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.
– Just holding a cell phone while behind the wheel is now against the law
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].
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