My friends here is the San Antonio Texting Ban Ordinance. I also included the city council discussion of the item before it was adopted. As you can see, everyone who appeared was in favor of the ordinance, even the guy who took the time to count the 53 drivers he saw texting and driving while on his way to the meeting.
My bet is that the San Antonio ordinance will be very similar to the ordinance that Laredo will produce. Read it, and see that it is much more than a texting and driving ban. You will not be able to use your cell phone except to dial a phone number or talk to another person.
Gone are the GPS uses, gone are the mapping uses, gone are the email/text type readings (including any emergency updates, such as real time highway conditions from TxDOT) and any other thing you might use your cell/smart phone for besides talking. Smart highway technology and wired society, out the window.
Oh by the way, this is from the Texas Department of Transportation Website:
TxDOT Twitter Feeds
TxDOT joins the chorus of tweets on Twitter, a micro-blog that allows the agency to provide important travel updates and news to you in 140 characters or less.This was at the bottom of TxDOT's Social Media Information Webpage
Why use social media?
We don't just try to keep traffic flowing, we try to keep information flowing, too. Our customers use all sorts of new methods and we're committed to meeting those needs.
Social media can be used to supplement traditional communication methods and help interaction with the agency. It enables individuals to find out about the department's programs and activities in a quick, accessible and personable manner.
Will TxDOT have to remove and quit using texting/tweeting/social media as information sources as people might be tempted to read them while driving because of the importance of messages that could be being made available to the driving public?
Mind you, there will be no ban on putting on make up, no ban on eating or drinking in the car, no ban on being distracted by children crying or fighting in the back seat, no ban on smoking in the car (dropped ciggarettes), no ban shaving, no ban on reading a printed map, no ban on reading the newspaper, no ban on reading a magazine, and no ban on any of the other thousand things in a car that can be distracting.
I know whatever the Laredo city manager's team comes up with will pass. I would bet that the fire and police departments will be exempted....for emergency reasons of course. And an emergency is just the exact time you do not want to be distracted while driving. Hopefully they are the only exemptions and not city staff or personnel.
Enforcement will be very expensive and difficult at best. The only hope the city would have is that when stopped for texting and driving the driver will readilly admit guilt and sign a statement admitting such guilt.
Opps, that brings up an interesting legal question. If the police officer stops you and ask you if you are texting, and you say yes, and he writes you a ticket, could that ticket be thrown out of court for asking you to incrimnate yourself without due warning (Miranda). Or will texting traffic stops have to begin with the phrase: "You have the right to remain silent, anything you say can and will be used against you in a court of law, if you cannot afford an attorney, one will be appointed for you. Do you understand these rights? Will you talk to me now?"
How many of us will be stopped by the police and asked that question? Will this new ordinance become another tool for the police to use in making a traffic stop in search of something beyond a mere traffic violation? Hard to say.
Of course we know as Americans that we do not have to give, or let the officer look at our phone without a warrant. Nor can the police access your phone records without a subpeona. And I am not even sure you have to give the police officer your phone number. You are only required to produce your drivers license. And if you own multiple phones like I do (how many of your kids have phones in your name), how are the police going to know which phone record to go after, and how can they prove which phone you were using at the time.
So, how much time and energy are involved in getting a warrant or subpeona? Let's see, filling out an information with all the reasons for needing the information and what information the officer expects to find. An exact description of the items to be siezed, and so on. It will not be cheap in manpower hours. All for a $200 ticket? Even DWI's aren't this hard to prove.
Why am I putting all this information out there on how one MIGHT fight one of these tickets? Because, I think creating a new law that has real enforcability issues, is not warranted. I believe that by enforcing "existing" law, a safer Laredo would emerge. Why waste our money and time when our police officers can already issue a ticket to anyone driving in a wreckless and careless manner. Enforce that law with the same zeal as a texting ban, and people will learn that texting can cause you drive erattically and there will be a cost for doing so.
I forgot, our police officers DON'T EVEN GIVE TICKETS TO PEOPLE RUNNING RED LIGHTS RIGHT IN FRONT OF THEM. Why should we expect something like texting to get their attention...never mind.
From San Antonio City Council Meeting Minutes:
ITEMS FOR INDIVIDUAL CONSIDERATION
The City Clerk read the following Ordinance:
2010-10-07-0853
Item 4. AN ORDINANCE AMENDING CHAPTER 19, ARTICLE VII OF THE CITY CODE, TO
PROHIBIT THE USE OF A HAND-HELD MOBILE COMMUNICATIONS DEVICE TO SEND,
READ, OR WRITE A TEXT MESSAGE, OR ENGAGE IN ANY OTHER USE OF THE DEVICE
BESIDES DIALING TELEPHONE NUMBERS OR TALKING TO ANOTHER PERSON, WHILE
OPERA TING A MOTOR VEHICLE, AND PROVIDING FOR A FINE OF UP TO $200.00 PER
VIOLATION.
Chief William McManus presented Item 4 and stated that the City Council had passed an ordinance on
August 21, 2008 regulating the use of hand-held mobile telephones and communication devices in
designated school zones. Subsequently, on September 1, 2009, State Law banned the use of cell
phones in school zones. He noted that the issue of texting while driving had been presented to the
Public Safety City Council Committee. Their recommendation is that the use of the phone, with the
exception of dialing, answering and speaking, be prohibited while driving. He provided statistics from
the National Highway Traffic and Safety Administration in which nearly 5,500 deaths and 450,000
injuries were caused by distracted drivers in 2009. He stated that text messaging was banned for all
drivers in 30 states and the District of Columbia, and that school bus drivers were banned from texting
in Texas and Oklahoma.
Chief McManus recommended that the dialing of telephone numbers and talking to another person be
allowed. He stated that school zone restrictions would remain unchanged. He outlined the exceptions
that include the vehicle being stopped and out of traffic lanes, as well as reasonable belief that a
person's life or safety is in danger. He reported that warning citations would be issued the first 90 days
following the effective date of the ordinance; thereafter, the maximum fine would be $200. He added
that the Police Department would educate the public on the importance and requirements of the new
ordinance.
Mayor Castro called upon the individuals registered to speak on Item 4.
District Attorney Susan Reed spoke in support of the ordinance and referred to an accident that
occurred in which a VIA Bus Driver had been texting while driving. She stated that texting while
driving was dangerous and that it was important to establish a standard for the community. She
thanked Councilmember Cortez for his work on said item and asked the City Council to vote in favor.
Leo Trevino stated that he was a biker, veteran and father and expressed concern with people that text
while driving. He mentioned that just this morning, he counted 53 drivers that were texting and had to
use his hom to keep them from moving into his lane. He stated that there must be accountability for
people that text while on the road.
Nazirite Ruben Flores Perez stated that texting while driving was a distraction and spoke in support of
the ordinance.
Myriam Aguilar spoke to the fact that there were already too many distractions on the road. She stated
that she was a mother and would like to protect her children.
Cindy Aguilar also referenced the many distractions on the road and stated that driving requires
concentration. She mentioned that she was a student at UTSA and spoke of her experience texting
while driving. She stated that her car had rolled over three times and she had a near death experience.
Laura Escamilla stated that she was a mother and commonly witnessed individuals texting while
driving. She said that she was in support of the ordinance and taking preventative and protective
measures.
Julissa Florez stated that she was a mother and had been involved in an accident with an individual that
was texting while driving. She asked the Council to vote in favor ofthe ordinance.
Veronica Gonzalez representing Commissioner Chico Rodriguez read a letter from Mr. Rodriguez
stating that the issue of texting while driving had become more prevalent in San Antonio and
referenced the many fatal accidents that had occurred. The letter mentioned the importance of
educating the younger generation about the responsibilities of driving and recognized Councilmember
Cortez and Former Temporary Acting Councilmember Cantu for bringing the issue forward.Fonner Temporary Acting Councilmember Leticia Cantu addressed the City Council in support of the
ordinance and thanked the Council for their support. She added that she was speaking as a mother and
that the ordinance would help save lives.
Faris Hodge,
Mayor Castro stated that this was a common sense approach to make San Antonio Roadways safe and
recognized Councilmember Cortez and Fonner Temporary Acting Councilmember Leticia Cantu for
their leadership on the issue. Councilmember Cortez asked of the enforcement of the ordinance. Chief
McManus replied that enforcement would occur during Police Officers' regular course of duty.
Councilmember Cortez asked of the study released indicating that prohibiting texting while driving
increased accidents. Chief McManus replied that it was unfortunate that the statistic was released but
that it did not make sense. He added that having a law in place would deter individuals from texting
while driving. Councilmember Cortez spoke of the many accidents that have occurred due to
individuals that were texting while driving and the need to address emerging technology. He stated the
importance of a public education campaign and referenced the statewide ban on texting while driving
that would be sponsored by Senator Uresti. He asked that it be included in the City's Legislative
Agenda and thanked Fonner Temporary Acting Councilmember Cantu for bringing the issue forward.
Councilmember Cisneros spoke of the dangers of texting while driving and mentioned that there were
many studies that had been conducted to confinn it. She stated that it was important to protect the
community and asked that staff work with the Texas Department of Transportation to ensure that
drivers are aware of the new law. Councilmember Williams spoke of the control factors used in the
various studies and asked if the ordinance would make San Antonio a safer city. Chief McManus
stated that he felt that it would make San Antonio a safer city. Councilmember Rodriguez asked ofthe
category designation for traffic accidents. Chief McManus replied that accident reports utilized a
category for distracted drivers. Councilmember Rodriguez stated that it did not take a study to
understand the impact of texting while driving. He explained the importance of educating young
drivers in the community and stated as Chair of the IGR, he would be pleased to add it to the list of
legislative priorities.
Councilmember Lopez asked of novice drivers. Chief McManus replied that the tenn was utilized for
individuals that have just received their Drivers License. Councilmember Lopez spoke of the
importance of educating young drivers in the community about the new law. Councilmember Ramos
asked of the penalty for violating the ordinance. Chief McManus replied that a fine of up to $200
would be assessed. Councilmember Ramos stated that this was a step in the right direction and looked
forward to working on a more comprehensive plan. She requested a listsurrounding
municipalities that have also passed a ban on texting while driving. Councilmember Medina spoke of
the importance of outreach and education for young drivers in the community and mentioned that there
were already many distractions while driving.
Councilmember Cortez moved to adopt the proposed Ordinance. Councilmember Rodriguez seconded
the motion.
The motion prevailed by the following vote: AYES: Cisneros, Taylor, Ramos, Cortez, Medina, Lopez,
Rodriguez, Williams, Chan. Clamp, and Mayor Castro. NAY: None. ABSENT: None.
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