Police to Check Cell Phone Records of Drivers in Accidents for Timing of Calls and Messages   2/27/2007 - 3,256 views, 4 Comments

Summary: Police are going to start checking the cell phone records of drivers who are involved in accidents. It's already happening in the U.K., and is being discussed in the U.S. in the context of both hearings on the proposed "Hang Up and Drive" Federal law, and by advocacy groups who advocate that cell phone records should be checked after a crash to see whether cell phone use may have contributed to the crash, just as we now check for alcohol.

Previous Article « Man Fired for Visiting Internet Sex Sites While at Work Sues, Claims Sex Addiction is Disability that Makes Him Unfireable Under ADA
Read Next Article » Man’s Laptop Confiscated by Police Because He Used Free Wifi Outside Public Library

Now here’s a sobering thought. In fact, in some ways it’s analogous to a field sobriety test. Police are going to start checking the cell phone records of drivers who are involved in accidents. And what they will find, it can be assumed, may be damning indeed.

In fact, they currently can check cell phone records if an accident leads to the death of someone, and indeed a man in England was jailed for two years after he was involved in a fatal car crash. Police discovered that minutes before the crash Michael Smith had sent a long text message to his step-daughter (yes, from behind the wheel), and that mere seconds before the crash he had received one.

According to the prosecution in that case, “Smith was using his mobile phone on his journey that morning. He sent the long text message barely two minutes before the tragic fatal crash. His stepdaughter replied to the message at the very moment the fatal collision took place.”

Said the judge to Smith, in sentencing him, “Your driving fell far below what would be expected of a careful and considerate driver.”

Now, this all happened in the U.K., and indeed the news that police may start checking cell phone records following any accident, not just a fatal one, is from the U.K. as well. But, make no mistake, there is a move afoot in the U.S. to do the same thing. So if the idea at the top of the story gave you pause to think, well, it should.

Partnership for Safe Driving, headquartered in Washington, D.C., advocates that cell phone records should be checked after a crash to see whether cell phone use may have contributed to the crash, just as we now check for alcohol, explains Partnership Director Lisa Sheikh. She adds, “We also believe this behavior should be uninsurable. If you’re involved in a crash and were talking on your cell phone, you should pay for the crash. This is not something a private company should be underwriting.”

And the matter of checking cell phone records following a crash came up in senate hearings just last week during the hearings for Senator Scott Dibble’s “hang up and drive” bill. Dibble’s bill passed the Senate committee with flying colours, and a companion bill in the House proposed by Representative Frank Hornstein is expected to receive similar support.

Get FREE email alerts of new Internet Patrol stories!
    *We never share your email address with anyone

Email Address:
Date of first visit:
How you found us:

Subscribe
to The Internet Patrol on your cell phone    Email the link for this page to a friend!

Read more:

»  T-Mobile Sues LocateCell.com for Selling Your Cell Phone Records

»  New Chicago Law Makes Illegal Holding a Cell Phone While Driving

»  For Sale Online: Your Cell Phone Records

»  The Cell Phone Stun Gun - One More Reason for the Police to Shoot You

For additional similar stories check out our archives on Cell Phones, Internet Law

 

4 Comments »

  1. When did we change over from democracy to communism? I watch a lot of news, being retired, and cringe at all the stupid new laws being considered. All of them impinge upon our freedoms. (Yes, the freedom to be stupid and not wear a seatbelt has been taken away.) More cameras–has no one read the book by George Orwell “1984″ One locality wants to pass a law forbidding eating or smoking in one’s car. Give me a break.

    Comment by Martha Kirby — 2/27/2007 @ 11:22 am

  2. Classic goverment at work - another attempt to legislate common sense -
    There is no way to accurately determine the time an accident occurred. The best we have is the time the 911 call is posted. It can sometimes take several minutes from the point the accident is witnessed to the time the call gets through. Even still, cell phone records are not that accurate. Our servers here are periodically synced to Internet-based time servers, and I can tell you that they are very often more than a minute or two off. “So what ?’ you say. Imagine this scenario. You leave the office for the day and place a call home from your cell phone as you are walking to your car, to see if you need to stop and pickup bread and milk on the way home. You finish the call before you even start your vehicle , and two minutes later you are making your way home down a busy street. Suddenly, a car pulls out in front of you and you hit them, killing the driver. This tragedy will now be compounded by the fact you will go to prison because cell phone records indicate you made a cell phone call just minutes before the crash. Or perhaps this scenario : Your kid is driving home from the gym on the interstate during rush hour. Through no fault of his own, he gets caught up in a chain reaction accident, with the car behind him pushing him into the car in front of him. (dont think this can happen ? Think again - it HAS happened to me). The next day the Police come and arrest your kid because somebody at the front of the accident died and your kid’s buddy text messaged your kid and cell phone records show the message went through 2 minutes before the accident. Do you think the Police will care that the phone was in his gym bag and still shows the message unread ?
    People will always make stupid mistakes. There will always be distractions on the road, regardless weather it is a cell phone, an I-Pod, a cool song on the radio that you want louder or a pretty girl walking on the sidewalk. You can’t make them all illegal and can’t realistically prove there was or was not a distraction.

    Comment by fed up — 2/27/2007 @ 11:56 am

  3. It’s about time! 3 years ago my 14 year old son was killed by a driver who was on his cell phone and speeding. He got two speeding tickets and a negligent driving ticket. ALL payable fines. SICKENING!
    We humans do NOT have common sense. Talking, texting on cell phones while driving COME ON! It’s not only the phones putting on makeup reading news papers the list is endless. You know what… The U.S needs to WAKE up and realize and takes action because over 44 thousand people a year die in crashes and millions injured and billions of dollars paid for crashes, THAT’S why these laws have to be put into effect.!
    Wake up the only reason you have your knickers in a uproar is because your probably the ones yapping on your little phone while driving.. AND GOD FOR BID happened to you!
    I never understood why in the world people needed to be on cell phones as they were driving I hope they get the book thrown at them!

    Comment by A grieving mother — 3/4/2007 @ 8:35 pm

  4. Talking on a hands free or a passenger whats the difference? insurance companies are lobbying for another way to get out of paying. They can be more likely to prove a phone call than a convesation with a passenger and both happen everyday. What’s next? statistics states you talk to passengers 90% of the time so your going to jail. Granted phones can be distracting but so can a backseat full of kids but thats impossible to prove. We are being policed to death. When does it stop?

    Comment by Sonny — 3/12/2007 @ 10:28 am

RSS feed for comments on this post.

Leave a comment

Warning! All comments which contain URLs and are clearly just spam to generate a link back to the URL will be deleted on sight. Don't bother wasting your time!

If you are going to include a URL in your comment,
please keep it under 25 characters in length,
or use TinyURL to shorten it before including it in your comment.

Line and paragraph breaks are automatic, your email address is never displayed.
HTML allowed: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>

(required)

(required)


We apologize for having to ask you to enter the letters and numbers you see in the image above to validate your comment, but we are being attacked by thousands of comment form spams every day!

 
The Internet Patrol
Patrolling the Internet for You!