Texting and Internet surfing drivers are probably the deadliest threat on the road today. I see people swerving and running off the road everyday, almost every one of them has a phone in their face.

Eating, smoking, makeup, cell phone, reading, etc are all distracted driving and should carry a greater penalty if there is evidence.

A cell phone would happen to be the evidence in this case.

There are enough bad drivers out there without providing them another distraction and, frankly, I'm sick of hearing about the number of new drivers who are killed within the first year of receiving their license because they were texting.

Dog knows how we all got by with only landlines... what a primitive culture we were fifteen years ago.

Knowing whether or not the phone was sending receiving voice/data at the time of incident is one thing. Accessing an app that reports speed, location etc. While pertinent is an overreach.

One of the insurance companies even has a dongle you can plug into your car to track your driving habits for risk assessment and rates.

They've got us coming and going.

It could just as easily be ones bookmaking records on an app. What about a mistresses phone number and calling history. Is something on the phone completely unrelated still admissible as evidence against you?

Does it count David Vitter's diaper changes?

GM cars have GPS built-in. It's called "On-Star" if you've never seen a commercial. All cars now have acceleration/deceleration capture built in.

Even if you're not using the "On-Star" service, I'll bet it's still got tracking information, so don't buy from GM.

Please don't argue with me if you don't know anything about cars.

be easy to get a warrant, A warrantless search is illegal. Could a person be prosecuted if they were not found to be texting or on the phone but found that they had set up a pot buy with a friend via text?
This would allow a police officer to have access to anything on that phone. Bank accounts, email accounts, pictures, any stored data. I feel that given all of the information on phones, this would reach the threshold of unreasonable search and seizure.

it would make waiting for a warrant useless. Guess we'll all have to memorize our dealer's digits.

Boy-Oh, they've have a hoot interviewing all the old people and business contacts in my address book.

They can get the phone records from the carrier... as is done every day.

No need to gut the 4th admendment

I don't think so, but I don't text on the cell phone, so I don't know... my fingers are gigantic.

I half agree with you, this one is sticky, and I hate the thought of vague laws. But we've all been on the road with morans who can't drive and chew gum at the same time. Writing texts on the DC beltway is an invitation to a murder conviction.

even those not hand held take away from seeing the road.

your contact list, browsing history, map history....

a warrant.