10-30-2008, 12:38 AM
ZTWsquared,Oct 29 2008, 05:47 AM Wrote:I hear ya ... but unlike alcohol or drugs there's no real way after the fact, of proving beyond a shadow of a doubt that someone involved in a collission was using a cell-phone - unfortunately eye-witness accounts are really unreliable.
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Not quite true, at least for the cell phones, it's always possible to subpeona the usage records of the alleged offender.
If the records show the phone was in use at the time of the collision and that it can be proven that the phone was in fact in the car at the time of the collision and that the alleged offender was the only person in the car? That's as close to a slam dunk in law that you'd ever get.
Of course the above scenario is the "perfect storm" nothing says that it would play out that way making things that much murkier.
NefCanuck