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Siri, texting, and traffic violations?

armandxp

armandxp

macrumors 6502a
Original poster
Jun 29, 2010
671
681
Orlando, FL
Driving home today, I received an important text that I needed to reply to. I used the Siri eye's free function on my car to respond. This is probably the second time, I've used that function. I then thought, if a police officer pulls me over and looks at my messages, it would show that I was texting while driving, even though I physically wasn't using the phone. Is this the same as being distracted from watching the road, even though your not taking your eyes off the road? Could there be a symbol imposed on the text message, showing your not typing and driving?

Could this be a new way to get a ticket, or do you think you could explain your way out of this one. Will it eventually cause lawsuits with Apple or the car manufacturer, for having this option available to use, even though it could cause you to incur a fine by using it? Crazy thoughts, but I'd love to hear other's perspective on this.

My hour drive home from work every day leaves me to think about these things... :)
 
Don't think a police officer can look through your phone without your permission, and you have it locked with a passcode/password you don't have to provide it to unlock the phone. So I don't think it's likely that would happen--Police would generally get you for texting/talking on the phone if/when they actually see you using it, in which case it doesn't really matter much what you were doing on it as at that point they already pulled you over deciding that whatever it was you were doing was a distraction from driving in their mind (even if you weren't actually texting or talking specifically).
 
C DM said:
Don't think a police officer can look through your phone without your permission, and you have it locked with a passcode/password you don't have to provide it to unlock the phone. So I don't think it's likely that would happen--Police would generally get you for texting/talking on the phone if/when they actually see you using it, in which case it doesn't really matter much what you were doing on it as at that point they already pulled you over deciding that whatever it was you were doing was a distraction from driving in their mind (even if you weren't actually texting or talking specifically).
Click to expand...

I'm not really sure what the law is here. I never text and drive so I don't really worry about it. I've just read horror story's from other's on getting their phone taken by the officer and used as evidence.....Again, was just curious what other's thought.

----------
batting1000 said:
iPhone
Click to expand...

I've done Siri Eye's free with my iPad mini, also.....So, post in two forums the same question?
 
in NJ, the statute is....

Title 39:4-97.3 Operating Motor Vehicle While Using Cellphone

1. a. The use of a wireless telephone by an operator of a moving motor vehicle on a public road or highway shall be unlawful except when the telephone is a hands-free wireless telephone, provided that its placement does not interfere with the operation of federally required safety equipment and the operator exercises a high degree of caution in the operation of the motor vehicle.

it then goes on to state......

As used in this act, "hands-free wireless telephone" means a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a conversation without the use of either hand; provided, however, this definition shall not preclude the use of either hand to activate, deactivate, or initiate a function of the telephone.

according to this, using your hand to activate Siri to have a message dictated, then tap to send, sure sounds perfectly legal.
 
dictoresno said:
in NJ, the statute is....

Title 39:4-97.3 Operating Motor Vehicle While Using Cellphone

1. a. The use of a wireless telephone by an operator of a moving motor vehicle on a public road or highway shall be unlawful except when the telephone is a hands-free wireless telephone, provided that its placement does not interfere with the operation of federally required safety equipment and the operator exercises a high degree of caution in the operation of the motor vehicle.

it then goes on to state......

As used in this act, "hands-free wireless telephone" means a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a conversation without the use of either hand; provided, however, this definition shall not preclude the use of either hand to activate, deactivate, or initiate a function of the telephone.

according to this, using your hand to activate Siri to have a message dictated, then tap to send, sure sounds perfectly legal.
Click to expand...

Well that sounds reassuring.....Good to know!!! Thanks!
 
1: I don't know what jurisdiction a police officer has to take your phone and look through it. Sounds like unlawful search and seizure unless you give consent.

2: Cell phone laws are usually written to be very spirit of the law rather than letter of the law. If using your phone hands free leads to you being distracted while driving, you'll still get a ticket. (Once I was driving with my phone connected to bluetooth, and I got a cell phone ticket I couldn't fight because the cop thought I looked distracted. At the end of the day, it's your word versus a cop's in court, and there's little you can do to sway anyone to believe you).

Just be safe while you drive and you'll generally be totally fine. Most likely if a cop pulls you over, you can use the Siri's eyes free function in front of them to show them how you weren't breaking the law. It'll all come down to their mood...
 
Gjwilly said:
I totally agree but recent courts have said otherwise.
US courts anyway.
Be aware.
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i have been on many traffic stops, alot for cell phone violations. we dont need to look through your phone to see what you were doing. if you were stopped for a cell phone violation, we stopped you because it was blatantly obvious and you did it in our view. if we are iffy whether your hand was on your ear and not your phone, we usually wont bother.

and going through your cellphone usually requires a subpoena, unless under certain circumstances. no ones gonna go through it over a cell phone ticket though. you are either gonna be written for it or not based on the officers observations and his discretion. court is where you can submit your phone records for review to try to fight it.
 
Gjwilly said:
No, California is the opposite.
According to the link I found they tried to pass the law but it got vetoed.
Click to expand...
If it's locked with a passcode/password they can't really compel you to provide it, so effectively they can't really look through it.
 
C DM said:
If it's locked with a passcode/password they can't really compel you to provide it, so effectively they can't really look through it.
Click to expand...

Well I think we're definitely into search warrant territory now but as long as they have one, Apple can and will bypass your password to aid law enforcement.
http://news.cnet.com/8301-13578_3-57583843-38/apple-deluged-by-police-demands-to-decrypt-iphones/
There's even third-party forensic software especially for bypassing security on cell phones.
BTW, do you like my new tinfoil hat?
;)
 
Here's what I'm thinking. What if you were sending a message through Siri when you got in a car accident or someone jumped in front of you. If this was the case they would look at your text message record and find texts being sent at the time of the accident. This could be serious.
 
C DM said:
If it's locked with a passcode/password they can't really compel you to provide it, so effectively they can't really look through it.
Click to expand...

I'd rather smash my phone on the ground than let some JBT paw through my personal information.

If you don't have a warrant, first there is my passcode, and second is my willingness to destroy my own property to protect my civil liberties.
 
Doublea6 said:
Here's what I'm thinking. What if you were sending a message through Siri when you got in a car accident or someone jumped in front of you. If this was the case they would look at your text message record and find texts being sent at the time of the accident. This could be serious.
Click to expand...

depending on how serious the accident was (life and limb) they can and will pull all your information relating to cell phone use for the accident reconstruction if they believe it was a large factor of the accident. and chances are, they dont need the phone itself. they can gather info straight from the network provider with proper subpoena.
 
Yeah they could just look at the phones records. Would you be able to plead that you were using hands free technology? Cause as they see it, it looks like you were distracted.
 
It would be the same as using your cars built in system to "Voice Dial" a contact from it's phone book to make a call. Therefore you'll be fine.

However, if you lose control of your vehicle due to giving too much of your attention to siri and this causes you to be driving in a unsafe manner causing a danger to yourself or others then i would think they'd pull you up on another violation such as Dangerous driving!
 
Murrah but if the police are looking at the phone records they won't be able to tell if you were using hands free or not.
 
Doublea6 said:
Murrah but if the police are looking at the phone records they won't be able to tell if you were using hands free or not.
Click to expand...

I think the OP is getting at:

If a Police Office believes you were on the phone when actually you were using Siri Voice, how do you prove your innocence when the call/sms log shows the phone was actually being used!
 
HarryAinslie said:
I think the OP is getting at:

If a Police Office believes you were on the phone when actually you were using Siri Voice, how do you prove your innocence when the call/sms log shows the phone was actually being used!
Click to expand...

being on the phone (holding it) and having it docked and using it handsfree look totally different and are distinguishable from one another. its up to the police officer to use their discretion during on scene investigation and observation to figure out how you were using the device.

how do you prove your innocence you ask? thats what the court/judge is for. if the officer says "no the driver was physically holding the phone" then youre kinda screwed. if you were truly using it handsfree, you wont even be in this predicament and the whole question is moot.
 
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