Yesterday, Oakland County Prosecutor Jessica Cooper addressed the students of Clifford Smart Middle School in Commerce Township about the dangers of social media and potential criminal liability for conduct involving the transmission of naked images through the Internet.  The presentation was part of the ongoing Educating Our Youth initiative at the prosecutor's office.

The prosecutor warned the students that nothing is ever deleted once posted to the Internet via social media.  She also advised that the hard drive of a computer can be seized by law enforcement and explained the trove of information that resides on such devices.

The wide-ranging talk covered sexting, how to exercise proper caution when online, and the recent case in Brandon where a student hacked into an after-school app to post violent threats that included references to the Colombine massacre.  Often, coming of age in the post-modern world now involves facing certain digital realities.

With a compelling digital backdrop for her presentation, the primary thrust of Jessica Cooper's address to the middle school students was the dangers of sexting one another.  She warned students of the serious felonies of: possession, distribution and solicitation of child sexually explicit materials and the steep penalties those convicted could face.  She cautioned students that deleting such images does not make the problem go away.

Recently, Cooper's office has exercised its prosecutorial discretion to bring charges against a large group of middle school and high school students in Rochester Hills.  The students were sending nude images of themselves to one another through their cell phones.

No one wants to witness the witch-hunt that could result from mass prosecutions of teenagers; that was not the point of Cooper's message.  Rather, the digital youth culture needs to scale back some of its reckless nubile abandon in our digital age.

We here at the Law Blogger applaud the prosecutor's efforts in the Educating Our Youth initiative.  With an overburdened schedule, Madame Prosecutor is finding the time to personally take her serious message to the youth who need to hear it the most.

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The other day, our law partner, Peter Keenan, who prosecutes ordinances for Independence and Brandon Townships, was discussing Michigan's Motor Vehicle Code with the judges of the 52/2nd District Court here in Clarkston.  A question came-up among the judges that they wanted ordinance-prosecutor Keenan to answer: is it illegal to drive barefoot?

This led Mr. Keenan to unearth the following "urban legends" of our Motor Vehicle Code:

• Barefoot Driving.  There is nothing in Michigan's driving laws that prohibits driving without footwear.  In fact, a good argument could be made that a driver has even better control of the vehicle while driving barefoot.  I know that, from time-to-time, I have the occasion to drive barefoot.  It does feel like I have better control in moving between the brake and the gas pedal.  

• Riding in a Trailer.  Again, nothing in the Motor Vehicle Code proscribes someone from riding in a trailer being towed by a vehicle, regardless of the type of hitch.  Nor is two-way communication required between driver and rider, which is also part of this urban legend.  One issue that could arise, however, is if a child is in the trailer, a child seat would be required.

• Driving with Headphones.  The Motor Vehicle Code does not specifically prohibit the use of headphones or earbuds; even Dr. Dre's "Beats".  However, to the extent that it interferes with the driver's ability to process available auditory clues of certain situations, it could lead to a citation for careless, or even reckless driving, depending on the circumstances.

• "Suicide Knobs".  You know, those goofy attachments to your steering wheel, that supposedly help individuals with certain handicaps steer the vehicle.  When used at high speeds, these devices promote "drifting".  Nevertheless, they are not illegal.  In some instances, however, if the vehicle is used in construction or for hauling material, it may be an OSHA violation.

So some of the things that many folks believe are prohibited by law are, in fact, not covered by the specific provisions of the Motor Vehicle Code.  It bears keeping in mind, however, that in the case of a collision, the police investigators will always assess the circumstances [i.e. barefoot, earbuds, trailer] to make a base-line determination about whether the driver was in sufficient control of the vehicle.  

If not, then the driver can expect a ticket for careless driving, reckless driving, or other applicable code infractions.  So be sure to drive carefully out there...

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