New York considers testing a 'textalyzer' to let law-enforcement check if drivers involved in crashe

[Judi Lynn]

Source: Associated Press


Associated Press
David Klepper, Associated Press
34m


ALBANY, N.Y. (AP) — Police in New York state may soon have a high-tech way of catching texting drivers: a device known as a “textalyzer” that allows an officer to quickly check if a phone has been in use before a crash.

Democratic Gov. Andrew Cuomo on Wednesday directed the Governor’s Traffic Safety Committee to examine the technology, as well as the questions about privacy and civil liberties its use would raise.

“Despite laws to ban cellphone use while driving, some motorists still continue to insist on texting behind the wheel — placing themselves and others at substantial risk,” Cuomo said in a statement first reported by The Associated Press. “This review will examine the effectiveness of using this new emerging technology to crack down on this reckless behavior and thoroughly evaluate its implications to ensure we protect the safety and privacy of New Yorkers.”

The device is called the “textalyzer” because of its similarity to the Breathalyzer, which is used to identify drunk drivers. Once plugged into a person’s phone for about a minute, it will indicate whether a motorist was texting, emailing, surfing the web or otherwise using his or her cellphone before a serious crash. The textalyzer would not access actual information on the phone, such as pictures, personal emails or web browsing history.

Read more: http://www.businessinsider.com/new-york-considers-testing-a-textalyzer-in-car-crashes-2017-7?r=UK&IR=T

[Skittles]

1. people, stop texting while driving, and stop texting TO people you know are driving

seriously, just fucking STOP

[CrispyQ]

2. One of my faves:

[Sucha NastyWoman]

6. I'm pretty sure the guy who T-boned me last year was texting

Or doing something else distracting because he never even saw me and continued accelerating out of a parking lot until he hit me.

I would have loved to have had a way to prove it if that were the case.

As it was, he told my insurance company that I ran into him (sideways I guess) while he was completely stopped. My insurance company took it to arbitration, who sided with my version.

[DrToast]

3. Sounds fishy

I don't know how they're going to get this device to work without cooperation from phone manufacturers.

[Not Ruth]

4. Police can sometimes impose a penalty for refusing a Breathalyzer

So perhaps they would suspend your licens for refusing a Textalyzer. Suspension can screw up your insurance, possibly even your career.

[NutmegYankee]

7. Considering that the SCOTUS has already ruled a warrant is required to search a phone, this is moot.

Can't impose penalties for refusing an illegal search.

[Not Ruth]

9. Is it illegal if you have already implied consent?

http://www.businessinsider.com/martin-kron-explains-why-you-should-take-a-breathalyzer-2013-11

We asked Martin Kron, a New York State traffic attorney and former judge, what to do when facing the threat of a driving under the influence (DUI) charge. (Some states use the acronym DWI, for driving while intoxicated.)

"Technically, you can refuse a breathalyzer, but it's not going to help you," he said.

First, most states have "implied consent," Kron said. By getting your license, you also agree to take a breathalyzer upon request. And if you turn it down, many of those states impose a separate penalty where you'll lose your license for a period of time anyway.

In New York, for example, the punishment for refusing a breathalyzer is just as harsh as actually driving drunk, according to Kron. (When you refuse a breathalyzer for the first time in the Empire State, your license can get suspended for a whole year.)

[NutmegYankee]

10. The SCOTUS has ruled DWI testing legal.

It specifically ruled that access to a cell phone required a warrant. Implied consent cannot be used to take away your civil liberties - for instance I can't make it law that using a drivers license removes your right to a lawyer or jury trial. I realize this will again go to the courts, but hooking a device to your phone is a search. In the latest phones, it's probably not going to be feasible without a passcode being entered, which violates the fifth amendment.

No one likes irresponsible people, but it is critical that we fight the creeping police state.

[BigmanPigman]

5. Sounds like all the states should follow their example if it proves effective

[jayfish]

14. No, it doesn't.

I have some questions. Does every driver who is in an accident have to submit to such a test or or does there have to be some reasonable suspicion that he/she was texting? Here's another one. My wife will often give her phone to a passenger to respond to an incoming text while she is driving. If that's the case and she is involved in an accident; how does she prove she was not the person doing the texting? For cars that do not provide a telemetry history; how is the exact time of an accident determined? Finally; what's the point of this? Punishment or prevention?

[Yavin4]

8. This won't stop people from texting and driving.

They're addicted to it.

[ProgressiveValue]

16. I could see people getting around this.

Some could go to extreme lengths of purchasing a secondary cheap phone that they keep specifically to hand over to police as if it is their main phone, while keeping their main one tucked away.

[Hassin Bin Sober]

11. I'm sure the cops will abide by the rules too?

Just kidding.

[Chemisse]

12. It is legal to talk on your phone, hands free in many states.

It would be important that the device be able to distinguish a phone call from a text.

[JustABozoOnThisBus]

13. Some (many?) phones support hands-free texting, receive and send.

Is hands-free texting a problem? I would guess any hands-free communication is still a distraction, diverting a portion of brainpower that would be better focused on the road.

[Chemisse]

15. Good point.

If it was no more distracting than a phone call, one would think it would be okay, so the device would have to be able to detect that as well.