Crimi-Nail Behavior
This piece brings up two issues that have been batted around here recently: Lane-splitting by motorcycles, and distracted drivers. In this case, a motorcyclist stopped at traffic lights was killed after being struck by a driver who was painting her nails (had she been between vehicles, the crash presumably would not have happened). The piece notes another egregious case in which a cyclist was killed by a driver who was “downloading ring tones” on his cell phone — and received nothing more than a “traffic ticket.”
The piece wonders, in that abstract way of lazy journalism, of “where the line should be drawn” in deciding what’s distracting: “Is programming a GPS more of a distraction than tuning the car radio?” Uh, yeah, it actually is, and there’s plenty of research on that — it’s why the car manufacturers don’t let you input addresses while you’re in motion, and they do let you change the radio station.
And the piece also finds the requisite “critics” of criminalizing distracted driving — not surprisingly, it’s a criminal defense attorney!
“Truth be told, anything we’re doing other than giving our full attention to the road is potentially a distraction, but that doesn’t make it a criminal case,” said Darren Kavinoky, a criminal defense attorney who practices in California.
So a glance to the side of the road is the same, in terms of non-criminality, as someone painting her nails while she drove?
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