Nevada AB 200 – authorizing a peace officer at the scene of a traffic crash to use technology to determine if a driver was using a handheld wireless communications device
AN ACT relating to motor vehicles; authorizing a peace officer at the scene of a traffic crash to use technology to determine if a driver was using a handheld wireless communications device at the time of the crash; requiring the suspension of the driver's license of a driver who refuses a request by a peace officer to use such technology; providing penalties; and providing other matters properly relating thereto.Full Bill Text
AB 200 was introduced on February 19, 2019 and referred to the Assembly Judiciary Committee. The Committee has schedule a hearing on March 1st.
The bill allows a law enforcement officer to investigate the contents and use of a driver’s cell phone at the scene of an accident. If the driver refuses, AB 200 authorizes the officer to seize the driver’s operating license, an action that includes an automatic 90-day suspension of the driver’s license. Being that cell phones contain a plethora of personal information, much of it unrelated to possible involvement with the operation of the vehicle at the time of an accident, the authorities should have to obtain a court order to review the contents of a driver’s phone under a limited scope. The bill takes due process away from the driver by forcing a no-win decision: Either comply by surrendering your rights to privacy on the spot or lose your license for several weeks.