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Jeff Weinstein
Jeff Weinstein
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California Lawyer Says Distracted Driving Allows “Pretext Stops.”

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I have spent several years traveling throughout East Texas talking about the dangers of Distracted Driving. I know first hand the injuries and death that are directly related to the senseless texts and use of cell phones while driving. Every month we represent several new victims that are injured for no reason at all other than someone doesn't think about the consequences of driving and using a phone.

Attorney Peter Johnson told the San Francisco Chronicle that police are using texting and driving laws as a pretext for stopping to investigate people who may not be doing anything illegal.

Sorry to disagree but my belief is that law enforcement that wants to stop someone will stop them regardless of whether it is a pretext stop or not. The idea that we should not be in favor of distracted driving laws because it gives law enforcement the opportunity for pretext stops just isn't good enough for me. We need distracted driving laws to protect us from those that refuse to understand the dangers associated with cell phone use and driving.

My own beloved Texas does not have a state wide ban on texting. It is illegal to use a cell phone in a school zone. Both houses of state government voted in favor of a state wide ban but Governor Perry vetoed the bill.

I feel very confident in saying that if law enforcement in Texas wants to pull someone over they will regardless of whether it is for alleged cell phone use or some other allegation. I also choose to believe that most law enforcement stop people for completely valid reasons and do not engage in pretext stops.

If someone is stopped for what they believe is a false accusation, they always have the right to file a complaint with the appropriate law enforcement agency. For me, I would rather that law enforcement have the right to stop drivers for texting while driving. I believe that authority is necessary to keep our roadways safe.

Drive Safe – XTHATXT

Say NO To Distracted Driving

Jeff Weinstein