cell phone stupidity

Buffalo Pundit has an interesting post that dissects Jim Ostrowski's soon-to-be argued brief regarding the constitutionality of New York State's driving while cell-phoning law.  I spent some few minutes looking over the brief and BP's commentary, and I was left with an interesting thought or two…

Can a law be repealed or declared unconstitutional on the basis of this – "it's a stupid f&%*ing law"? 

I looked at the actual law as suggested by Jim O.  and discovered that it's OK to have the phone in your hand and dial or turn off or apparently even use the text messanger on it while driving.  But don't put the phone to your ear 'cause that's really bad.  Even if the phone isn't on.  At least that's what I gathered.  Fine.  Not unconstitutional, just stooooopid.

The part that I don't get is this.  Why is that not covered by the following law? VAT Title 33, Article 7, Section 1212 is this:

 § 1212. Reckless driving. Reckless driving shall mean driving or using any  motor  vehicle,  motorcycle  or  any other vehicle propelled by any power other than muscular power or any appliance or accessory thereof in a manner which unreasonably interferes with the free and proper  use  of the  public  highway,  or  unreasonably  endangers  users  of the public highway. Reckless driving is prohibited.  Every  person  violating  this provision shall be guilty of a misdemeanor.

Hell, doesn't that cover it?  Cell phones, eating dinner while driving, reading, doing make-up, you name it.  I think you're good here.  If we follow the logical progression, we'll soon have a law that states that it is illegal to drive with your eyes closed.

So, Jim O., go for it.  Don't think you'll get anywhere, because I think the Pundit has some strong arguments as well.  But dammit, we shouldn't have to waste our time fighting ridiculous laws like this to begin with.

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One Response to “cell phone stupidity”

  1. RandomThoughts101 Says:

    Here here Red.

    Go Sabres !!!

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