Driving with a cellphone is more dangerous than DUI with a .08 BAC*

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Ben Hiltzheimer Profile Photo
Managing Partner with over 19 years of litigation experience exclusively in criminal defense. He earned his law degree from The George Washington University in Washington, D.C.

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Robert DiDomenico III profile photo
A graduate of The University of North Carolina School of Law. His experience organizing collective action to secure adequate health and safety conditions for co-workers led him on his path to law school. He is humbled and honored by the opportunity to now advocate for you.

* According to Washington Governor Jay Inslee, in a hyperbolic defense of his state’s imposition of a new law that gives the police yet another reason to intrude on your ability to travel freely without interference by law enforcement.

They’re calling it “E-DUI” — driving under the influence of electronic devices.  Meanwhile in every city in America:

It will be interesting to see how the public reacts to the obvious hypocrisy of a law that outlaws innocuous conduct by citizens while entirely overlooking far more egregious instances of the same conduct by law enforcement.  I predict that no one will care because we are apparently a nation of people who love to surrender our liberty at the altar of police power.

As for a silver lining, I’ll look forward to citing the Governor of Washington at my next DWI trial for the proposition that driving with a .08 BAC is less dangerous than driving with a cellphone.  As a matter of logical consistency, given that driving while talking on a cellphone remains legal in North Carolina, driving with a .08 BAC should result in an automatic not guilty.

Right?

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Raleigh DWI lawyer Ben Hiltzheimer is a criminal defense attorney with offices in Raleigh and Durham, North Carolina, who represents individuals charged with DWIs and the full spectrum of misdemeanors and felonies. Contact us for a free, confidential consultation and case evaluation at (919) 899-9404.

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