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# America’s fascination with the law must cover the larger issues
- URL: https://www.smdp.com/americas-fascination-with-the-law-must-cover-the-larger-issues-2/
- Published: 2006-09-19T15:00:00.000Z
- Updated: 2026-10-25T01:01:40.000Z
- Author: David Pisarra
- Tags: Opinion, Santa Monica, #archive-import

*WHAT’S THE POINT?*

America is a country founded on the rule of law. We are run by a document that is shocking in its brevity — the U.S. Constitution is a model of legislative terseness, yet we as a country have gone on to create laws that rule and regulate almost all aspects of our lives.

Our state government has historically encroached upon our lives in our bedrooms, our offices, our homes, our public parks and now, our cars. In a culture that is so fascinated with both the car and the law, it is understandable that there are many laws that regulate our behavior while behind the wheel. From not drinking and driving, to the quality of the exhaust, and now, to how we speak to others while driving — have all been subjects of legislation.

The legislature has followed the lead of the European leaders and is outlawing the use of the cell phone while driving, unless you have a headset or a speakerphone installed. This is one of the best pieces of new legislation that has been put forth.

This law is an important step forward in the fight against untimely highway deaths. Now if they can only do something about forcing people who insist on having those megamobiles like Hummers or Expeditions to take a driving class. I don’t understand why it is that we do not have different levels of driving school requirements for the different size of vehicles that people drive.

I can already hear the screams from people: “A car is a car,” or, “If you can drive a Camry you can drive a Hummer.” That is simply not the case. Anyone who has ever driven a Toyota MR2 and a Chevy Suburban can tell you that there is a world of difference between the two in terms of turning radius, acceleration, stopping distance, parallel parking and overall handling.

It makes no sense to me that we require people to have completed a motorcycle training class in order to use a motorcycle, but we don’t require someone to learn how to drive something that is as big as the short school bus. But because the governor drives one, we assume that all people can handle the complex requirements of a megamobile.

It always seems to me that the government over-regulates the easy stuff like when to sleep in the park, and completely ignores the difficult questions, such as making people learn the facts of life at an early age or how to properly drive a four-ton vehicle. When it comes right down to it, the fact that the state legislature, or our own City Council for that matter, has taken up time to regulate some petty issue, like required letter height for allowable street signage, and ignores an important issue like how to lower the risk of driving, just exemplifies why the public holds elected officials in such low regard.

We see them wasting their time on petty issues, or as one esteemed member of our City Council, being contrarian solely because he dislikes unanimous decisions, and it makes the thinking public wonder why they elected these folks. It is rare indeed when one can look to our elected government officials and with a chest bursting with pride, say, “Yes, these people do a good job.”

I believe that most elected officials go into office with the hope of doing great things. It is said that every senator sees a president in the mirror, and that is likely true. But also true is that they get caught up in the nets of bureaucracy and the morass of political favor swapping.

The constant battle of politicians to find funding, whether it be for their pet projects or for a vitally necessary service, is one of the main elements that leads to political log rolling. The log rolling in turn leads to requirements for party solidarity, and that unfortunately can lead to a political logjam in Sacramento or City Hall.

When politicians from both sides of the aisle can get together and stand behind some piece of legislation, it is a rare day. Politicians are pulled by their constituents, by their party leaders, by industry lobbyists and by their own conscience. Trying to manage these divergent points of view would most certainly be challenging at a minimum.

In my experiences as a lawyer, there are few opportunities when one can act with absolute certainty. Life is filled with far too many variables, the world has more possibilities than we can imagine and for those whose job it is to see the big picture, it must at times be overwhelming.

Perhaps this is why the easier questions are answered, the simple solutions are pushed through and the hard questions are left for next year’s legislature.

I’m actually glad to see the legislature has enacted a law that requires drivers to use a headset when speaking on a mobile phone. I would like to see a legislature that revises the vehicle code and requires drivers of very large vehicles — those heavier than three tons — to take additional driving classes.

It is really just a matter of safety. The fact of the matter is a Hummer does not behave like the Toyota MR2, and drivers need to be made aware of the differences before they get behind the wheel and drive like maniacs, thinking they own the road, and that their Hummer/Expedition/Suburbank will stop on a dime and handle like a sports car. (David Pisarra is a partner in the Santa Monica law firm of Pisarra & Grist. He (310) 664-9969 or by e-mail at)

*Originally published in the Santa Monica Daily Press print edition on September 19, 2006.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/091906.pdf?ref=smdp.com)