Man Uses Cell Phone As Pacifier

Manhattan man loses driving while talking case. In a bizarre case (even for Manhattan), Paul Foltz appeared before the courts to argue that he wasnt actually talking on his cell phonein fact, the cell phone didnt even have a battery in it. Say what? Yep. Mr. Foltz claims he left the battery out intentionally. Foltz said he was so used to being on a cell phone that he was using the battery-less cell phone as a pacifier. The officer who pulled Foltz over said he saw Foltz holding the cell phone up to his ear and his mouth moving as if he were talking. This was enough to give Foltz a ticket, even though Foltz showed him the cell phone had no battery.

"If someone has a cell phone to their ear and appears to be talking, the presumption is they're actually using a cell phone and it's up to that person to rebut that assumption and as we see there should be no other reason for someone to have a cell phone to their ear unless their actually talking," says Riley County's Captain Tim Hegarty.

The Hands-free law went into effect in July 2010 in Manhattan. Does your city or state have a hands-free law? To date only 6 states have laws prohibiting use of a cell phone while driving unless you use a hands-free device. According to the National Safety Council, 1.6 million accidents a year are caused by cell phone use while driving. Distracted driving can be caused by many things, but cell phone use is a big one. The fact that Mr. Foltz was not actually talking on his cell phone to anyone doesnt mean he was paying attention to driving. That seems pretty distracted to me. Of course they dont actually take your license to drive away from you for being crazy, right? Maybe they should. Paul Foltz should be lucky that they didnt fine him for taking up the court's valuable time for such nonsense. If Foltz had been in an accident for talking on his battery-less cell phone, it wouldnt have mattered much if he had been actually talking or not.

What do you think? Arent the courts overburdened enough without some joker fighting to use his cell phone as a pacifier?

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About the Author:
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Article Originally Published On: http://www.articlesnatch.com

Tags: cell phone , distracted driving , hands-free laws

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