Police State Deepens in British Columbia with Anti-Cell Phone Laws
Posted by pwl on January 4, 2010
The CULT of the Police State deepens in a disturbing way in British Columbia, Canada as of 1 Jan 2010.
It’s going to take a pretty creative excuse to get out of a ticket for violating B.C.’s new distracted driver law.
Effective Jan. 1, anyone caught holding a cell phone, PDA, portable music player or other electronic device while operating a motor vehicle is eligible for a $167 ticket. If the cop can prove you were actually using it, expect three demerit points, too.
That means simply fidgeting with a portable music player while stopped at a light is now against the law, according to RCMP Staff Sgt. Al Dengis, head of Central Okanagan Traffic Services.
“All the police are required to establish is that the individual was holding onto an electronic device,” he said.
Cops don’t have to prove that the device was in use or even on at the time of the offence.
“We simply have to show that you were driving the vehicle and holding the device,” Dengis explained.
This anti-cell phone law is unconstitutional, plain and simple for it assumes that one had diminished capacity when one is using a cell phone or other device in the car while driving. I’d like them to prove that I had diminished capacity even once while using a cell phone at any time for the past two decades.
Sure if a person is in an accident and it can be shown that a cell phone or a distraction was occurring and that that caused the accident that is one thing and the proper burden of proof of a contributing factor.
Failing an actual problem, such as an accident, it is well neigh impossible for them to prove that a driver has “diminished capacity” just because they were using a cell phone. It’s not like the case of alcohol.
However, to assume we are all guilty of diminished capacity just for holding a device or using a cell phone while driving is insanity and fails the burden of proof of guilt [that is required for the government to prove].
To blanket assume that everyone has diminished capacity using a cell phone device while driving is itself a serious crime against our basic rights and freedom.
Since they (the politicians who arbitrarily make arbitrary laws) give certain people exceptions they are further widening the gap between first class citizens – those with the power and special privileges above the law – and those second class humans that are forced against their will to obey insane laws that violate basic principles of freedom free from guilt.
This is another form of guilt by association. Have the phone in your hand while in the drivers seat and you are guilty. Insane.
Be very clear the burden that diminished capacity to drive MUST be proven by the prosecutors if you are faced with this insane charge. This is true especially if you’re on the phone and safely operating the vehicle properly and with awareness on the road conditions, other vehicles and pedestrians.
I think we’ll see that there are many defenses against this insane law and it’s very possible that it will be struck down as unconstitutional in a free country that values it’s freedom.
If someone is driving while not paying attention to the road conditions then they might be a road hazard however to blanket make us all criminals guilty of an offense for using a cell phone while driving is a dangerous sign of a totalitarian mentality.
One must fight back against the totalitarian mentality of those in the CULT of “government” who want to attempt to control every aspect of our lives at all costs to our freedom. Use your Natural Veto Power as a living human being and say NO to this. Fight these charges in court. File counter charges against officers, prosecutors, court staff, government members and staff, and judges who implement this draconian police state tactic of control over you.