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traffic laws

Might it be time to abolish the National Transportation Safety Board? It’s supposed to serve as an authoritative source on the causes of accidents, but last week its chief, calling for a nationwide ban on cellphone use by drivers, was not just non-authoritative but actively misleading. I explain in a new post at Cato at Liberty (& Instapundit, Balko, Stoll, Adler).

More on misleading government public health advisories here.

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As Washington launches a new crusade against “cognitive distraction” behind the wheel, it no longer seems to matter whether your eyes and hands are in correct driving position. I explain in a new Cato post.

More: Glenn Reynolds (NTSB “distracted” by its own pre-existing agenda and oversimplifying causes of Missouri accident) and more, Chapman, Marc Scribner/CEI (even bans on texting don’t seem to have worked as intended), Amy Alkon, (two years back) Radley Balko, and Ira Stoll (per IIHS, quoted on NPR, “states with cellphone bans have seen no real decrease in accident rates”). And: drivers’ use of portable GPS and MP3 devices to be included in contemplated ban? [NMA]

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Prosecution roundup

by Walter Olson on November 25, 2011

  • Six-year-old charged with sexual assault [Channel3000.com, Wisconsin; Radley Balko]
  • “Beware: Cities Hunting You Down For Reagan-Era Parking Tickets” [David Kiley, AOL]
  • Waco, Texas: “McLennan DA fights DNA testing because exonerations override juries” [Grits for Breakfast] Robert Mosteller, “Failures of the Prosecutor’s Duty to ‘Do Justice’ in Extraordinary and Ordinary Miscarriages of Justice” [Legal Ethics Forum]
  • Controlled substances: “Could a US lawyer lawfully counsel clients about this proposed new law?” [John Steele, LEF]
  • Mens rea erosion a “deeply troublesome trend” [Kevin LaCroix on WSJ] “Trial penalty,” long sentence minimums give prosecutors muscle to extract plea deals [NYT, Sullum] “Settlements feed U.S. prosecutor overreach” [Reynolds Holding, Reuters BreakingViews] “Responsible corporate officer doctrine” worries pharma defense lawyers [WSJ Law Blog] “The continuing quest to criminalize business judgment” [Kirkendall]
  • “More than three-quarters of turn-of-the-century Chicago homicides led to no criminal punishment — not because the perpetrator could not be identified, but because no jury would convict.” [William Stuntz's posthumous book via Cowen]
  • “Scalia criticizes narcotics laws” [for over-federalization] [WSJ]

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November 21 roundup

by Walter Olson on November 21, 2011

  • Spanish government fines filmmaker for movie poster showing “reckless driving” [Lowering the Bar] Siri, distracted driving, and police discretion [Balko]
  • Parents taking care of their kids under Michigan program must pay $30/mo. to SEIU for representation [Joel Gehrke, Examiner]
  • Stretching the Fifth: Joe Francis bad deposition behavior [Legal Ethics Forum]
  • WaPo covers deep split on Consumer Product Safety Commission, left wants fifth seat filled ASAP;
  • “Threat to Student Due Process Rights Dropped from Draft of Violence Against Women Act” [FIRE, background; Cathy Young/Reason]
  • After $300K donation from Philadelphia trial lawyers, you may call him “Judge Wecht” [AP/WPVI]
  • Court reverses $43M Madison County verdict against Ford [AP/Alton Telegraph, some background]

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The Texas capital considers letting residents issue parking tickets to other drivers by way of an iPhone app [The Newspaper]

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“Jeffrey McCave was sentenced in a county court to thirty days in jail, two years of probation and a $1000 fine for listening to music in an undriven car parked on his father’s driveway while drunk. The Nebraska Supreme Court on Friday used the case to clarify that the charge of driving under the influence of alcohol (DUI) does not apply in a personal driveway.” [The Newspaper]

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Limits on teen drivers

by Walter Olson on October 1, 2011

The laws may have displaced, more than actually reduced, road fatalities, according to a new analysis: “While the number of fatal crashes among 16- and 17-year-old drivers has fallen, deadly accidents among 18-to-19-year-olds have risen by an almost equal amount. In effect, experts say, the programs that dole out driving privileges in stages, however well-intentioned, have merely shifted the ranks of inexperienced drivers from younger to older teens.” [LA Times]

At least until the issue is resolved by the courts, the Florida Highway Patrol says it won’t ticket drivers for warning oncoming traffic about speed traps (Palm Beach Post, h/t reader Gitarcarver; earlier).

Florida cops ticket drivers a lot for doing that, reports Radley Balko, the problem being that flashing-to-warn doesn’t seem to be against the state’s law.

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Ditch the bike helmet

by Walter Olson on September 5, 2011

A TED talk idea from Mikael Colville-Andersen [TBD].

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July 18 roundup

by Walter Olson on July 18, 2011

  • Per New Jersey court, overly sedentary home office job can result in valid worker’s comp claim [Courier-Post, NJLRA]
  • Trial bar’s AAJ denies it played “direct” role in backing “Hot Coffee” [WaPo, some background]
  • “Cop repeatedly harasses waitresses, never disciplined. Feds defend their civil rights by . . . suing the restaurant.” [Palm Beach Post via Radley Balko]
  • On “unauthorized practice of law” as protective moat around profession’s interests, Britain does things differently [Gillian Hadfield via Andrew Sullivan; related, Larry Ribstein] Forthcoming book by Robert Crandall et al urges lawyer deregulation [Brookings]
  • “The Treaty Clause Doesn’t Give Congress Unlimited Power” [Ilya Shapiro, Cato on Golan v. Holder case headed to Supreme Court]
  • The small bank regulatory shakedown blues [Kevin Funnell] Why is the Department of Justice including gag orders as part of its enforcement decrees against banks on race and lending? [Investors Business Daily via PoL] “Emigrant fights back against mortgage-discrimination suits” [Fisher, Forbes] Dodd-Frank squeezing out community banks [Funnell]
  • “North Carolina to Seize Speeding Cars That Fail to Pull Over” [The Newspaper] “With what, a tractor beam?” [James Taranto]

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Per Henry Blodget, New York City freebooters are authorized to tow your other family car to enforce unpaid camera tickets. [Business Insider]

A near encounter with forfeiture madness in the Pelican State [The Newspaper]:

Under the legislation, impounded vehicles [of third-conviction litterers] would be sold at auction with the revenue split 10 percent to the towing company, 30 percent to the local police or investigative agency, 10 percent to the indigent defender board, 20 percent to the prosecutor and 30 percent to the state. The vehicle would be seized regardless of whether the offender was also the owner of the car. A bank or other lien holder on a leased car would have to pay “all towing and storage fees” before recovering their property.

According to The Newspaper, the bill passed the Louisiana state senate by a vote of 34 to 1 before its defeat 49-46 in the state House.

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“Kyleigh’s Law,” which imposed an 11 p.m. curfew on younger drivers and required them to affix red reflective decals on their vehicles, was really not a very good idea, but New Jersey lawmakers figured that not voting for it might seem to insult Kyleigh’s memory. Much could be said as well against Megan’s Law, Hannah’s Law, Jessica’s Law, Chelsea’s Law … might one discern a pattern here? [Michael Tracey, Reason]

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Local governments are often open to “amending” speeding tickets, but in a manner that reflects their financial self-interest — and also pays dividends for the prosperity of the local bar. [Mike Sykuta, TotM]

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Authorities in Essex say they will check ashtrays and impose fines over smoking in company cars and commercial vehicles, which has been banned in England since 2007. [Telegraph via Stuttaford, NRO] We may need to develop a new terminology here: was Nanny herself ever so bossy and intrusive?

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[cross-posted from Cato at Liberty]

New York state senator Carl Kruger (D-Brooklyn) is crusading to ban pedestrians’ use of cellphones and other mobile devices while crossing the street. It’s for your own good, you must understand:

“When people are doing things that are detrimental to their own well being, then government should step in.”

The Daily Caller asked me to write an opinion piece about this proposal so I just did. Excerpt:

Phone use on the street has become near-ubiquitous in recent years, yet over nearly all that time — nationally as in Gotham — pedestrian death rates were falling steadily, just as highway fatalities fell steadily over the years in which “distracted driving” became a big concern.

In the first half of 2010, the national statistics showed a tiny upward blip (0.4 percent), occasioned by a relative handful of fatalities in a few states. Even a spokesman for the Governor’s Highway Safety Association, Jonathan Adkins, seems to agree it’s premature to jump to conclusions: “You don’t want to overreact to six months of data,” he told columnist Steve Chapman.

Like others who seek quasi-parental control over adults, Sen. Kruger tends to infantilize his charges. He told the Times: “We’re taught from knee-high to look in both directions, wait, listen and then cross. You can perform none of those functions if you are engaged in some kind of wired activity.”

This drew proper scorn from columnist Chapman: “Actually, you can perform all those functions and dance an Irish jig, even with text messages or rock music bombarding you.” That some ear bud devotees don’t take due caution is no reason to pretend they can’t.

C.S. Lewis, Lily Tomlin and Transportation Secretary Ray LaHood all get walk-on parts as well.

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January 28 roundup

by Walter Olson on January 28, 2011

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