It was just a matter of time….
New York has proposed a bill to utilize a new tool that is currently in development – it is referred to as a textalyzer, which is along the same lines as a breathalyzer. The bill proposes that law enforcement would be allowed to use this textalyzer at the scene of accidents to determine if the driver(s) were texting while driving.
According to the news outlets, the textalyzer would not share the content of the texts or any other personal information; it would simply be used to determine if the driver was texting while driving. Of course this has raised privacy concerns – there has been a question of if it will actually be true that no personal information will be made available with this tool – but given the reality of distracted driving, this should not be a real consideration in whether or not the bill is passed.
If passed, a driver could run the risk losing their license if they refuse to allow law enforcement to scan their mobile device. When the textalyzer is used and the driver is found guilty of distracted driving, they could face a penalty of having a suspended license for 12 months on the first offense, and up to 18 months’ suspension if it happens twice in a five year period.
Personally, I think this textalyzer should be expanded to include any online activity while driving, such as browsing websites, conducting internet searches (even if they are voiced activated), and it’s possible that this is the intent but is being referred to as a textalyzer since it will look at metadata (essentially text) on the phone.
Of course it is expected that lawyers will have a field day with this if it in fact comes to fruition. I can imagine they would fight it based on it being a new technology and questioning its accuracy, reliability, etc, and potential privacy issues if they can find a loophole there. I think this is a great tool for law enforcement to have on hand, and if this bill passes I think it will help more than cause issues. It will take some time to figure out from a legal standpoint of course, but the benefits definitely seem to outweigh the risks involved in introducing such a tool.