Portland Criminal Defense Attorney BlogThis is the blog for James F. O'Rourke, Jr. and Associates. In this blog we will present information, commentary and our own opinions and philosophy regarding the areas of law in which we practice. It is the purpose of this blog to be informative, helpful and thought provoking. The dynamic interface between the individual and the government is the law. What we mean by that is that when the government sets certain goals, it creates laws to achieve those goals. Those laws touch the lives of the people under the jurisdiction (power) of the government. As criminal defense lawyers, it is our job to make sure that the people we represent receive all of their rights and protections under the law. In some cases, that involves advocating for changes in the law or reinterpretation or correct application of the existing law. As personal injury lawyers, it is our job to make sure that our clients receive all their rights under the law and to secure compensation for the people we represent for injuries and damages they suffer which are caused by the intentional, reckless or negligent acts or omissions of others. |
2009 Legislature Restricts Use of Cell Phones While Driving
On January 1, 2010, Oregon joined the growing number of states restricting the use of cell phones while driving. The 2009 legislature expanded Oregon’s cell phone driving restrictions in the wake of new data showing that distracted driving was a major problem on Oregon highways. In fact, texting while driving has been shown to be more dangerous that driving under the influence of intoxicants (DUII).
Prior to 2010, the cell phone restrictions applied only to persons under 18. The thought previously was that young drivers lacked the skill and experience to deal with the distraction of using a phone while driving. Now the thinking is that even adults are a risk when distracted by a cell phone.
Curiously, the new law appears to forbid dialing your phone, even if you have a hands free accessory. It allows one only to turn the device on or off or to activate functions, but no dialing. So, pull out your cell phone manuals and figure out how to use the voice activated dialing features of your device.
The new law forbids the use of a cell phone while operating a motor vehicle. There is an exception for a person who is using a hands free device that allows them to keep both hands on the steering wheel.
There are also exceptions for emergency personnel and for people who are using a device in the course and scope of their employment. The exception for employment related use is ambiguous. Do they mean just delivery drivers or does the exception apply to a lawyer who is talking to a client on his way to court? This will be an area for litigation in traffic court.
Also, Prosecutors may argue that in some circumstances where cell phone use results in observable bad driving, the incident should be charged as Careless Driving or the crime of Reckless Driving As a Portland Criminal Defense Lawyer, Mr. O’Rourke represents persons charged with violating ORS 811.507, Operating a Motor Vehicle While Using a Mobile Communication Device, ORS 811.140 Reckless Driving and ORS 811.135 Careless Driving.
Tags: Portland Criminal Defense Lawyer
Uncategorized | jforourke January 17, 2010
