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New York State Association of Criminal Defense Lawyers - NYSACDL

New York State Association of Criminal Defense Lawyers - NYSACDL
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NYSACDL Opposes ‘Textalyzer’ Bill

MEMO IN OPPOSITION
Field testing mobile phones and portable electronic devices
A3955/S2305

The New York State Association of Criminal Defense Lawyers (NYSACDL) strongly OPPOSES the enactment of A3955/S2305.

NYSACDL recognizes that distracted driving is a serious threat to public safety on public highways. This proposed legislation, however, does not in any way deter or even attempt to deter distracted driving. Instead, this legislation provides for the coerced gathering of evidence of a traffic infraction (not even a crime) in the absence of any facts that give rise to the existence of probable cause. The proposed legislation creates a new level of ‘implied consent’ with threats of draconian license forfeiture that will have critical and far reaching implications to Fourth Amendment guarantees.

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