Columbus Dispatch...
Senate passes bill to ban driver texts
Measure also bars young drivers from using any hand-held device  
May 4, 2012 

Ohio is another step closer to becoming the 38th state to ban texting while driving and the first to prevent its youngest drivers from talking or typing on any hand-held electronic device. 

Despite lingering questions over enforcement, the Senate today voted 25-8 to approve the bill. It says drivers younger than 18 cannot use any hand-held electronic device — such as cellphones, tablets and GPS direction-finders — and makes it a primary offense.

It also bans texting for all other drivers, although that would be a secondary offense, meaning an officer first would have to cite the driver for another violation. 

The House-passed version of the bill made texting a primary offense, but Senate Republicans would not pass it unless it was weakened. 

“A primary offense would make it much more enforceable,” said Jay McDonald, president of the Fraternal Order of Police of Ohio. Under the bill now, “it’s an after-the-fact kind of enforcement. It would force law enforcement to seek search warrants in cases of bad crashes to see if they were texting. For a minor misdemeanor, that’s a lot of extra hoops.” 

The eight senators who voted against the bill were split evenly between Democrats and Republicans. Franklin County’s three senators voted for it. 

Supporters said it could save lives. Opponents cited concerns including an encroachment on personal freedom, too many exemptions and the potential for “stacking” of offenses with local texting bans. 

Some youths question why the bill targets them more than other drivers. 

“I don’t like that it’s 16- and 17-year-olds,” said Jeremy Boyd, a 17-year-old junior at Metro Early College High School. “When I’m driving, I see adults on the phone more than me. The law should be general.” 

Boyd said he doesn’t text while driving now, only using the GPS on his phone when at a stoplight. He and his friends said the focus on young drivers might be misdirected. 

“A lot of kids are actually more cautious with texting because we know we’re new drivers,” said Ruthy Schumacher, 17, also a junior at Metro High. “People who’ve been driving longer think they can do anything.” 

Eleven states ban cellphones for minors while driving, but Sen. Tom Patton, R-Strongsville, said that with the emergence of electronic tablets, that doesn’t go far enough. For drivers younger than 18, a first offense would be a $150 fine and a 60-day license suspension. It grows to a $300 fine and one-year suspension for repeat violations. 

Lt. Anne Ralston, spokeswoman for the Ohio Highway Patrol, said stopping texting while driving presents enforcement challenges, but it could lead to fewer injuries and deaths. She said 161 people age 16-20 died in Ohio crashes last year. 

“It’s a positive step,” she said. “Most people want to do the right thing. They want to be law-abiding citizens.” 

Cleveland City Councilman Zachary Reed, who proposed the texting ban that the city enacted in 2009, told the Senate committee that the city issued only about 40 texting tickets per year in the first two years. But in talking to a number of people, he said, it made them think twice before texting. 

Some students say the law’s premise is a good one. 

Amelia Roche, 17, a Metro High junior, said she doesn’t text while driving but does use her iPod. “I’d be sad if I couldn’t (use electronics), but I think it’s a good law. There are a lot of accidents when people are texting and driving.” 

Kylie Diemer, a junior at Upper Arlington High School, did a school project last year that explored the dangers of texting while driving. Her conclusion: hands-free Bluetooth devices are OK, but nothing else. 

“I really only text at a stoplight if it’s my mom or dad, or something important,” Diemer said. “I don’t want to risk my life or the other people in the car.” 

Bill co-sponsors, Reps. Nancy Garland, D-New Albany, and Rex Damschroder, R-Fremont, like the electronic-device ban for minors but would rather texting be a primary offense. Still, they called it a step forward. 

“Something is better than nothing,” Garland said, noting that if local laws make texting while driving a primary offense, those remain in force. 

“If you can’t tell a 16-year-old that driving and texting is illegal, they’re all going to try it,” Damschroder said. 

The bill would allow teen drivers to use voice-activated navigation devices, as long as they’r e not hand-held. 

“If we make it illegal, does that mean people won’t do it? Maybe not,” Damschroder said. “But if we make it illegal, there is going to be a significant portion of the population that’s going to say, ‘Maybe I shouldn’t do this.’” 

Sen. Capri S. Cafaro, D-Hubbard, opposed the bill, noting yesterday that adults still could use their phones for navigation, Web browsing and games. “What’s next? We can’t put on lipstick? We can’t eat french fries?” 

Sen. Nina Turner, D-Cleveland, said she was concerned that it could add to racial profiling. Sen. Bill Seitz, R-Cincinnati, said yesterday the bill “does a fine job of doing nothing.” 

A handful of supporters testified yesterday, including Sharon Montgomery of Bexley, whose husband was killed in a crash nearly12 years ago involving a driver using a cellphone. Philip Ludwig of Pickerington said his 16-year-old son, Dalton, was killed in July 2010 by a driver who was texting. 

“I have every confidence our law-enforcement professionals will do all they can to enforce it, but I believe our current focus should be in preventing the behavior, and that is what I believe this law brings,” Ludwig said. 

Law or not, some students aren’t likely to stop texting. 

“I’d probably still do it,” said Nate Smallwood, 18, a senior at Upper Arlington High School. “But it would deter some people, so it would probably be for the best.” 

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