You've heard of the Breathalyzer... Beware of the TEXT-alyzer - Bimmerfest - BMW Forums



Go Back   Bimmerfest - BMW Forums > Everything Else > Off-Topic

Off-Topic
Everything not about BMWs. Posts must be "primetime safe" and in good taste. No personal attacks allowed. **Note** - Political posting is not allowed (or welcome) at Bimmerfest.

Reply
 
Thread Tools Display Modes
  #1  
Old 06-29-2017, 07:56 AM
MatWiz's Avatar
MatWiz MatWiz is offline
Psychology Reversalist
Location: NYC
 
Join Date: Jul 2004
Posts: 17,427
Mein Auto: 528
You've heard of the Breathalyzer... Beware of the TEXT-alyzer

Got this email from a NY traffic lawyer.

Quote:
JUNE 2017
New High Tech Way To Catch Distracted Drivers
Textalyzer
You have heard of a breathalyzer but likely have not yet heard about a "textalyzer", the newest technology which can be used to incriminate distracted drivers.

The technology determines if you have been using your electronic device illegally on the road.


The New York legislature is considering allowing police officers to use textalyzers to break into your phones and see if you wrote or read texts or emails, accessed apps, browsed the web or otherwise used your phone within a short time of a car stop or accident. The bill has passed out of one committee and is pending in another. Given Governor's long-term crusade against distracted driving and prior successful efforts to strengthen distracted driver laws, passage of this bill seems like a fait accompli.

If approved, I expect police officers responding to accidents to routinely obtain this data as part of their work to generate a police report. Such data can likely be used against the offending driver in a court case. I can also see this technology being used as part of a routine traffic stops and used by police officers during traffic trials for violating VTL 1225c and 1225d. The law would make it much easier to secure this data and avoid the arduous task of obtaining a search warrant.

So here is how it works. A police officer simply attaches a cord to a motorist's device and connects it to the textalyzer. Upon the tap of one button and in under 2 minutes, the device will show the device's last activities with time stamps. Specifically, the textalyzer displays a summary of what apps on the phone were open and in use, as well as screen taps and swipes. Addressing privacy concerns, manufacturers of the device claim that it will not download content.

This will be an effective enforcement tool. It will also make it very difficult to beat traffic tickets issued for illegally using a cell phone or electronic device.
If it reduces distracted driving, then I am all for it. There are way to many accidents, injuries and casualties from motorists stupidly using their devices while driving. PLEASE put the away while behind the wheel!!

"Confessions Of A Traffic Lawyer"
Blog Posts
EntrepreneurshipNYC To Pay Persons With Dismissed Pink Tickets
Can I Use Waze Or GPS While Driving In New York?
Suffolk County Traffic and Parking Violations Bureau No Longer Can Impose Jail Sentences
New York's Cell Phone & Electronic Device Laws To Get Even Tougher
back to top
Your thoughts? Comments?

.
__________________
MatWiz
"The greatest thing about the internet, is that you can quote something and totally make up the source." - George Washington.

Last edited by MatWiz; 06-29-2017 at 08:03 AM.
Reply With Quote
Sponsored Links
Advertisement
 
  #2  
Old 06-29-2017, 08:56 AM
cwsqbm's Avatar
cwsqbm cwsqbm is offline
I do'nt make mistakes.
Location: Somewhere in the aether
 
Join Date: Aug 2004
Posts: 10,478
Mein Auto: Quadricycle
If you get in an accident, smash your phone to pieces? Drop it down a sewer before the cop shows up?

It's yet another way the government is invading the privacy of everyone because a minority can't behave.

How soon until there's an app that constantly wipes out records of what's happening on your phone?
__________________
.................................................. ...............................So long, Photobucket. .................................................. ..........................................
Reply With Quote
  #3  
Old 06-29-2017, 10:18 AM
Dave 330i's Avatar
Dave 330i Dave 330i is offline
The King of Common Sense
 
Join Date: Jan 2002
Posts: 2,140
Mein Auto:
The state supreme court will find it unconstitutional as the information gathered is beyond what is necessary to prosecute.
Texas finally passed a law after a devastating accident. A while back then Gov Rick Perry vetoed a similar bill. The bill would ban drivers from texting while a vehicle is moving, making it a misdemeanor offense punishable by a fine ranging from $25 to $99, with penalties up to $200 for repeat offenders.
__________________
Everybody is a genius. But if you judge a fish by its ability to climb a tree, it will live its whole life believing that it is stupid. Albert Einstein

Swim upstream. Go the other way. Ignore the conventional wisdom. If everybody is doing it one way, there’s a good chance you can find your niche by going exactly in the opposite direction", Sam Walton.

Last edited by Dave 330i; 06-29-2017 at 10:23 AM.
Reply With Quote
Sponsored Links
Advertisement
 
  #4  
Old 06-29-2017, 10:54 AM
MatWiz's Avatar
MatWiz MatWiz is offline
Psychology Reversalist
Location: NYC
 
Join Date: Jul 2004
Posts: 17,427
Mein Auto: 528
Quote:
The state supreme court will find it unconstitutional as the information gathered is beyond what is necessary to prosecute.
I agree.

It's a lazy way to solve a traffic incident and might in many cases point the finger to the wrong person.
__________________
MatWiz
"The greatest thing about the internet, is that you can quote something and totally make up the source." - George Washington.
Reply With Quote
  #5  
Old 06-29-2017, 04:00 PM
captainaudio's Avatar
captainaudio captainaudio is offline
Worlds Foremost Authority
Location: Upper East Side Manhattan - Lime Rock CT
 
Join Date: Jul 2007
Posts: 15,956
Mein Auto: M4 Cabrio - Cayenne GTS
How can it be determined if a phone call was made with a hands free device which AFAIK is legal in most (all?) states?


Sent from my iPhone using Bimmerfest mobile app
__________________


Drivers Club at Lime Rock
The Glen Club (Watkins Glen International)
International Motor Racing Research Center
BMWCCA
Cayman Club Nor'Easters
Porsche Club of America
Madison Ave. Sports Car Driving and Chowder Society (Only a Vice President)
Sports Car Club of America
Polish Racing Drivers of America (PRDA)
M Gruppe (New York Metro/New England Regional Director)
Simeone Foundation Automotive Museum
Mount Washington Observatory
Society of Automotive Historians
Reply With Quote
  #6  
Old 07-03-2017, 04:33 AM
Alpine300ZHP Alpine300ZHP is offline
East Coast Commuter
Location: South Florida
 
Join Date: Jan 2007
Posts: 4,589
Mein Auto: M3
Quote:
Originally Posted by MatWiz View Post
I agree.



It's a lazy way to solve a traffic incident and might in many cases point the finger to the wrong person.


There is more to it than that. The US Supreme Court has ruled that law enforcement cannot search a cell phone without a warrant. How are they going to manage to get away with this law? It will be challenged and defeated if ever passed.


Sent from my iPhone using Bimmerfest mobile app
__________________
~ 19 X6M
- Previous BMW's - Way too many to list here (24)
Reply With Quote
  #7  
Old 07-03-2017, 05:20 AM
wyb's Avatar
wyb wyb is offline
Officially Welcomed to the 'Fest
Location: Stepping away from the keyboard ...
 
Join Date: Jul 2008
Posts: 6,764
Mein Auto: A car
Quote:
Originally Posted by captainaudio View Post
How can it be determined if a phone call was made with a hands free device which AFAIK is legal in most (all?) states?


Sent from my iPhone using Bimmerfest mobile app

I would assume that on a modern smartphone, there is a tag to indicate how the data was entered - either manually or voice recognition. It's still illegal search without a warrant.
__________________
535i XDrive | Alpine White w/Black+Natural Leather Interior
Reply With Quote
  #8  
Old 07-03-2017, 10:10 AM
Dave 330i's Avatar
Dave 330i Dave 330i is offline
The King of Common Sense
 
Join Date: Jan 2002
Posts: 2,140
Mein Auto:
Quote:
Originally Posted by Alpine300ZHP View Post
There is more to it than that. The US Supreme Court has ruled that law enforcement cannot search a cell phone without a warrant. How are they going to manage to get away with this law? It will be challenged and defeated if ever passed.


Sent from my iPhone using Bimmerfest mobile app
A dozen states still have anti-sodomy laws on the books 10 years after the U.S. Supreme Court ruled they are unconstitutional.

TX can take you to court, appeal all the way up to the supreme court, and you win. But TX has a law in regards to liability. Max is $500K. I am sure legal fee will exceed $500K if a case reaches the supreme court.
__________________
Everybody is a genius. But if you judge a fish by its ability to climb a tree, it will live its whole life believing that it is stupid. Albert Einstein

Swim upstream. Go the other way. Ignore the conventional wisdom. If everybody is doing it one way, there’s a good chance you can find your niche by going exactly in the opposite direction", Sam Walton.
Reply With Quote
  #9  
Old 07-05-2017, 05:25 AM
Coconutpete Coconutpete is offline
Coconut Pete's paella!
Location: Charlotte, NC / Denmark
 
Join Date: Feb 2008
Posts: 5,206
Mein Auto: 2K Z3 2.8
Add 10% to the police force. Make them all undercover. Make their only job to drive around and issue tickets for texting and driving. Problem solved. No need for a "textalyzer".

Overcomplicating the problem ..... we have to actually start ticketing first. 99% of cars I see around me have a driver texting.
__________________
Zed's dead baby. Zed's dead.
Reply With Quote
Reply

See More Related BMW Stories


Forum Navigation
Go Back   Bimmerfest - BMW Forums > Everything Else > Off-Topic
Today's Posts Search
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On



Forum Jump


All times are GMT -7. The time now is 08:12 PM.


Powered by vBulletin® Version 3.8.8
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2020 DragonByte Technologies Ltd.
© 2001- VerticalScope Inc. All rights reserved.