Cellphone confiscation

[AndyD]

There have been lots of noises about introducing cellphone confiscation on the spot by Police officers for drivers caught speaking of texting on their phone whilst driving. The motivation is to deter the use of phones by drivers on the move but it strikes me this could have serious consequences for some people and whilst I agree with where it's coming from I think it might be an ill considered knee-jerk reaction rather than a sensible deterrent.

[AmithS]

sounds like alot of cellphoneruption to me

[Perform Computers]

I'm lost without my cell phone. I even hold it while driving. I heard they can even stop you for this. My girlfriend uses a bluetooth headset. I for one can't stand these things. Call me old fashioned, but I like holding the phone to my ear when speaking.

& if it does interfere with my driving, I tell the person to hold on while turning or parking. But yes, there are idiots, sorry, IQ handicapped people out there that cannot talk & drive at the same time.

[sterne.law@gmail.com]

Well we may as well confiscate all the police officers and metro cell phones now! They are always on the phone while driving.
I doubt they will get that sort of "law" through. That would mean a change from innocent until proven guilty to a guilty till proven innocent mindset. That being said with the amount of judicial interference by the government, I do not think that legal principles and constitutionla principles are high on the list of understanding and care.
The above not withstanding, driving while on a cellphone is extremely dangerous, and we have a duty of care to ourselves and others.
Some like blue tooth, some car hands free etc, ect - others adopt the OPRAH way and leave it in the boot.
I was also quite bad, especially smsing, but the consequences are severe, talking on the phone may cost someone, an adult, a child etc their life. I would think most people are aghast at "Jub jub" actions, but the results could be the same.

[Perform Computers]

Time for me to get a hands free kit then.

[Sparks]

My GPS is capable of being a hands-free kit through bluetooth connection. When purchasing one, that is something no-one considers. As for the hullabaloo about the law, even if it is instated, how often will it really be applied? It is too much effort to get out of the patrol car & write the ticket.

[AndyD]

Another problem I see is that nowadays a cellphone is very rarely just a cellphone. Would there not be other possible legal issues if the phone is an iphone for example and it contains banking details of your own company as well as your customers? A doctor of lawyer may have notes and information about a patient or client. There are many examples of secondary legal issues that could arise with phone confiscation but the 'Lead SA' campaigners still seem to be pushing it for legislation which I found to be surprisingly short sighted.

[Neville Bailey]

I always use a hands-free kit when I'm driving.

At once stage I used to text while driving, until I got a scare when I just about veered off the road after a split-second of not concentrating!

Now I use an app on my phone that reads out aloud all incoming emails and text messages, with the option to reply with an automated message to the effect that I am driving and will respond later.

[tec0]

Firstly my Nokia has a damn good hands free headset and I see no reason why people must talk and drive using the actual phone. That said, I can see how this can become a form of abuse because basically the police is steeling your mobile unlawfully. Nobody has the right to relieve you from your legally owned property “for any reason”. They can fine you and or lock you up as it is a traffic violation.

Other then that I see no reason why the police must have the right to take anything from you because they already have the ability to arrest you and hold you for trial. Secondly we have all seen on the Media that some officers act less then lawfully, if anything I would take power away from the police “like the right to pull drivers over in the middle of the night on a dark empty road” for no reason.

[murdock]

i spend a lot of time on my phone and as another person metioned in this thread i was capable of multi tasking...talking...smsing you name it...but it got to a stage where i was battling to work and hold the phone so i invested in blue tooth ear piece so while at work i didnt drop the phone off the ladder etc...then the clip broke so i left it in my bottom draw until a week ago...

i left the office and was heading out to site...and of course the phone rang...i lent over to pick it up to answer the phone...but i bumped it off the centre consol and it fell onto the passanger side...so no problem leaned over to pick it up ...when i got it and looked up man i nearly cr*pped myself...i am not gona go into detail on a public forum...but make no mistake i have repaired the ear piece and use it all the time.

[Dave A]

If "confiscate" was changed to "impound", I'd say the idea has merit. Confiscating is a bit too close to legalised theft IMO.

[Fanie]

You can only be fined for talking on a phone, if they confiscate the phone then it is theft !

You can also only be arrested if they have a warrant for your arrest ! If any police officer says he is going to arrest you without real reason like drunk driving or something else that is a threat to other's lives he must have a warrant to do so.

Some okes got pulled over allegedly driving too fast, and they were threatened to be arrested. No can do, they can fine them but for an arrest they have to have a warrant !

http://www.trafficfinestoolkit.co.za/special.php

[sterne.law@gmail.com]

You can only be fined for talking on a phone, if they confiscate the phone then it is theft !

You can also only be arrested if they have a warrant for your arrest ! If any police officer says he is going to arrest you without real reason like drunk driving or something else that is a threat to other's lives he must have a warrant to do so.

Some okes got pulled over allegedly driving too fast, and they were threatened to be arrested. No can do, they can fine them but for an arrest they have to have a warrant !

http://www.trafficfinestoolkit.co.za/special.php

A warrant is NOT always required for arrest. The statutes lay down when an arrest can be affected, most significantly there must be a crime occurring, occurred or enough evidence to suggest will occur and no time for a warrant. A good exmple is if a person is seen in possesion of potential house breaking utensils they may be stopped etc, ect.

HOWEVER in terms of arrest and more importantly imprisonment(leaving bail applications aside), arrest is an infringment of a fundamental human right, freedom. It is a last resort. Arrest is not a punishment but a method to procure attendance at court. The police will need to show good cause for not releasing you and relying on one of the other methods to procure attendance.

[Fanie]

Hi Anthony,

Agreed. Many officials unfortunately try to intimidate the public with threats of arrest and jail in an attempt to get something for releasing the victims. It is fairly common practice here.