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  • Category Archives Ambiguous Laws
  • Putting Down the Distracted Drivers Law?

    FACT: WA STATE DISTRACTED DRIVERS, HOLDING ELECTRONIC DEVICES, KILL AND INJURE PEOPLE, THE PUNISHMENT AND PENALTIES, BY LAW, SHOULD  BE THE SAME AS DUI LAWS.

    DUI or DWI Punishments and Penalties | Nolo.com

    www.nolo.com/legal-encyclopedia/dui-or-dwi-punishments-penalties-30321.html

    Jail Time. In all states, first-offense DUI or DWI is classified as a misdemeanor, and punishable by up to six months in jail. That jail time may be increased under certain circumstances. … MANY STATES ALSO REQUIRE MINIMUM JAIL SENTENCES OF AT LEAST SEVERAL DAYS ON A FIRST OFFENSE.

    MANY STATES also require minimum jail sentences of at least several days on a first offense. Subsequent offenses often result in jail sentences of several months to a year.

    For a DUI or DWI that’s been classified as a felony — either because the driver killed or injured someone or because it’s the driver’s third or fourth DUI — jail sentences of several years are not uncommon. Again, this depends on state law, the facts of the case, and the discretion of the judge at trial.

    FINES IN ADDITION TO JAIL SENTENCES, courts can and do impose high fines for DUI or DWI. These range from $500 to as much as $2,000.

    DRIVER’S LICENSE PROBLEMS A DUI or DWI offender stands a good chance of having his or her license suspended for a substantial period of time (either by court order or mandate of the state motor vehicles department). FOR EXAMPLE, MANY STATES suspend a first offender’s license for 90 days; a second offender’s license for one year; and a third offender’s license for three years.

    IN MANY STATES IF YOU COMMIT THE SAME CRIME , KILLING AND INJURING PEOPLE, YOU DO THE SAME  TIME

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    JULY 27, 2017

    HAS WA STATE NANNY GOVERNOR JAY INSLEE (D)  GONE TOO FAR WITH THE STRICTEST DRIVER  LAWS IN THE NATION?

    OR  HAVE HE AND WA STATE LEGISLATORS JUST WANDERED OFF INTO LAW LAW LAND?

    Nation’s Strictest Distracted Driver Law Bans Motorists From Even …

    www.newsweek.com/distracted-driver-law-washington-state-no-holding-phones-6413…

    3 days ago – Drivers in Washington state caught holding their phones, having a quick snack or applying makeup could face fines of up to $234 under a new …

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    A “STEREOTYPICALLY LAUGHABLE EXAMPLE OF A LIBERAL NANNY STATE AT ITS WORST.  IN AN ATTEMPT TO REGULATE OR BAN DOZENS OF ITEMS AND BEHAVIORS FROM BIG GULPS TO CIGARETTES….

     WHILE DRIVING.

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    Nearly 30,000 sign petition against Washington’s new distracted …

    q13fox.com/2017/…/petition-started-against-washingtons-new-distracted-driving-law/

    22 hours ago – TACOMA — At least 28000 people have decided that a Washington state law against distracted driving takes enforcement too far. The News …

    INDEED, MICROMANAGER NANNY GOV. INSLEE (D) AND HIS WA STATE LEGISLATORS HAVE GONE TOO FAR. period

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    California: The Ultimate Nanny State – The Federalist

    thefederalist.com/2016/05/05/california-is-an-authoritarian-hellhole/

    MAY 5, 2016 – In California a 15-year-old girl can abort a viable baby without telling her parents, but a 20-year-old can’t buy a pack of cigarettes.

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    CALIFORNIA NEEDS THE SUPREME COURT TO TELL IT THAT REGULATING….

    DC HAS ALREADY GOTTEN IN THE GAME.

     APR 7, 2017 – WASHINGTON (CNN) THE SENATE FRIDAY MORNING CONFIRMED NEIL GORSUCH, A 49-YEAR-OLD FEDERAL JUDGE WHO COULD HELP CEMENT A CONSERVATIVE …

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    The Michael Bloomberg Nanny State In New York: A Cautionary Tale

    www.forbes.com/…/the-michael-bloomberg-nanny-state-in-new-york-a-cautionary-tal…

    May 10, 2013 – Since New York City Mayor Bloomberg announced the 20-ounce soda ban last fall, the controversy has garnered national attention. But, this is just the latest example of his attempt to expand the “nanny state” that has become New York City.

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    Meet Bloomberg | Nanny State

    https://www.meetbloomberg.com/nanny-state/

    Bloomberg’s 12 years as mayor of New York City have been referred to as a “stereotypically laughable example of a liberal nanny state at its worst.

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    What Has Bloomberg Tried To Regulate Or Ban In New York City?

    A BETTER QUESTION MIGHT BE WHAT HASN’T HE TRIED TO REGULATE OR BAN.

    HERE’S THE LIST OF SOME OF THE ITEMS ON HIS NANNY AGENDA: ALCOHOL, CALORIE COUNTS, carbon, CELL PHONES, CIGARETTES, contraceptives, composting, fingerprinting, gasoline, NOISE, POLITICS, PRIVACY, SECOND AMENDMENT, SODA, SODIUM, Styrofoam, taxis, tanning, traffic congestion and trans fats.

     BLOOMBERG’S 12 YEARS AS MAYOR OF NEW YORK CITY HAVE BEEN REFERRED TO AS A

    “STEREOTYPICALLY LAUGHABLE EXAMPLE OF A LIBERAL NANNY STATE AT ITS WORST. HE “UNLEASHED A TSUNAMI OF PUBLIC HEALTH INITIATIVES” IN AN ATTEMPT TO REGULATE OR BAN DOZENS OF ITEMS AND BEHAVIORS FROM BIG GULPS TO CIGARETTES, from composting to trans fats.

    HE DID THIS BECAUSE HE THINKS THERE ARE TIMES WHEN GOVERNMENT  “SHOULD INFRINGE ON YOUR FREEDOM.” 

    BLOOMBERG DOESN’T THINK YOU KNOW WHAT YOU WANT, OR WHAT IS BEST FOR YOU.

    HE HAS ACTUALLY SAID,“YOU DON’T KNOW WHAT YOU CARE ABOUT.

    BECAUSE WHAT YOU CARE ABOUT CHANGES WITH WHAT’S GOING ON IN THE WORLD,

     AND YOU NEED SOMEBODY TO MAKE THOSE DECISIONS FOR YOU.”

    And Bloomberg has spent his billions trying to be that somebody.

    Bloomberg’s ban on cell phones in schools simply showed how out-of-touch he was with today’s realities.

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    The Complete List of Everything Banned by Mayor Michael Bloomberg

    gizmodo.com/the-complete-list-of-everything-banned-by-mayor-michael-1490476691

    DEC 31, 2013 – Michael Bloomberg leaves office tomorrow after 12 years as New York City’s mayor. No mayor in recent memory has added so much to a city. Or taken so much away. To remember him properly, here’s a list of everything Bloomberg banned during his time in office.

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    Is American freedom suffering  from being micromanaged  by  Nanny States,  government? THAT MAKE TOO MANY LAWS, about how people should live their lives, especially about, gun control, eating, smoking, or drinking, coffee, water, sugary water, energy drinks,  overprotective or interfering unduly with personal choices, life liberty and the pursuit of happiness.

    Like, driving to work holding your morning cup of Starbucks? Or eating a McDonalds  egg McMuffin in your car?

    Jul 27, 2017 Absolutely no one likes to be micromanaged. It’s frustrating, demoralizing, and demotivating. Yet, some states can’t seem to help …

    Down Right insulting,  WA State’s Micromanaging Nanny’s,   PASSING A LAW, THAT CONNOTES ANYONE DRIVING IN WA STATE (including tourists) CAN’T CHEW GUM AND DRIVE AT THE SAME TIME……..

    Connotes by definition: imply or suggest (an idea or feeling) in addition to the literal or primary meaning.

    Micromanagement is Mismanagement.

    Micro-managers are bad news for business and bad news for employees.

    They dis-empower staff, stifle opportunity and innovation, and give rise to poor performance.

    MICROMANAGEMENT IS JUST PLAIN BAD MANAGEMENT.


  • Due Process for Distracted Drivers Law?

    Gov. Jay Inslee (D) DUE PROCESS BY PUBLIC NOTICE?

     WA State Distracted Drivers Law ADOPTED 04/19/2017 

     VETOED by Gov. Jay Inslee (D)  MAY 16, 2017

    Gov. Jay Inslee (D) accelerated the law’s effective date to July 23, 2017

    Vagueness is generally considered to be a DUE PROCESS issue, because a law that is too vague to understand does not provide adequate notice to people that a certain behavior is required or is unacceptable.

    The “void for vagueness” doctrine argues that a law cannot be enforced if it is so vague or confusing that the average person could not figure out what is being prohibited or what the penalties are for breaking that law.

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    It doesn’t take too much effort to imagine a distracted driver suing the state over a disputed ticket for failure of DUE PROCESS ON PUBLIC NOTICE et al.

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    A law can be unconstitutionally vague in one of two main ways.

    First, the law may be void for vagueness if it does not adequately explain or state what behavior the law is meant to affect.  If the average citizen cannot figure out from reading the law what he should or should not do, a court may find that the law violates due process. 

    Second, a law may be void for vagueness if it does not adequately explain the procedures that law enforcement officers or courts must follow when enforcing the law or handling cases that deal with certain legal issues. 

    Specifically, a law may be found to be unconstitutionally vague if it gives a judge no idea how to approach or handle a case based on that law.

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    ADOPTED 04/19/2017  WA State Distracted Drivers Law

    MAY 16, 2017 Gov. Jay Inslee (D)  vetoed a compromise by the Legislature that would have postponed enforcement of the Driving Under the Influence of Electronics (DUIE) Act until 2019.

    Gov. Jay Inslee (D)  surprised even the supporters of a distracted-driving law Tuesday when he accelerated the new crackdown, IN A LETTER TO THE SENATE DATED MAY 16, 2017.

    Gov. Jay Inslee (D) vetoed the section that gave drivers until 2019 to acclimate to the changes and instead declared Sunday, July 23, 2017 as the law’s effective date.

    The final version passed Wednesday pushed the proposed start date from Jan. 1, 2018, to Jan. 1, 2019, because several members wanted extra time for the public to adjust, according to prime sponsor Rep. Jessyn Farrell, D-Seattle.

    Farrell justified the wait on Wednesday, saying colleagues in both parties sought more TIME FOR A SUSTAINED EDUCATION campaign, for the public to adapt, and for motorists to obtain built-in communication systems. The State Patrol is currently understaffed but is striving to boost recruitment, with help from proposed raises this legislative session.

    Understaffed was confirmed yesterday by Kyle at  WSP media center, yesterday.

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    Gov. Jay Inslee (D)  His abysmal record on TIME FOR A SUSTAINED EDUCATION speaks for it’s self

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    Gov. Jay Inslee (D) IS PERSONALLY RESPONSIBLE FOR SIGNING THE VETO. period

    It doesn’t take too much effort to imagine a distracted driver suing WA State over a disputed ticket  for failure of DUE PROCESS ON PUBLIC NOTICE et al. 

     But why would Gov. Jay Inslee (D) worry about a WA State lawsuit?

    After all  Gov. Jay Inslee (D) has  his nationally spotlighted Washington State Attorney General Bob Ferguson (D) to defend his VETO.

    After all , A law can be unconstitutionally vague in one of two main ways.

    And after all, Vagueness is generally considered to be a DUE PROCESS issue.

    AND, PUBLIC NOTICE IS A DUE PROCESS ISSUE


  • WA State Distracted Drivers Law

    Effective July 23, 2017 Washington State has enacted one of the nation’s toughest distracted driving laws after legislators passed a bill outlawing nearly every conceivable form of attention-diverting behavior behind the wheel.

    The bottom line….

    What does it mean when a law is “void for vagueness” or “overbroad …

    www.rotlaw.com › Legal Library › Procedure

    How does “choice of law” affect judgments? … If the average citizen cannot figure out from reading the law what he should or should not do, a court may find that …

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    Inslee’s WA State Distracted Drivers Law may have ambiguous inclusion?

    “INCLUDING BUT NOT LIMITED TO”  This phrase is used to indicate that a list is not necessarily exhaustive.

    In other words, when you don’t want someone to get the impression that whatever you’re saying applies only the items on the list.

    It means that those things are included, but other things you haven’t mentioned could be included as well, as ALL OF THE ABOVE

    OR, ARE THE DRIVING DISTRACTION TICKETS AND FINES et al, TO BE LEFT TO THE DISCRETION OF THE WSP OFFICER THAT PULLS OVER,  OR NOTICES A RUNNING VEHICLE, WITH A  DRIVER IN THE VEHICLE, WHERE EVER THE VEHICLE IS PARKED, WITH A DRIVER DOING WHATEVER HE’S DOING, WITH WHATEVER HE’S DOING IT WITH IN HIS VEHICLE?

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    IGNORANCE OF THE LAW IS NO EXCUSE

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     A LAW BASED ON STATISTICS?

    October 19, 2016 Olympia-  The phenomenon of driving while distracted is growing.  According to the Washington Traffic Safety Commission, fatalities caused by distracted driving increased by 30.8% in 2015.

    STATISTICS are like bikinis. What they reveal is suggestive, but what they conceal is vital.’

    STATISTICS – and research in general – is carried out by *people*. PEOPLE HAVE MOTIVATIONS.

    Then again, by now we know WASHINGTON GOVERNOR JAY INSLEE doesn’t have the highest regard for human drivers in all our glorious fallibility. And he kept beating that drum at a distracted driving awareness event in the state capital on Monday.

    Governor Inslee also vetoed a provision of the original bill that would have delayed its implementation until 2019, reminding the crowd in Olympia that A DISTRACTED DRIVER IS JUST AS BAD AS A DRUNK ONE—and that the issue is too urgent to wait.

    STATISTICS  ON DRUNK AND DRUGGED DRIVERS

    DRUNK DRIVING  ACCOUNTS FOR 32 PERCENT  OF ALL TRAFFIC-RELATED DEATHS add, 10 % OF MARIJUANA RELATED FATAL CAR ACCIDENTS

    July 21, 2017  Washington State Patrol WSP has more life saving priorities.

    Jun 3, 2016, After alcohol, marijuana is the drug most often found in the blood of drivers involved in crashes. … Along with marijuana, PRESCRIPTION DRUGS ARE ALSO COMMONLY LINKED TO DRUGGED DRIVING CRASHES.

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    AND,  JUN 23, 2017 – DRUG DEATHS… FATAL OVERDOSES SURPASSED SHOOTING DEATHS AND FATAL TRAFFIC ACCIDENTS

    JULY 21, 2017  WASHINGTON STATE PATROL WSP HAS MORE LIFE SAVING OPPORTUNITIES

    Investigative Assistance Division – Washington State Patrol

    www.wsp.wa.gov/crime/iad.htm

    … Section participate in 14 local and 4 Drug Enforcement Administration (DEA) task forces. …

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    Washington State DUI Statistics [infographic]. DRUNK DRIVING ACCOUNTED FOR 32 PERCENT OF ALL TRAFFIC-RELATED DEATHS IN THE UNITED STATES in 2009

    Marijuana-related fatal car accidents surge in Washington state after …

    www.washingtontimes.com/…/2016/…/marijuana-related-fatal-car-accidents-surge-wa…

    ROUGHLY 10 PERCENT OF WASHINGTON STATE DRIVERS INVOLVED IN FATAL CAR CRASHES between … MARIJUANA-RELATED FATAL CAR ACCIDENTS SURGE IN WASHINGTON STATE AFTER LEGALIZATION … By Andrea Noble – The Washington Times – Tuesday, May 10, 2016.

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     BIKINI  STATISTICS ON GOV JAY INSLEE’S  WA STATE DISTRACTED DRIVERS LAW

    STATISTICS ? What they reveal is suggestive, but what they conceal is vital.’

    “Facts are stubborn, but statistics are more pliable.”

    Statistics – and research in general – is carried out by *people*. PEOPLE HAVE MOTIVATIONS.

    WASHINGTON GOVERNOR JAY INSLEE (D) HAD HIS MOTIVATIONS.

    AND, HE HAD HIS STATISTICS…..

     15% INCLUDED PASSENGER DISTRACTION

     12% INCLUDED CELL PHONE DISTRACTION

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    THE STARTLING STATISTICS ON DISTRACTED YOUNG DRIVERS?

    58% OF TEEN DRIVERS INVOLVED IN MODERATE TO SEVERE CRASHES WERE DISTRACTED

    24% OF YOUNG DRIVERS INVOLVED IN WASHINGTON FATAL CRASHES WERE DISTRACTED IN 2015, 

     According to the Department of Licensing, 24% OF YOUNG DRIVERS INVOLVED IN WASHINGTON FATAL CRASHES WERE DISTRACTED IN 2015, up from 18% in 2008. Videos taken inside teenage driver’s car seconds before a crash reveal some startling statistics. Out of 1,700 videos taken:

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    Washington State Targets All Forms of Distracted Driving With New ‘E …

    www.thedrive.com/news/…/washington-state-targets-all-forms-of-distracted-driving-w…

    3 days ago – Washington State Targets All Forms of Distracted Driving With NewWashington’s new EDUI law will undoubtedly be a sticking point for …

    July 18, 2017 The Drive · Kyle Cheromcha View Kyle Cheromcha’s Articles

    instagram.com/kylecheromcha

    Fresh off its efforts to end the scourge of left-lane slowpokes, Washington State is preparing to enact one of the nation’s toughest distracted driving laws after legislators passed a bill outlawing nearly every conceivable form of attention-diverting behavior behind the wheel.

    Starting Sunday, drivers will no longer be allowed to use handheld devices at all, even while stopped in traffic or doing something as simple as scrolling through a playlist. Say goodbye to your red light selfies and social media spot-checks; officers who spot a driver with a phone in hand at any time for any reason can issue a ticket starting at $136, and repeat offenders will see that fine rise to $234 per violation.

    Additionally, a whole slew of other common sights—smoking, eating, drinking, reading, and “grooming”—are now secondary offenses, meaning drivers can be handed a $99 ticket for any of these actions if they’re pulled over for something else. So that guy you see on your morning commute making the illegal merge while shaving and eating his McMuffin is in for a rude awakening.

    Washington’s new E-DUI law will undoubtedly be a sticking point for some people. We can all agree that texting (and reading, and grooming, and sometimes eating) is indeed distracting when controlling a multi-ton vehicle, and therefore probably shouldn’t be allowed. But can the same be said for drinking a bottle of water? Or smoking a cigarette? It can be argued that anything other driving is a distraction behind the wheel, but it doesn’t take too much effort to imagine a driver suing the state over a disputed ticket and the law’s true intent.

    Then again, by now we know Washington governor Jay Inslee doesn’t have the  highest regard for human drivers in all our glorious fallibility. And he kept beating that drum at a distracted driving awareness event in the state capital on Monday. Governor Inslee also vetoed a provision of the original bill that would have delayed its implementation until 2019, reminding the crowd in Olympia that a distracted driver is just as bad as a drunk one—and that the issue is too urgent to wait.

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    Does (D)  Inslee’s WA State Distracted Drivers Law have this ambiguous inclusion?

    “INCLUDING BUT NOT LIMITED TO”  This phrase is used to indicate that a list is not necessarily exhaustive.

    In other words, when you don’t want someone to get the impression that whatever you’re saying applies only the items on the list.

    It means that those things are included, but other things you haven’t mentioned could be included as well, as ALL OF THE ABOVE

    OR, ARE THE DRIVING DISTRACTION TICKETS AND FINES et al, TO BE LEFT TO THE DISCRETION OF THE WSP OFFICER THAT PULLS OVER,  OR NOTICES A RUNNING VEHICLE, WITH A  DRIVER IN THE VEHICLE, WHERE EVER THE VEHICLE IS PARKED, WITH A DRIVER DOING WHATEVER HE’S DOING, WITH WHATEVER HE’S DOING IT WITH IN HIS VEHICLE?

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    The bottom line

    After reading nearly everything about this new law on line for six hours, I’m so confused

    What does it mean when a law is “void for vagueness” or “overbroad …

    www.rotlaw.com › Legal Library › Procedure

    How does “choice of law” affect judgments? … If the average citizen cannot figure out from reading the law what he should or should not do, a court may find that …