Quote:
Originally Posted by jammies
Further, it's a false analogy to link this with evidence seized to assist in the prosecution of a crime. This isn't that, as the seizure is incidental to the charge, not central to its proof - like (I think) flameswin said, if I'm eating a burger and I'm distracted should they impound the burger for 24 hours? Most people laugh at that idea, but it logically follows as a consequence of deciding to take away the instrument by which the infraction was committed as a precedent in law.
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What about when it's a person's kids that are causing the distraction. I actually witnessed an accident where a mother was struggling with her kids in the back seat of her over-sized SUV and rear-ended the vehicle in front of her as a direct result of the distraction. Do the kids then get impounded?