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To: ExGeeEye
This is universally true, and could be evidence if there are outgoing text messages logged. However, would it not be possible for an LEO to make the claim that while the driver may not have sent a text message, but the phone still distracted the driver because the driver was checking the phone to see if there were any text messages (even though no evidence of this exists)??? Then you have a he said - she said type of situation with the driver saying no, that's not what happened, and the LEO saying, yes that happened. Perhaps this scenereo is somewhat "farfetched", but it's possible.

FYI - I experienced an accident in 1997 where I was driving along Highway 101 in CA during a heavy rainstorm. A large rock rolled down the hill directly in my path and I wasn't able to avoid colliding with it. The damage to my vehicle was extensive (took out the transmission and steering). A CA Highway Patrolman drove by within minutes of the accident. I explained what happened. He wrote up an accident report and submitted it to DMV. They took a point from my license, apparently claiming that I was "distracted" and didn't see the rock - I have no idea what the "LEO" wrote in that report, but I wasn't distracted. As there was no impact upon my license or insurance, I didn't contest this. But, I think you get my point.

57 posted on 10/06/2010 8:23:28 PM PDT by SoldierDad (Proud Papa of two new Army Brats! Congrats to my Soldier son and his wife.)
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To: SoldierDad

Good Lord.


61 posted on 10/06/2010 8:27:25 PM PDT by mylife (The Roar Of The Masses Could Be Farts)
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To: SoldierDad

It’s standard procedure to write a ticket to drivers that hit deer and other large wildlife. I would imagine the rock is viewed the same way. If you hit a deer, it’s your fault no matter what and you get a ticket. Technically according to the law, that is. But many cops just ignore it.


66 posted on 10/06/2010 8:31:15 PM PDT by mamelukesabre (Si Vis Pacem Para Bellum (If you want peace prepare for war))
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To: SoldierDad

Oh, I forgot to add...

there’s a dollar amount of vehicle damage that determines the ticket. I forget the amount. But it’s something like a thousand dollars or more of damage to your car and you are supposed to automatically get a ticket for hitting the deer.


69 posted on 10/06/2010 8:33:19 PM PDT by mamelukesabre (Si Vis Pacem Para Bellum (If you want peace prepare for war))
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