by Mike Masnick
Mon, Aug 24th 2009 12:28pm
Six years ago, we noted in passing that a court ruling found that driving while having sex is perfectly legal in Germany (separately, it's apparently a popular practice in Russia). Part of the point was in discussing the troubling trend to try to pick off each and every "distraction" to outlaw -- and it seems like a judge in Germany is wondering the same thing. The judge, issuing a fine for a driver talking on his cell phone, started questioning whether it was legal at all to fine drivers for talking, noting how many other driver distractions were perfectly legal -- including sex, masturbation, shaving, changing the radio station and others. The judge isn't necessarily saying it's good to do those things (in fact, he notes the opposite), but he's questioning the constitutionality of banning just one of many distractions, and has apparently sent the issue to Germany Constitutional Court to examine the issue.
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