On Monday, Pat Powers bemoaned the loss of his "texting freedom" as South Dakota inched toward common sense in enacting its ban on texting while driving.
Christopher Weber of Madison shows us what "texting freedom" really means:
One minute Christopher Weber was checking his smartphone, trying to navigate mobile banking options as he guided his pickup truck along Highway 270. The next, according to a criminal complaint, he was attempting CPR on a young mother who was out for a bicycle ride with her two young children when she was hit by Weber's truck in southwestern Minnesota.
...Andrea Boeve, 33, of Steen, was biking with her young daughters along the shoulder of Highway 270 on Monday morning when Weber's pickup drifted over the white line, the State Patrol said. The pickup struck and killed Boeve about a quarter-mile from her home. There were no skid marks, the complaint said.
Weber told the investigator, "yes it would be fair to say, it could be," when asked if he was looking at his phone and not the road, the complaint said ["Madison Man Charged in Death of Minnesota Cyclist," AP via Madison Daily Leader, 2014.07.02].
While you're at it, Pat, how about bleating about how the BAC and sobriety checkpoints infringe on your "drinking freedom."
That moment of distraction forever changed the lives of two families. I hope that Ms. Boeve's family can find a way to forgive, after taking the limits of any insurance policy Mr. Weber has. And I hope Mr. Weber will promptly apologize to Ms. Boeve's family regardless of the consequences of doing so. I also hope that Mr. Weber will go on to have a fruitful life despite this one act of carelessness. Sometimes bad things happen to good people, and I think all involved in this tragedy are good people.
Anyone who is looking at their phone screen while driving knows full well what the consequences can be. This guy murdered someone because he couldn't wait to check his bank balance. He deserves life in prison, in my opinion.
How does one forget a child in a car in any weather? Coulda,shoulda,woulda. Is there an excuse that is acceptable?
Life in prison, rocky? That accomplishes nothing, fixes nothing and makes everything worse. Janklow got 100 days. I hope this guy gets some major mercy- community service. He's not a criminal , he's contributed much in his adult life already. Prison makes people worse and we are all worse off. It's not restorative for either victims or offenders. Hopefully this grieving husband can work through the grief and come to a place of forgiveness. Those are the truly inspiring stories that bring much good out of bad and make society better. Society out to encourage that and not just chomp for the pound of flesh. I speak as one whose father was violently killed while standing next to his disabled vehicle on a Hutchinson county road by negligent chronic speeder. We walked away from a wrongful death lawsuit. This widower needs to be compensated by insurance companies.
On social media for two days I've seen the positive impact of this already... People saying they are putting their phones in the glove box from now on. We are all guilty.
Distracted driving is already a crime... All texting bans do is allow officers into your phones without a warrant.
Also, checkpoints are an infringement upon your 4th amendment rights. Every justice on the court at the time of Michigan State Police v. Stitz agreed that it was (read the opinions)... But, the opinion of the court was that the state's interest in reducing drunk driving outweighed the constitutional right. I don't remember reading the part in the constitution that allows the court to rule on what is in the best interest of the state. I do however remember the part where they are charged with ruling on the constitutionality of the law.
The guy who stole Guy Fieri's Lamborghini and wrecked it got life in prison. As I recall,no one was injured. Lives aren't worth much anymore.
im not so sure the roads will ever be safe. i see people riding, walking, and jogging on the roads a lot. its their right to do so and completly legal just dont fall into a false sense of security becase we all are one balljoint or text message or drunk driver or stroke from being next or harming someone. i wish everyone safe travels over the independence day weekend.
What you don't hear about these incidents (not accidents) is that intelligent adults need to be legislated about would seemingly be common sense.
I've used cell phones since they first came out (phone in a bag at that time) and have always used discretion when I used one and drove. After awhile, I didn't like having a phone in the car as it infringed on the one place I could find solace in a busy world.
Why adults would take the risk of endangering their lives and others is incomprehensible, what part of right and wrong do we not understand, what part of responsibility don't we get?
Americans live their lives on the premise that "that couldn't happen to me, I'm special", until it does happen to them and property damage and death are the result.
When will people realize that there is *never*anything so important, one cannot wait until he/she gets home to take a call; or at the very least, pull the damn car over.
Pastor Steve, you can be the one to go tell the Husband and Daughters "Well, deep down he was a good man who contributed much in his life already. It can't be helped that he was too concerned with his bank balance to look where he was driving. We'll make sure he's punished. He'll have to waer an orange vest and pick up trash by the side of the highway. We think that's equal compensation for negligent manslaughter. "
How did people live and survive before cell phones?
We did just fine back then. Have you tried going without one for any period of time? You might find it refreshing and liberating.
All I have is a prepaid cell phone and the only time I have it turned on is when I am done shopping and have to call a cab for a ride home. There don't seem to be pay phones around anymore, at least the places I shop. As for forgetting kids in a car, I can't figure out how that can happen. I raised two kids and have four grandchildren, who when they were babies and toddlers I would have one or two of them with me and none of the above mentioned people ever got forgotten in a car.
JeniW-you get stranded with no help in sight,you relied on Shank's mare to go find help or reach shelter. Do women still drive and apply make-up? Out here in the country I don't see that many young women driving around.
Anyone remember the white diamond shaped,"Think" signs that were placed along the roads where fatalities occurred?
Well, Mike, what did people do before cell phones existed and they had problems with their vehicles?
Do women put on make-up while driving, do men shave while driving? I do not know. I am paying attention to my driving, not paying attention to as to whether someone in another car is picking his/her nose, coughing, smoking or whatever else.
I am not questioning the value of cell phones, but people do not need to be on their cell phones to socialize or do business while driving. If there is something urgent... get off the road then answer the phone, or make a call or send a text message.
Jessie, I the only time, and I mean the only time that I use my cell phone is when I am outside of my home is when I am at a location where the entrance door is too heavy for me, and I have made previous arrangements with a staff to open the door for me.
Mike, you'll see several of those signs on the road down from Lead through Central City to Deadwood.
Next time I try to fool around too much with the ham radio in my trusty truck Big No. 8, I'll remember this blog post and make certain that my fiddling takes place while parked far out of the way of anyone texting while driving.
I don't know what the law says regarding ham radio, it probably varies from state to state.
But the essence of death and dismemberment varies not a dot from Connecticut to California, from Vero Beach to Vancouver.
Radio hams would be just as crippled, just as pain-wracked, just as dead as the gal trying to remove her nylons on the 405.
http://www.youtube.com/watch?v=ai8Zp_ZccyE
I misinterpreted your question, Jeni. I thought you were inquiring about life in the Pleistocene. :)
Rocky, i do get to go break this kind of news in the middle of the night to wives and kids and parents. Been a police chaplain here since 2001 and many many times I've delivered the news. And I still say pound of flesh accomplishes nothing.
bloody eff: Hickey.
Cory Heidelberger wrote:
>>"On Monday, Pat Powers bemoaned the loss of his 'texting freedom' as South Dakota inched toward common sense in enacting its ban on texting while driving... While you're at it, Pat, how about bleating about how the BAC and sobriety checkpoints infringe on your 'drinking freedom.'"
Checkpoints infringe on our _driving_ freedom, regardless of whether we're drinking. Pat Powers and I don't get along well at all, but to my knowledge neither of us has ever killed anyone through careless driving.
"Liberty Dick" wrote:
>"Distracted driving is already a crime... All texting bans do is allow officers into your phones without a warrant."
Bingo. That's the barely hidden agenda behind the legal distinction between checking a mobile device and changing the radio station.
Driving is not a freedom. It is a privilege which we have to earn a license to engage in. The potentially lethal ability to move a large heavy object at any speed along a public roadway is not your right. If you choose to abuse the privilege by operating in an unsafe fashion, you should be subject to whatever laws are applicable.
I defended Pat Powers here, and a few minutes later he removed my comments from his blog and blocked me from even looking at it.
Live and learn, I guess.
Our hearts join at Wessington Springs, Kurt: all the best to you and yours, Sir.
I absolutely 100% support sobriety checkpoints. The more drunk drivers that are taken off the highways, the better. You or I could easily be a victim of their recklessness.
Kurt, don't feel too bad about Powers blocking you, it could be a blessing disguise. I've been blocked on Facebook by Chad, Annette, Bosworth for Senate and most recently Gordon Howie, There are probably more but I can't remember right now.
Mr. C, if I could facebook I would not block you because you are my friend and I respect and enjoy your bloggings.
Larry Kurtz wrote:
>"Our hearts join at Wessington Springs, Kurt: all the best to you and yours, Sir."
Thanks, Larry. The destruction missed my house by a couple of blocks, but it's still been a very stressful two weeks. The families I'm most concerned about are the ones with small children who had their houses ripped apart above them. The community will be recovering from this for a long time.
Roger Cornelius wrote:
>"Kurt, don't feel too bad about Powers blocking you, it could be a blessing in disguise."
Thanks, Roger. The blessing may not even be in disguise (ha ha).
Here is the latest installment of this painful story. Please read it. The response of the family that was injured is wonderful.
http://m.startribune.com/?id=265556271
LibDick, does the Supreme Court's ruling in Riley v. California last week moot your concern about warrantless data searches moot?
Jeni, Jessie, I'm in Canada this week, and my phone doesn't talk to Canuck towers. When we're out and about in the big city, we're incommunicado. I'm suffering no withdrawal symptoms.
Kurt, I don't like sobriety checkpoints, either. I'm fine with ending them... or at least moving them to Four Corners in Madison (hmm... will that chocolate shop make it Three Corners?) and every other bar district in the state. Target-rich environment.
We can argue about the proper legal response to dangerous behavior. But we need to agree that texting and driving, like drinking and driving, is dangerous behavior. The question is not whether to stop it, but how to stop it.
Pastor Hickey's response on restorative justice is profound. What is the proper price one citizen must pay for killing another through willful negligence? What freedom should the killer forfeit?
Do read the article Deb links. It includes this comment from the aggrieved family's pastor: "They are not resentful or bitter. They don’t want to ruin his life." Should the law demand something the victims do not want?
I'll say this: the dead woman's family are stronger, more grace-filled people than I. I do not wish to imagine my response to a man who would kill my wife in front of my child through sheer self-absorbed carelessness, but I suspect my response would include resentment and bitterness.
But the law is not built on resentment, bitterness, or any other such emotion.
JeniW-I thought I answered your original question Before cell phones when you had car trouble(speaking from experience) you walked(Shank's mare) to the nearest abode and asked for use of their phone or for shelter from bad weather. Ride Shank's mare was the general response from my Dad when I was growing up and asked for a lift to anywhere within easy walking distance.
Yes, you did Mike, I misread your comment, but could not change what I typed.
My bad.
As an everyday commuting cyclist in the Twin Cities, this is my greatest fear: getting killed or maimed by someone distracted by their mobile device. Yes, I've even seen people driving while using their laptop, so it's not just cellphones. And it's not just cars, but cyclists are guilty of it, too. Last time I checked, "Unrestricted use of mobile devices" was not listed anywhere in the Constitution or Bill of Rights. Sure there are lots of other things that distract drivers, but let's not let perfect be the enemy of good. We have to start somewhere and I would suggest starting with the mobile device manufacturers by making it illegal to manufacture those devices that operate while in motion. You want to make a call or check your bank balance while away from your house? Fine, pull your car or bike or horse-drawn carriage over to the side of the road (preferably in a safe manner) and see if your recent deposit is available for withdrawal yet. Just down infringe on my right to LIVE by running me over because you're too lazy or dumb to understand the consequences of your actions.
Sam is exactly right. If my phone rings while I'm driving I ignore it. The caller better leave a message, which I'll check when I get around to it. I don't get why some folks feel like they must drop everything and answer their phone immediately when it rings.
I use Google Maps to find my way to new places - when my car is stopped. I used it today to find my way to Taste of MN in Waconia. I located it, memorized the first few turns, and took off. looked at it again when I was stopped at a light. (Even that is illegal in MN.)
I'm so careful with my phone use because I can't imagine the living hell of trying to cope with having killed someone simply because I was being careless. How is the young man from Madison going to do that? He needs every single prayer that family, and anyone else, offers him. What could be worse?
I do not imbibe and I don't drive much at night anymore. I will say I would not like being caught up in a DUI checkpoint since I believe they are fishing expeditions for the police. They may save lives. I have not read any stats one way or the other,but there is always someone getting charged with crimes other than DUI. So?
Police poison the highway safety well if they exploit sobriety check points for other purposes. The importance of getting drunk drivers off highways and perhaps into treatment is much more important than police exploiting highway safety concern to mess around with other non-highway safety issues.
We visited Rapid City and moving the speed limit sign a mile and 1/3 west appears to have destroyed that speed trap. Even so, driving on the fourth we met 1 Rapid City police car and four highway patrol cars between Rapid City and Wall. The interstates are the safest highways and highway patrol enforcement on those is not likely to do much to improve highway safety. They need to get out on other highways and county roads, etc. to make a dent in needless crash fatalities.
This morning in dinky Winner home of an extra-ordinary percentage of bad drivers, a woman yakking on a cell phone drove past a stop sign and went right between me and the guy coming from the other direction. We both hit brakes and she was oblivious to either of us.