MA: Common Courtesy While Driving Act (Vetoed)

[tmthforu94]

Due to reasons I have expressed in previous debates, primarily my support for free speech and my feeling that this leaves too much at police officers discretion, this will not get my signature, though I am open to suggestions.

I will say one thing, which I heavily fought over when this was debated before, and that is my opposition to getting ticketed for leaving your high beams on, as it is too vague and simply shouldn't be enforced by the government.

[tmthforu94]

I accept Talleyrand's amendment.

Due to reasons I have expressed in previous debates, primarily my support for free speech [...] this will not get my signature, though I am open to suggestions.

In what way does this bill violate the principle of free speech?

Leaving the entire issue at a policeman's discretion certainly open this up for many attacks on free speech, as the guidelines are not specific at all and could be open to a wide range of interpretations.

I would appreciate if my other concerns could be addressed as well instead of this turning into a never-ending back and forth over whether this violates free speech (not that it can't be discussed in more depth, I just don't want other issues with this legislation to be ignored)

[tmthforu94]

Because as I've already said, the language used, particularly "intimidating drivers", could lead to many different interpretations. How do you define "intimidating drivers", Assemblyman ZuWo?

[tmthforu94]

Then that still brings me back to my original concern, plus others, which I am hoping you can address:
1. Police Discretion - I think there needs to be very clear and specific guidelines to go off of so that there isn't much wiggle room.
2. High Beams - I might be more willing if it said "excessive flashing of lights" instead, but allowing ticketing for leaving your high beams on is pushing it too far.
3. Agreeing with Assemblyman Lumine, I also believe the language used for honking the horn is too ambiguous.

On another note, I don't like the idea of suspending one's license for multiple offenses, especially with the current language. At least set a number of times before it would be plausible.

[tmthforu94]

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Thoughts?

[tmthforu94]

I don't see the need for a warning.  Can supporters of the warning provide an example of any jurisdiction who gives a mandatory warning before giving a fine?

I support establishing a warning due to the high level of individual officer's discretion that is created through this legislation.

[tmthforu94]

I don't see the need for a warning.  Can supporters of the warning provide an example of any jurisdiction who gives a mandatory warning before giving a fine?

I support establishing a warning due to the high level of individual officer's discretion that is created through this legislation.

I understand that.  But that's not what I asked.  Can you give an example of any jurisdiction that requires a warning before a fine is given?

Bueller? Bueller? Anyone? Anyone?

Grow up, Inks. It's been a few hours, and I had a night class. Quit being so dramatic.

But anyways, who cares if there might not be any other jurisdiction that requires a warning? I, as well as other members of the Assembly, believe it appropriate in this instance, for reasons already mentioned in this thread.

[tmthforu94]

The text of this leaves a lot open to interpretation, especially with the high beams clause. How can we determine when it is necessary to have them on? I think a warning is fair with the way this bill is written - often if you've had a clean record and have never been stopped, officers often issue verbal and written warnings - I don't see why it couldn't be included for these items as well.

[tmthforu94]

I ask once again that this amendment be considered.

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[tmthforu94]

Give me an example of a time that "turning on high beams when it is not necessary to do so" could lead to a ticket that "excessive flashing of high beams when it is not necessary to do so" would not be able to.

Upon reflection, most of the time, flashing the lights only occurs when someone else has their brights on, so I have amended it to completely remove high beams. Thank you for bringing this to my attention, Inks.