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California joins five other states in requiring drivers to use hands-free devices when talking on cellphones, an increasing body of research suggests the legislation will accomplish little.

The risk doesn’t stem from whether one or both hands are on the wheel, research suggests. It is whether the driver’s mind is somewhere else.

The biggest danger is “cognitive capture” — or being blind to driving cues because one is absorbed in conversations, especially emotional ones.

“There’s a common misperception that hands-free phones are safer when the research clearly suggests that they they’re both equally risky,” said Arthur Goodwin, a researcher at the University of North Carolina Highway Safety Research Center.

California motorists will be required to use a hands-free device to talk on a cellphone starting July 1 under a new traffic safety law. Such laws are already in effect in New York, New Jersey, Connecticut, Utah, Washington state and the District of Columbia.

Hands-free laws have come to be seen as the most politically feasible way to address the dangers of driver distraction because of cellphone use.

Gov. Arnold Schwarzenegger sought to reassure drivers that they need not hang up their phones when he spoke at a signing ceremony for the California law in 2006. “You don’t have to stop talking on your cellphone, but use a headset or use a speaker system, and you will be fine.”

If hands-free is the path of least resistance, it was still a long, hard slog for Sen. Joe Simitian, the Palo Alto Democrat who sponsored the bill. Simitian tried but failed to win passage for five years before breaking through. He said he persisted because he was sure the law would save lives.

“There isn’t a study in the world that says you’re safer driving with a cellphone clutched to your ear than when you are driving with both hands on the wheel,” he said.

But Goodwin and other scientists say that hands-free laws could actually make things worse by encouraging drivers to make more or longer calls.

Indeed, federal highway safety officials drafted a letter from then-Transportation Secretary Norman Y. Mineta to the nation’s governors in 2003 to warn against laws like California’s that allow hands-free calling. For reasons never fully explained, the letter was neither signed by Mineta nor sent. According to the letter: … “overwhelmingly, research worldwide indicates that both hand-held and hands-free phones increase the risk of a crash.”

“We are convinced that legislation forbidding the use of hand-held cellphones. . . . will not be effective,” the letter says. Such laws “may erroneously imply that hands-free phones are safe to use while driving.”

The letter was based on a lengthy review of worldwide research on driver distraction conducted at the National Highway Traffic Safety Administration, a branch of the Department of Transportation. In that 2003 review, the agency’s researchers for the first time estimated fatalities linked to cellphone use by drivers, putting the toll at 955 deaths in 2002. They predicted that it would only rise because of the growing use of cellphones and especially such activities as text messaging, former agency officials said.

After a June, 2003 meeting with Department of Transportation authorities, the letter was drafted but then spiked. The fatality estimate was never made public.

“They don’t put the numbers out there because the numbers make it a lot harder to explain why you haven’t been more active,” said Bill Walsh, former senior associate administrator of the agency.

Other published research, however, has resulted in similar findings. A 2003 study by the Harvard Center for Risk Analysis estimated that there are about 2,600 deaths and 12,000 serious to critical injuries a year in crashes involving drivers using cellphones.

Two widely cited studies found a fourfold greater crash risk for drivers using cellphones than for normal driving — with nearly identical risks for hand-held and hands-free phones. The studies looked at drivers and collisions in Canada and Australia, where cellphone records were available for analysis, unlike the U.S.

A 2006 study by David L. Strayer and colleagues at the University of Utah found that drivers tested on simulators performed about the same when they used cellphones as when they had a blood alcohol-level of 0.08%, which made them legally drunk. The drivers actually did better in braking and avoiding rear-end collisions when alcohol-impaired than when they were talking on hand-held or hands-free phones.

There are some skeptics. A 2006 paper co-authored by James E. Prieger, a professor of public policy at Pepperdine University in Malibu, found that the link between cellphones and collisions was less conclusive, and the crash risks probably lower, than indicated in some of the most prominent studies.

Many folks think cellphones are more dangerous than drunk driving or a San Diego DUI.

San Diego DUI / DMV Lawyer Rick Mueller specializes in California DUI and
DMV law. San Diego DUI Attorney Specialist Rick Mueller is the only DMV – DUI attorney who was the featured Speaker at 7 DUI seminars in San Diego County in the last several years, including this Friday March 28 in San Diego California.

San Diego DUI Attorney Rick Mueller is known as the “DMV Guru” by the Bar Association. Recognized as a Contributor to the California Drunk Driving Law book, he is now the San Diego DUI Editorial Consultant for the most comprehensive reference book for California DUI law. San Diego drunk driving lawyer Rick Mueller is a Specialist Member of the California DUI Attorneys Association and is also a member of the National College for DUI Defense and the National Association of Criminal Defense Lawyers.

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