California woman who drove with Google Glass beats traffic ticket
reuters.com
reuters.com
At first this sounded pretty vindictive, as though I could hear the officer ending the argument with "fine, we'll let the judge decide!" But after a little thought that sounds like a rather reasonable reaction.
Clearly there was some confusion about the legality and technically it did qualify as a "monitor", so some sort of legal precedent would be necessary to adequately end that argument, and the only way to get it into the courts was to issue a citation.
He didn't say "I wasn't sure about the legality, so I referred it to a judge", rather saying he cited her because she got argumentative.
ie., "Don't challenge me if you disagree, otherwise I'll treat you as though you've broken the law."
That's pretty crappy behaviour on the officer's behalf IMHO.
There is no reason to get argumentative with someone doing their job, let alone a traffic cop. All that while they are working on your incident they have to watch out for traffic, your actions, and ensuring you don't get so excited your a threat to yourself or them.
More than likely, being familiar with "our type"; techies, she came off as a pretentious twit and treated him with contempt for being an ignorant cop.
I get that you're trying to provide some nuance here, but let's not pretend that all police officers are honest and decent individuals just doing everything by the book. It goes both ways.
I wouldn't have minded this if I were pulled over for speeding and he noticed and added it to the ticket but to get pulled over for being poor, harassed and then written a ticket for the windshield crack...
Maybe that's an acceptable way for the police to pull anyone they feel like over, but there should be some sort of suspicion required. I know this is the everyday experience of a lot of people but I don't think it's acceptable for it to happen to them either.
I've been abused in a similar manner, versus given a warning and relevant "counselling" (how to not get pulled over) from an officer with a more mentoring style.
Of course, being legally required doesn't mean it is actually the practice.
Maybe not, but by the same token it's not OK for them to add to a ticket because their ego is challenged, and to do so raises all kinds of unfavorable stereotypes about law enforcement.
Regardless, it sounds like she was argumentative. That's fine, but accept the consequences. Like I said, he is free to cite her, and I don't necessarily blame him for doing so given what I've read.
What I'm saying is that I believe the cop was within his rights to issue a citation. If that is true, then he did nothing wrong. He has discretion. If you're going to argue with the person who has a choice in whether or not to punish you then you should expect to be on the losing end.
It's no different than getting pulled over for speeding. Assuming that you were in fact speeding, the officer is allowed to issue a citation, or not. It's up to him. If you're a jerk then you're going to get one. "Tyrrany"? C'mon.
Cops don't have "rights" to issue citations. They have power to issue citation as an aspect of their job, and an obligation to use that power within its legal bounds, which include, in the case of issuing citations, generally that there be probable cause to believe that the person has violated the law identified on the citation.
Not if he didn't even try to discern whether it was being used for navigation. You ask whether the citation was unwarranted, but I think that betrays an authoritarian attitude. Was the citation warranted? The judge says no.
In this case I think it would've been most reasonable for the officer to ignore the fact that she was wearing Google Glass, and then check whether they should issue tickets for that in the future.
It's not difficult to infer that the officer initially intended to issue a warning to the woman about wearing Glass while driving, and that she argued the point saying it was not illegal. Her argument definitely would've signaled her intent to continue driving while wearing Glass, which the officer would have construed as a potential safety risk.
The officer really had no choice in the matter at that point, I'd say.
I suspect that Glass would beat out the Garmins and Tomtoms.
I personally hate the idea of drivers wearing these things. My undergraduate was in psychology, neurophysiology, and hence I've been formally trained in attention and perception - I've got a better idea than layfolk on how these are compromised, though I'm not a professional in the field. In my opinion, the Glass is a significant attentional split - which is bad for driving. One example: say voice control is working fine (it doesn't always). You still have to take your eyes off the road, target a small reticle, make sure the glass is responding correctly. Even after that, there's still issues like just having a phone call in the car, which regardless of the device is a driving-performance-reducing attentional split.
Glass really, really impresses me as a technological feat; as a product I think it's a solution looking for a problem; and as a social phenomenon, I think it's quite dangerous when mixed with common activities like driving.
Think about the avg hourly commute to work - how useful would it be if that time could be used for something else!
If you're wearing Glass properly, the screen is also up at an angle above your eye. If you're sitting in the driver's seat of a vehicle and looking forward, the display would be about at the area where your sun visor would be if it were flipped down over the top of your windshield.
This still happens? I thought it was pretty standard for officers to calibrate and maintain written records (at least, it's standard in new york)
Link: http://skatter.com/2011/02/how-my-smart-phone-got-me-out-of-...
Highway Patrol Officer Keith Odle testified that he estimated Abadie
had been driving her Toyota Prius at 85 miles per hour (137 km/h)
in a 65 mph (105 km/h) zone when he pulled her over.
Case dismissed. Oh and Officer you're being suspended without pay for falsifying evidence, everyone knows a Prius can't go that fast.There are few if any cars that can't reach 85 mph sold in the last decade in California.
I'm highly sceptical of Bitcoin as currency, since there are so many conflicts between the technical properties of Bitcoin and the economics of currencies, but de-centralized verification of events and dates? _That_ sounds interesting.
According to studies[0] hands-free devices aren't as safe as you'd think. I can't argue whether they are safer, but at least "safer" isn't just enough in itself to justify it.
Also, from personal experience I have to agree with the study. The fact that my one hand is either up against my ear holding a device, or if the device is lying somewhere; the former doesn't require much extra of my attention than the latter. It is the talking and thinking of different things itself that takes away my attention from the road. Not saying one can't talk and drive (it's quite easy), but since the line is already drawn, it has to be uphold.
I haven't personally tried Google Glass', but could imagine it interferes with your vision a bit. It might be necessary for this to be subject for investigation as to the legality in the future.
[0] http://unews.utah.edu/news_releases/hands-free-talking-texti...
Sounds grand if you phrase it like that.
And if driving with Glass while it's on is illegal, shouldn't those dash mounts for phones be illegal too??
No, I could be holding it to my ear despite it being
turned off, as stupid as that sounds. The point is, in
the case of the phone, the officer never has proof that
the phone was on.
It is customary to wear Glass with the screen off but not to do the equivalent with a phone. The law is not like software; the judge can consider the case and make the sensible ruling.Additional laws exist probably to increase the fine or the ease of enforcement of various distractions like using a phone.
> in the case of the phone, the officer never has proof that the phone was on.
The phone company does.It's not that simple. Which is one of the reasons it's a good thing this was dismissed.