Can you imagine a breathalyzer for your phone? A new tool being developed for officers aimed at cracking down on distracted driving has caused privacy concerns for some.
The way it works is an officer could pull you over on the road or maybe you are involved in a crash. If the officer suspects the violation or crash could have been caused by a distraction, they can use the so-called “textalyzer” to scan your phone for typing and swiping in 90 seconds - without a warrant.
The “textalyzer” is currently making its way through the New York State Legislature. If someone were to deny a “textalyzer,” just like they would a breathalyzer - they could see their license revoked.
Currently in Nashville, Metro Police officials said an officer must see a driver texting, pull them over and the driver must admit to texting before a citation is written.
"Not only do my clients believe they've been the victim of people who are texting and driving but I see it every single day when I'm on the road," said John Day.
Day is a local personal injury attorney.
"The average is you take your eyes off the road for five seconds. At 60 mph you're going 88 feet per second which means you traveled more than a football field and a half without your eyes on the road. Lots of horrible things could happen in that time period," Day said.
He believes the textalyzer concept is a good one but privacy will be an issue. "The Supreme Court said just two years ago it's private. You can't look at it without a warrant," explained Day.
In Tennessee, Representative Bo Mitchell is sponsoring a similar law that would make it mandatory for drivers to hand over their phones if a crash resulting in injury or death is suspected to be caused by distracted driving.
"You don't have an alternative, that's a little scary to me," Day said. That bill, however, will not be discussed again until 2018.
