PAX Centurion - Fall 2017

www.bppa.org PAX CENTURION • Fall 2017 • Page 45 Legal Thoughts: Peter D. Pasciucco, Esq. Anderson, Goldman, Tobin & Pasciucco, L.L.P., Counsel to Members of the Boston Police Patrolmen’s Association All eyes on the road W hen it comes to cell phone use while driving, I am guilty as charged. Whether it’s checking my email as I cross the Neponset Bridge en route to the office, browsing my twitter feed as I crawl through the O’Neill tunnel during rush hour or sending a text as I make my way down Melnea Cass toward BPD Headquarters, I can’t seem to kick the habit. Although I blame some of it on the ever-worsening traffic around the City, that is not an excuse. The real reason I continue to break the law is because there’s a good chance that I won’t get caught. And, even if I do, I’d probably just appeal the ticket. Plus, everyone else does it. Distracted driving is not a new issue by any stretch of the imagination. It has been going on for longer thanAntifa protesters have been wearing Birkenstocks. Some states, like neighboring Connecticut, ban cell phone use all together while just about all others have regulations restricting it. In Massachusetts, for example, the law prohibits drivers from using any mobile telephone or handheld device to browse the internet or write, send, or read an electronic message, even if the vehicle is stopped in traffic. And, as I am sure you have seen, billboards and television commercials condemning the act are very common. However, despite efforts to crack down, the number of motor vehicle crashes and fatalities linked to distracted driving rises considerably every year. In 2015, 3,477 people were killed and nearly 400,000 injured in crashes involving operators distracted by cell phones, a 9 percent increase as compared to 2014. I handle a fair amount of OUI cases in my criminal defense practice and unless the client decides to take the case to trial, a typical first offense OUI disposition includes a one year Continuance Without a Finding (CWOF), approximately $2,000 in fees/fines, completion of a sixteen week alcohol class, a license suspension and a hefty insurance surcharge. Clients routinely tell me that the public and personal humiliation which accompanies an OUI will deter them from ever doing it again. I believe that. The stigma associated with an OUI is real. Many great people have lost careers and soiled reputations over them. But isn’t texting while driving, which carries a $100 civil fine, just as perilous and arguably just as reckless? I think so. Research has shown that when you are behind the wheel and want to fire off a text, the average time it takes to grab your phone, enter your password, pull up the text screen, type out an actual text and hit send can be upwards of twenty seconds. Although your head is bobbing up and down trying to maintain a view of the roadway, your eyes can be completely off the road for more than five seconds. If you are checking Facebook or Instagram, double that. It is scary. I understand that the Boston Police are not known for traffic enforcement per se so this article may be a tad misplaced. And apart from new prospective customers for my firm, I am not necessarily advocating that texting or using the internet while driving should be a criminal offense. For one, it is very difficult to prove. Unlike breathalyzers and field sobriety tests, there is rarely evidence We are a peer-driven support program for police officers and their families. Our program is completely confidential and is available to ALL police officers and their families. Group or individual help with handling family and life issues, alcohol, drugs, anger and domestic issues. Referral for specialist as needed. 251 River Street, Mattapan, MA 02126 Office: 617-343-5175 (M-F 9 am-5 pm) Off-Hours, On-Call Peer Counselor: 617-594-9091 Sometimes even WE need a little help from our friends! s! to corroborate simple observations. Additionally, seizures of phones would create all sorts of 4 th Amendment issues. Nonetheless, over the past few months, I know that some local police departments have received grants specifically air marked to curb distracted driving. The Quincy Police Department received $20,000 this spring from the Executive Office of Public Safety to add patrols aimed at identifying and stopping motorists improperly using cell phones. Similarly, the Brookline Police completed a sting operation over the summer where officers dressed up like Boston sports fans, wearing Patriots and Bruins gear, and nabbed unassuming offenders. If anything, it brought awareness to the issue. I can only hope that more proactive policing such as this occurs - even in our great City of Boston - to give people like me an incentive to put down the phone. I would also urge the legislature to consider stronger penalties such as a $1,000 fine or an automatic tow for a first offense and mandatory license suspension for recidivists. This could go a long way in bucking the current trend. Ok, as Forrest Gump once said, “That’s all I have to say about that.” Stay safe out there, enjoy the crisp fall weather and don’t forget to tip your bartender. THE BOSTON POLICE DEPARTMENT PEER SUPPORT UNIT