AlanF
Boa, I agree with you and Jahna that in principle the best way to handle this issue, and other driving issues, would be to better enforce existing laws against stupid behavior. The problem is between principle and practice. Let me give you an example.
I see this kind of thing constantly. I have yet to see a cop do anything about it. They're far more likely to give you a ticket for passing on the right, or for speeding up to pass, than to ticket the culprits who create dangerous situations in the first place.
Given all this, how would you propose to educate the police and most drivers better? How would you deal with a court situation where, if the drivers I described above were ticketed for being distracted, and their defense to the judge was, "But your honor! I wasn't doing anything dangerous! I was driving well under the speed limit!" Remember that most judges are extremely conservative and equate slow driving with safe driving.
I concur police are far more likely to lay a charge on something that is easily defendable in court and 'Drive Without Due Care and Attention' is not so easily defined or defended. At the same time, I suppose the charge could be laid and as evidence, either an admission by the driver or the officer's observation would be used.
On the other hand, there are many many specific laws on the books that are difficult or frustrating to enforce and a cell-phone law may sound like the answer but would be a pain in the ass to deal with since a glance by a cop driving past someone could be anything held up to the ear. Or, the phone could conveniently dissappear long before an officer got turned around and went through all the effort to stop the alleged violator.
The only real use for such a law would be when erratic driving is noticed by an officer AND he is able to without reasonable doubt PROVE a cell phone was at the ear of the driver at the time. If he can do this much, he could also lay the other, already existing charge. To me, a cell phone ban would mostly be an ad campaign that would educate more people to the dangers of their use while driving which in turn may prevent some accidents, not necessarily a bad thing on the surface, but then ALL use is forbidden and there are times as discussed at length where I think it is an acceptable risk.
boa....who thinks slow drivers should be banned.....especially those who try to enforce the law (not their GD job!) by driving exactly the speed limit in the LEFT lane! Even the police say - DON'T DO THIS!