the guy traveling through Austin on I-35? Probably not,” he said.

Will anyone be arrested?

Not unless the driver refuses to sign a citation. A texting violation won’t go on the driver’s record, either.

How big is the problem locally?

Austin police report that since the beginning of the year, there have been 129 serious collisions in which cell phones have been implicated and 12 involving texting while driving.

Why is texting banned and not cell phones? Read the rest of this entry »

Ohio Court of Appeals rules that a police officer cannot issue a speeding ticket because A CAR SOUNDS FAST.

The Ohio Court of Appeals on Monday ruled that a motorist cannot be convicted of speeding based solely on how fast his car may have sounded. On October 18, 2007, Patrolman Ken Roth ticketed Daniel Freitag in the village of West Salem as Freitag was driving with his wife Jane on US Route 42. Roth claimed his radar unit clocked Freitag at 42 MPH in a 35 zone. Roth also claimed he could hear Freitag’s 2006 Lincoln Navigator speeding.

“As it approached I could hear the vehicle on the roadway which based on my training and experience it is consistent with a vehicle that was in excess of the posted speed limit,” Roth testified.

A trial court judge on November 16, 2007 accepted this testimony and found Freitag guilty. Freitag challenged this decision before the Ohio Court of Appeals on the grounds that the radar evidence was not admissible. The trial court claimed it had taken judicial notice of the “Genesis Radar” that Roth used, but the state failed to specify which particular radar model was used. Freitag won on the point that the radar evidence was improperly admitted, but he lost as the court sent the case back to the trial judge to rule whether the officer’s estimate of Freitag’s speed based on the Navigator’s sound was credible. The trial court once again supported the officer and ruled that Freitag was guilty.

Freitag, however, did not give up. He appealed a second time, insisting that the officer’s testimony that he could estimate a vehicle’s speed by its sound or by watching a car’s headlights through the patrol car’s rear-view mirror was absurd. This time, the appeals court agreed.

Read the rest of this entry »

Several new Texas laws went into effect on September 1, 2009. Among them was one prohibiting the use of cell phones (and pagers, texting devices, etc.) in a school zone.

House Bill 55 made it illegal to “use a wireless communication device (while driving) in a school zone unless the vehicle is stopped or a hands-free device is used”. However, it’s a defense to prosecution if the operator was making an emergency call.

However, there is one caveat — Cities or counties wanting to enforce this law must post a sign at the beginning of each school zone to inform drivers that using a wireless communications device is prohibited and the operator is subject to a fine.

I have yet to see an actual case of this law being enforced anywhere I’ve driven in Texas.  I DID come across one sign (left) that APPEARED to be an instance of this law being in effect, but, it’s not a school zone — it’s just a crosswalk. And it’s not even a school — it’s a church!

I’m thinking that the city (or highway department, or whoever) put this sign up thinking that they were exercising their right, as guaranteed by the new law — but, the law only applies to ‘school zones’! Now, maybe, the city council made some decision not related to the new Texas law, and decided to allow these signs on just any ol’ crosswalk, but I doubt it. I think they are just placing a sign where it’s not applicable. Good idea? Yes! Enforcable? Probably not.

Anyhow… I DO think it’s an excellent idea to have such a law within school zones. Drivers can be really inattentive at times, only complicated by trying to talk on the phone or send a text. Surely, drivers can refrain from using their phones for the duration of driving through a school zone.

I hope I start to see more signs like this (in school zones). And, I say sock it to the drivers who ignore this law and pay more attention to their devices than to their driving. A hefty fine would be in order, just like any other infraction in a school zone.

Drive safely, especially in school zones, and be on the lookout for these new signs.

Drivers can get tickets or even go to jail for going too fast on the roads, but one local sheriff in Rogers, Arkansas was able to get off without being ticketed even after being pulled over for speeding.

Benton County Sheriff Keith Ferguson was pulled over for going too fast on May 1 at North Second and Easy streets in Rogers. He was going 60mph in a 35mph zone at around 1a.m. That was enough for Rogers police Officer Aaron Dildy to make a traffic stop.

Police dashcam video showed Ferguson producing his ID and registration just like anybody else. But Dildy only issued the sheriff a warning citation, which Ferguson actually refused to accept.

Ferguson told us he never identified himself as a police officer, so that couldn’t have influenced the traffic stop. Ferguson said, “If he would have wrote me a ticket I would have paid the ticket but I wasn’t going to ask him to write me a ticket.

Rogers Chief of Police Steve Hamilton told us the situation played out exactly like it should have. Hamilton said, “Receiving a warning is pretty much a standard practice. I think what an officer is looking for is compliance.”

This isn’t the first time this has happened. In 2006 Ferguson was pulled over by Bentonville police. That time Ferguson drove away from the officer before he was even told he could leave. Hamilton also said there’s a possibility Dildy didn’t know who Ferguson was at the time of the stop.

Hmmm… Driving 60 mph in a 35 mph zone at night warrants a warning?! Yea… Right!