Talking on cell phones without a hands-free device while driving is distracting, right? Though some of us may or may not agree, state senator Joe Simitian thinks it is. He’s the one behind the whole “hands-free-only cell phone use while driving” law, enacted 18 months ago for the state of California. Its little brother appeared shortly after, making it illegal for drivers to text.

If you’re like most people and completely disregard the new law, you’d better look over your shoulders more carefully because Simitian has two more tricks up his sleeve. He wants to either triple the fine or place one point on your driving record if you are caught using a cell phone without a hands-free device while driving.

Nannette Miranda on the Web site of ABC 30 Action News ran a story on Jan. 21, stating Simitian’s intentions. The story also featured a study done by the Highway Loss Data Institute, which revealed that California’s number of accident claims were no different than other states without the new law.

Miranda’s story also said that the California Highway Patrol (CHP) disagrees with the study, saying that the number of traffic fatalities decreased in the first six months alone. The CHP has issued more than 231,000 tickets since the new law’s inception; that doesn’t even count local sheriff and police department- issued tickets. It’s no wonder they’re in favor of it.

This story basically points out that despite having a law against handling a cell phone while driving, people still continue to do it and California’s accident rate is no different than other states without the law. How dare citizens defy their government.

Holding a cell phone to your ear while driving may or may not be distracting. What Simitian fails to realize is that holding a cell phone while driving is no different than holding a burger in one hand while talking to a passenger. Isn’t that equally distracting? “Oops, I just dripped ketchup on my seat. Quick, take the wheel while I wipe it down!”

It’s not just cell phones that distract people while driving, Senator Simitian. Food, drinks, stereos, and high-tech automobile features are just some of the things that drivers can be distracted by. If people drive and use a wireless device while doing so, wouldn’t they be prone to distraction by the conversation alone?

Because the law is seemingly ineffective, California’s elected officials are planning to ram it down our throats even further, with the hope of trying to eliminate a percentage of traffic accidents. It’s just another case of big government trying to oppress the rights of citizens.

It should not be the government’s job to tell people what they can or can’t do in their own cars. If California’s elected officials think driving while holding cell phones is distracting, they need to consider all the other possible distractions. With a law like this, what’s good for the goose is good for the gander.

Remember when Motorola and GTE used to make phones specifically built for cars? It was a luxury feature that, at the time, only well-off people could afford. Maybe in 15 years, cup holders in cars will be a thing of the past. The objects that occupy them, sodas, beard trimmers, French fry cartons, would be too distracting for drivers, if we listened to California’s elected nannies.