Michigan woman banned from having cellphone

[sw3759]

found this story buried in an automotive newsletter i sometimes read..
kill a cyclist and get 90 days and no cell phone..these stories make me nauseous mainly because we see them on a weekly if not daily basis.i just need to stop reading them i guess
i didn't find this ladies name when i did a search on the forum so not sure if anyone here knew her or not and i dont know the whole story or when it took place.




MICHIGAN WOMAN BANNED FROM HAVING CELLPHONE
A Michigan judge banned a woman from owning a cell phone Wednesday as part of her probation after she killed a cyclist while driving distracted last fall.

Mitzi Nelson pleaded no-contest in the death of Jill Byelich. Nelson struck Byelich, who was wearing a helmet and reflective clothing, as she rode her bike last fall.

Police say Nelson was distracted by her cell phone at the time.

"I don't think she has a right to have a cell phone," Judge Stewart McDonald said at Nelson's sentencing, The Detroit Free Press reported. "I think it's a privilege."

Nelson will not be allowed to own a cell phone during her two-year probation.

She must also serve at least 90 days of her six-month jail sentence, speak to 20 driver's education classes about the dangers of distracted driving and perform 150 hours of community service. She must also pay thousands in restitution and fees.

[awdwon]

Not sure what Michigan's rules are for driving while talking on cell phones but based on the number of people I see doing it I can't imagine it's enforced if they do have a law. Here in Ontario it's enforced somewhat but still lots of distracted drivers, it's pretty scary sometimes when you see these idiots driving around and the last thing they're thinking about is driving the car.

[SlowPokePete]

90 days in jail ... sheesh.

No more celly?

I wonder if she's old enough to remember when no one had a cell phone anyways...

SPP

[oldpotatoe]

90 days in jail ... sheesh.

No more celly?

I wonder if she's old enough to remember when no one had a cell phone anyways...

SPP

I hope it's a felony that cannot be removed in the future and no cell phone, how is that enforceable? I'll bet she already has one.

[JStonebarger]

90 days and no cell phone is more punishment than most receive, isn't it?

I thought "Sorry, I didn't notice" = a get out of jail free card.

[Tony T]

Related thread on this topic: http://forums.thepaceline.net/showthread.php?t=169341

[Plum Hill]

I heard this on Fox News (of all places) the other night.
The driver's husband finked on her for texting at the time.

I live in Illinois. The state passed a law last year making the use of non-hands-free devices against the law. Like many other laws passed in this state, there is almost zero enforcement.
Sad.

[Dead Man]

Where do you draw the line? Does changing the station on the radio count? Does "thumbs down"ing a song I don't like on Pandora, on my phone, count? Does rejecting a call on my phone count? Does rolling the window down count? Obviously writing a text message, surfing the web, making a phone call with the phone in-hand and on the ear count. What about a phone on speakerphone? What about a phone on speakphone....... held in the hand? What about punching in a GPS address? What about LOOKING at your GPS screen?

I just don't understand how lines can be drawn through all these things. I was gobbling down a huge, sloppy sandwich that was dropping tomato and mayo in my lap the other day, and passed a cop... the reason I noticed the cop, and why it's relevant is because I felt guilty and had a half a second doubt about whether what I was doing was legal. It was, though. I thought to myself, if this isn't distracted driving, I don't know what is. I was definitely paying way more attention to the mess happening in my lap than I was to the road (but obviously still watching the road, if I noticed the cop [which was probably just another mental distraction])... I'd be significantly less distracted just having a basic phone conversation with the phone to my ear. Yet - there's nothing unlawful about eating a giant, messy sandwich in the state of Oregon.

[zmudshark]

Where do you draw the line? Does changing the station on the radio count? Does "thumbs down"ing a song I don't like on Pandora, on my phone, count? Does rejecting a call on my phone count? Does rolling the window down count? Obviously writing a text message, surfing the web, making a phone call with the phone in-hand and on the ear count. What about a phone on speakerphone? What about a phone on speakphone....... held in the hand? What about punching in a GPS address? What about LOOKING at your GPS screen?

I just don't understand how lines can be drawn through all these things. I was gobbling down a huge, sloppy sandwich that was dropping tomato and mayo in my lap the other day, and passed a cop... the reason I noticed the cop, and why it's relevant is because I felt guilty and had a half a second doubt about whether what I was doing was legal. It was, though. I thought to myself, if this isn't distracted driving, I don't know what is. I was definitely paying way more attention to the mess happening in my lap than I was to the road (but obviously still watching the road, if I noticed the cop [which was probably just another mental distraction])... I'd be significantly less distracted just having a basic phone conversation with the phone to my ear. Yet - there's nothing unlawful about eating a giant, messy sandwich in the state of Oregon.

How about no hand held electronic devices for the driver of any motor vehicle?

Draw a line from there.

[Dead Man]

How about no hand held electronic devices for the driver of any motor vehicle?

Draw a line from there.

So GPS is cool, radio is cool, any activity on a phone in a cradle (or just sitting someplace, otherwise not in the hand) is cool, sandwiches are cool, laptops are cool.....etc? What about MP3 players, where there's only 2 buttons your press - skip and play.... but it sort of needs to be in the hand to press one or the other button? But what about hands-free phone calls? They still generally require pressing at least ONE button, on the phone or a bluetooth, to activate the voice-activation feature or answer an incoming call. Fiddling with ear buds?

I'm not saying lines CANT be drawn, or even that this definition you give shouldn't be it... just wondering how, still, you can draw that line?

[pbarry]

Guilty here as the next person in momentary lapses is concentration while driving, but never texting..

Two hands on the wheel should be the goal, or even better, the normal thing.

[Seramount]

when I drive, I don't text, make cell calls, or eat.

not a huge concession on my part...

[zmudshark]

So GPS is cool, radio is cool, any activity on a phone in a cradle (or just sitting someplace, otherwise not in the hand) is cool, sandwiches are cool, laptops are cool.....etc? What about MP3 players, where there's only 2 buttons your press - skip and play.... but it sort of needs to be in the hand to press one or the other button? But what about hands-free phone calls? They still generally require pressing at least ONE button, on the phone or a bluetooth, to activate the voice-activation feature or answer an incoming call. Fiddling with ear buds?

I'm not saying lines CANT be drawn, or even that this definition you give shouldn't be it... just wondering how, still, you can draw that line?Draw the line further back, if you want. Start with handheld electronics.

It's not hard, ask a Canadian.

[GuyGadois]

What a tragedy. Its so frustrating when our own laws fail us.

I can't wait for humanless driving cars. They can't possibly be worse than human drivers, can they?

GG

[BobO]

Cell phone ownership is a privilege? I seriously doubt that statement will stand up to appeal.

How about the victim's right to live was violated, so we can now legally restrict the rights of the aggressor? Such punishment fits the crime and is not cruel or unusual.

[JAllen]

How about the victim's right to live was violated...
It's ok. It was just one of this pesky "people" on a bike. If they're not in a car they don't have a right to life. Unless, God forbid, you should use a weapon...

[jet sanchez]

If you ever want to get away with murder, use a car as your weapon.

[Jgrooms]

The law, while imperfect, is a start. First thing to do for any of us who get hit is too demand the cell phone be checked. Obvious use should be in report. The # and carrier also. If there is a law, and they were 'using' arrest them on the spot.

[BobO]

There is already a law that requires a driver to use necessary care. You can already subpoena the aggressors phone as evidence.

[redir]

So GPS is cool, radio is cool, any activity on a phone in a cradle (or just sitting someplace, otherwise not in the hand) is cool, sandwiches are cool, laptops are cool.....etc? What about MP3 players, where there's only 2 buttons your press - skip and play.... but it sort of needs to be in the hand to press one or the other button? But what about hands-free phone calls? They still generally require pressing at least ONE button, on the phone or a bluetooth, to activate the voice-activation feature or answer an incoming call. Fiddling with ear buds?

I'm not saying lines CANT be drawn, or even that this definition you give shouldn't be it... just wondering how, still, you can draw that line?

But texting while driving has actually been studied and peer reviewed. IT demonstrates that texting while driving is more dangerous then driving drunk. There is science to back it up, I guess that is a good place to draw the line.

It's scary what I see on my college campus when I go out for my daily walk. I made a habit of watching every driver go by and at least half of them have a phone shoved in front of their face. That's nothing like changing a radio station. It's not just young kids either though they are probably the most dangerous having grown up with electronic devices shoved in their faces and being inexperienced drivers.

In Virginia it's illegal and the cops do actually patrol it. One cop will be driving and they put two more in the back seats to just watch people as they drive by on the highway. If you have a phone in your face you will be pulled over. But it's not much more then a slap on the wrist.

[BobO]

But texting while driving has actually been studied and peer reviewed. IT demonstrates that texting while driving is more dangerous then driving drunk. There is science to back it up, I guess that is a good place to draw the line.

There is a very simple difference between the controls in a car and smart cell phone use. Cell phones have a screen with a homogenous surface that you must be looking at and processing the content in your mind. Car controls are tactile. I can turn the radio on and select one of my favorite stations without ever taking my eyes off the road, I can set the cruise, operate the wipers, change gears, set the temperature, all while looking ahead. Of course this is also changing because many of the vehicles controls are being moved to touch screens, which to my mind makes cars much more dangerous for the same reason phone use is dangerous. It requires you to take your eyes off the road and consciously process information rather than use tactile memory.

[redir]

There is a very simple difference between the controls in a car and smart cell phone use. Cell phones have a screen with a homogenous surface that you must be looking at and processing the content in your mind. Car controls are tactile. I can turn the radio on and select one of my favorite stations without ever taking my eyes off the road, I can set the cruise, operate the wipers, change gears, set the temperature, all while looking ahead. Of course this is also changing because many of the vehicles controls are being moved to touch screens, which to my mind makes cars much more dangerous for the same reason phone use is dangerous. It requires you to take your eyes off the road and consciously process information rather than use tactile memory.

Yup! It's funny my car has no cup holders and from what I understand that was part of the design. Drinking and driving, eating and driving and so on are dangerous and when driving you should only focus on driving. Todays cars practically have food trays for every seat :)

[staggerwing]

What a tragedy. Its so frustrating when our own laws fail us.

I can't wait for humanless driving cars. They can't possibly be worse than human drivers, can they?

GG

Laws don't fail us. They simply codify what society deems 'reasonable behavior' and determine penalties for those that decide to ignore them. Even if they are recorded, they only count if monitored for compliance by appropriate authorities, and supported by prosecution.

In general, I've seen little public support for enforcement of laws which penalize sloppy and inattentive driving unless such behavior has hit close to home.

[jimcav]

Yup! It's funny my car has no cup holders and from what I understand that was part of the design. Drinking and driving, eating and driving and so on are dangerous and when driving you should only focus on driving. Todays cars practically have food trays for every seat :)

but it is a '79 :)