This headline is a disaster. The court found that the exceptions–things you’re allowed to do with your phone while driving–are affirmative defenses. That is, if the prosecutor already made a prima facie case that the defendant was breaking the device use law, then the burden shifts to the defendant to prove one of the exceptions applies.
It’s a much better rule than one that would, implicitly or worse, give the cops carte blanche access to your phone.
This headline is a disaster. The court found that the exceptions–things you’re allowed to do with your phone while driving–are affirmative defenses. That is, if the prosecutor already made a prima facie case that the defendant was breaking the device use law, then the burden shifts to the defendant to prove one of the exceptions applies.
It’s a much better rule than one that would, implicitly or worse, give the cops carte blanche access to your phone.