As it stands right now in Massachusetts, you cannot text while driving. That was made illegal in 2010. The law specifically said drivers over 18 years old could still make and take calls on their phones, as long as "1 hand remains on the steering wheel at all times.”

That could all change Thursday. The Massachusetts Senate is set to debate a bill that would ban any use of your cell phone while driving without a hands-free device.

Why are they proposing this, you may ask? The answer they'll give you is that they want to see the number of accidents involving phone use cut down. The real answer? They haven't been able to enforce the 2010 law.

Think about it. If a state trooper  sees you in your vehicle repeatedly looking at the road and then at your lap, they can pretty much assume that you're texting, or at least on your phone. So they pull you over. But they have no evidence to show that you were really texting while driving. You're not obligated to show them your phone unless they have a warrant for it. So the officer sends you on your way. No fine. No warning.

So what's the solution to this problem? Our lawmakers think it's quite obvious. They're moving to ban all cell phone use while driving. No phone calls. No rerouting your GPS. No fiddling with the music on your phone. Nothing.

And if the law passes and you get caught, it's $100 for your first offense, $250 for your second, and $500 for your third. And the third offense and any others beyond that comes with a nice surcharge on your auto insurance.

I have several questions and concerns about this proposed law.

  1. One of the only times in the day when I'm truly free to talk is during my commute. If I'm at work, I can't make personal calls. If I'm at home, I'm usually occupied with family matters or other activities. What business is it of the government's to decide when and where I can make phone calls?
  2. I don't want to have to purchase a device to come into compliance with a law. Any good piece of hands-free technology will run you anywhere from $30-$100. If you have to purchase a product in order to be right with the law, that's not freedom.
  3. Even if I did purchase a headset, and I'm still able to talk, will that really make me any better or worse of a driver? I'm still having the same conversation. What difference does it make if I have a headset in my ear or I'm physically holding the phone? Like many others, I'm conditioned to driving with one hand on the wheel, anyway.
  4. Why can't legislators find a better way of cutting through the red tape and actually punishing the texters? They're the ones that don't have their eyes on the road at all times. Why do I have to suffer for their mistakes?

My biggest problem is that our elected officials are trying to legislate common sense. If you know you're easily distracted, don't talk on the phone while driving. It's that simple. Maybe it's time to incorporate a talking-while-driving test when you go for your license.

All I know is I've been driving for 10 years, often talking on the phone while doing so. Why should I be penalized for someone else's mistakes?

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