Having now read a little history of Texas and more articles and blogs than I can count I am starting to see the Libertarian twist in the state. What got me thinking about this was some national attention recently and some local discussions about banning texting while driving. The lack of a motorcycle helmet law, state gun laws, and a general feeling I get from media coverage gives me a real “original 13” feeling toward Texas. Yes Texas has the two party thing happening, but there is definitely a defined defense for keeping personal freedoms within that game. There is some serious partisan attitude here in Austin that is stronger than anywhere I’ve ever lived and even with that there is still some room for personal freedoms.
Now don’t get me wrong I think texting while driving is crazy, I like everyone else has seen or been behind someone who is erratic and downright dangerous while texting. However is that any different than helping your kid in the backseat find his toy he just dropped, or putting on some makeup ( c’mon girls own up). We don’t have laws that restrict these things because they would be worthless. How many citations are there for kids not in their car seats? Yet we have all seen that as well. Another item is seatbelts, anyone ever been pulled over for that? So how are we going to police an item that is either unseen or can be unseen is seconds. Yes we could wait until the accident has happened, but unless we can get a time stamp for a text or have visual evidence it would be almost impossible to prove unless confessed (yeah right). I guess my idea is to find the story about an idiot texting while driving who goes Evel Knievel over the guardrail and send it to the “Darwin Award” website (http://www.darwinawards.com/) for submission. We can’t regulate stupid, and as much as lawyers need work in this terrible economy we don’t need to add any stress to law enforcement or the courts.
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I agree and disagree. I agree with your analysis regarding Texans and their constant fight to keep personal freedoms. It is like none I have ever seen before and you are right, in Austin it's worse. Imagine if "Americans" in the mid 1700's had gotten away with everything they wanted then, we probably wouldn't have a government like the one we have today. Early settlers wanted want they wanted and when they wanted it, even to their demise. I feel like that attitude is resurfacing again and when is enough? How far must the envelope be pushed?
Your statement "we can't regulate stupid" I believe hits the nail on the head. Texting while driving is just stupid. I cannot count the number of times I have had a car swerve into my lane only to look over and see a phone in their hand as they wave an "oops" hand at you. Or better yet, when you honk to get their attention, in hopes that they won't hit you, they flip you the bird as if you've done something wrong. I just want to say "just saved your life stupid." California, Connecticut, the District of Columbia, New Jersey, and New York already have the Hands Free Cell Phone law, which if caught will cost you $50, and I 100% agree with it here in Texas.
As far as the seatbelt law, I know several people who have been pulled over for no other reason. It's funny and not funny at the same time. My theory is your life is worth the 3 seconds it takes to put it on, or at least the $100 you just spent for being stupid. In Florida the law states that you cannot be pulled over for a seatbelt violation but if you are pulled over for something else and are not wearing it (by the time the officer walks to your car window) that's an added $100 fine. I truly believe that laws are made with the intent to serve and protect and should not be tampered with, especially when the statistics show a significantly decreased number of death or injury after they are in place.
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