thank you

No it is electric – therefore jail immediately without any chance for parole

Now ICBC can just magically say that you were distracted without having to actually prove it in your case. That makes their job so much easier that it’s not funny. As a bonus ICBC won’t have to pay for your claim since you’re guilty of a crime by default if you were using a device in your car.

One reason that this law is unconstitutional is that in Canada we have the right to be presumed innocent until we are proven guilty (“11(d) to be presumed innocent until proven guilty …”). This cell phone ban attempts to by pass this important constitutional protection and place the burden upon us saying that we are guilty of diminished capacity just because we were using a cell phone in our hands rather than in a speaker mode. In effect we’ll have to prove that were are not guilty of the assumed crime of diminished capacity or loss of focus or however they magically word it in sly tongued legalese.

My comment continues here: The BC Cell Phone Ban is an Unconstutional Power Grab by ICBC to Avoid Paying Out Claims. http://pathstoknowledge.net/2010/01/05/the-bc-cell-phone-ban-is-an-unconstutional-power-grab-by-icbc-to-avoid-paying-out-claims.

Except for a couple of statements:

“I think we’ll see that there are many defenses against this insane law and it’s very possible that it will be struck down as unconstitutional in a free country that values it’s freedom.”

Which country you are talking about? Canada? This country became corrupted police state long time ago, thanks to speechless citizens (with rare exceptions like you) who open there mouths just to repeat what they heard on TV. I think you are way overoptimistic with your statement.

“Failing an actual problem, such as an accident, it well neigh impossible for them to prove that a driver has “diminished capacity” just because they were using a cell phone”

For long time already nobody having authority (even a bit of it) needs to prove anything. You can be stopped and fined for nothing. In Ontario, for example, you can be even thrown out of your car and you vehicle be towed away just because a cop decided that you were driving over 50 in posted zone. Oh yes, you can go to court later (“where it will be your word against the cop” – ha, ha, ha), you are even encouraged to hire a lawyer, and you can even win the case later, with a little drawback though – you immediately loose a few thousand dollars (towing, fee for vehicle storage, lawyer etc.) which go directly into system in order to feed those hungry mouths. Anyone wants to discuss real taxation level in Canada?

“Fight these charges in court. File counter charges against officers, prosecutors, court staff, government members and staff, and judges who implement this draconian police state tactic of control over you”.
Did you try? If yes, share your experience. I tried.

I see where you’re coming from and I agree that they should be going after the actual problem, not just blanketing everyone with this law. However, the resources don’t exists for this to happen and probably never will. I figure that my right to use a cell phone while I drive is not worth someone’s life. I use a Bluetooth headset and I don’t text while I drive, but I don’t want the person next to me texting while they drive at 100km/h+ on a highway. Unfortunately this does happen and it will cause accidents. The law was created because there are idiots who text and do various other things that they shouldn’t be doing while driving. Yes it affects the rest of us, but if it saves a life, it is worth it.