this post was submitted on 04 Jul 2024
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[–] xhieron@lemmy.world 1 points 2 months ago

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.