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STRONG MESSAGE



Published: Tue, August 28, 2012 @ 12:10 a.m.

OHIO TEXTING-WHILE-DRIVING BAN BEGINS FRIDAY

photo

Tina Yanssens holds a picture of her father, Dave Muslovski, who was 55 when he was killed by a driver who was texting. Yanssens and her family lobbied for a texting-while-driving ban in Ohio. One targeting young drivers takes effect Friday.

By Jeanne Starmack

starmack@vindy.com

Youngstown

Texting while driving becomes a crime in Ohio starting Friday, when House Bill 99 takes effect.

For Tina Yanssens, the new law is the end of one road but the beginning of another. Her father died when a texting driver ran him over during a walk near his Springfield Township home the morning of June 17, 2010.

Yanssens calls the law a good start but says she’ll lobby for a stronger one.

Others also are saying the law, which targets young drivers the most, will evolve.

The Aug. 7 sentencing of Whitney Yaeger, 22, of Springfield Township for the death of Yanssens’ father, Dave Muslovski, 55, was some closure for Muslovski’s family, which had pressed tirelessly to have Yaeger punished to the maximum.

More closure came when Yanssens and her mother, Denise Muslovski, watched while Gov. John Kasich signed House Bill 99 into law June 1.

The new law is largely due to the efforts of Yanssens and other members of Muslovski’s family, said Mahoning County Prosecutor Paul Gains.

The pair lobbied for two years to make texting while driving a crime in Ohio, and it’s now the 39th state to enact a ban.

Starting Friday, there will be a six-month period when police will issue warnings. Then, texting while driving becomes a secondary offense for drivers 18 and older, meaning that they can be cited if they are stopped for another offense first.

Drivers under 17 are completely banned not only from texting, but also from using cellphones or other electronic handheld devices while driving. They can use a GPS as long as they don’t manipulate it while they are driving.

All drivers still will be able to use cellphones to call emergency services.

The law also requires the driver’s education classes to include instruction on the dangers of texting while driving, which will be a misdemeanor.

“Kasich said this is a good first step for Ohio, not the end of the road,” Yanssens said. “I like the fact [the law] focuses on young adults,” she added.

But she called the law a “mini-victory.”

“I’ll lobby for a stronger law by looking at statistics we gather through the existing law,” she said.

Gains said he believes the law will be enforceable.

“The best thing is, the evidence is going to be there,” he said, adding that phone companies have records of times texts were sent and received.

“Every case is going to be different,” he added, saying that if an officer asks right after an accident whether the driver was texting, the officer is more likely to get an admission.

“People will be upset after an accident,” he said, and more likely to give an “excited utterance.”

Gains said he is glad the law passed. “Ideally, people would turn the cellphones off. But that’s not going to happen,” he said.

Lt. Anne Ralston of the Ohio State Highway Patrol called the law “a step in the right direction.”

“The patrol is supportive of laws that make driving safer,” she said. “We’ve always encouraged drivers to limit distractions. It doesn’t take very much to accidentally drive left of center.”

Major companies such as Verizon Wireless and AT&T say they support laws that ban texting and emailing while driving.

“When behind the wheel, safe driving is your responsibility and should always be your first priority,” said Laura Merritt, manager of public relations for Verizon Wireless in Ohio, Pennsylvania and West Virginia. “We have been out in the forefront since 2000 in supporting laws to eliminate drivers’ distractions while using wireless devices.”

Verizon also supports state laws requiring hands-free devices while talking, it says in a statement on its website. AT&T is taking its distracted-driving simulator to Ohio schools this week to “demonstrate how impossible it is to text and drive safely.”

In Canfield, a texting-while-driving ban has been in effect since October 2010, said assistant police chief Scott Weamer.

He said there have been “five or less” citations.

“It’s not like speeding,” he said. “It’s not as easy to observe or detect, and we look for it coupled with erratic driving.”

He said Canfield’s ordinance is different from the state law in that it makes texting a primary offense for everyone.

An analysis of the state law by the Legislative Services Commission says the new law does not invalidate current municipal ordinances, such as Canfield’s.

As does Yanssens, Weamer predicts the state law will evolve into a stronger one.

“I think this is the first version,” he said. “They just want to get it on the books.”


Comments

1palmer16121(111 comments)posted 1 year, 7 months ago

It will take a lot of education to make sure this goes over well. I have to be realistic. If a person/teen wants to text while driving...they're going to hold that phone in their lap, putting themselves in most danger.

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2whitesabbath(738 comments)posted 1 year, 7 months ago

Going to be easy for law-enforcement to pull random vehicles over, "because they thought they seen a cell phone".

I dont believe in texting while driving, why didnt they lump everything into one law ?

Putting on make-up , reading a book , eating (lol).

Ohio is becomming a police state. Not much choice with the way the animals act around here.

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3lee(544 comments)posted 1 year, 7 months ago

Just what we need another unenforceable law. This is already covered by "distracted driving"

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4metroman(38 comments)posted 1 year, 7 months ago

First of all I offer my condolences to the family that lost their loved one in this senseless tragic death. The following is meant as a message to Lovers of Freedom and Country. It is not meant to trivialize the families loss.

Welcome to Aldous Huxley "The Brave New World" or Orwell's 1984; take your choice. They prohibit 16oz coke's in NYC what's next? I think they should close all the drive-up windows at the fast food places and make people eat inside. Make the radio so you cannot change stations when your car is moving. Forget the screen in all cars and on and on and on............. They do have the technology to know if you are in your car using any type device and have the ability to turn your phone on or off without you knowing.

Wasn't it BHO who said in a campaign speech on national security; " we got to have a civilian National Security Force just as powerful, just as strong, just as well funded" (as the Military). What do you think he met by that?

Ben Franklin was said to say; "He who sacrifices freedom for security deserves neither." Have a nice day in the land of the former Free and home of the brave??????

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5JoeFromHubbard(875 comments)posted 1 year, 7 months ago

This is supposed to be a "secondary offense" meaning that one must have been stopped for something other than texting before the law can be applied. It should be a primary one.

It has been my observation during 50 some years of driving that too many drivers are simply "situationally" challenged. For example, they will cruze indefinitely in the left lane or travel in it below the posted speed limit in no passing zones, all of the while not realizing what they are doing to the traffic pattern surrounding them. The list is lengthy.

That said, American drivers do not need additional distractions.

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6southsidedave(4709 comments)posted 1 year, 7 months ago

Texting while driving is for idiots...the State of Ohio needs to make this a primary offense to enforce the law properly

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7busyman(239 comments)posted 1 year, 7 months ago

All you rights activist! What about ones right to move from place to place without being in the sights of one of these distracted drivers who might take your life or the life of a family member? I wish people would quit quoting our founding fathers insight. I do not think they new about the future as fare as cell phones and texting. Their ideas were placed in a general context to insure freedom of the general public, not the idiot driving a killing machine while texting his/her latest thoughts of the day.

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8dawn421(264 comments)posted 1 year, 7 months ago

let me first say am all about my freedom and my rights. now let me relate to you what happened last thursday afternoon.. i was driving from hubbard after taking my son to work, i had both my grandsons in the back seat in seatbelts as per the law. i had an suv behind me that i observed going off the right side of the road repeatedly from the cvs in hubbard until the light at belmont and churchill rd in liberty. i got in the left turn lane and the driver went past me in the right lane to turn right onto belmont ave. i then saw her with her cell phone texting. i am guessing this is why for at least 4 miles she was off the road and not paying attenton, my 10 yr old grandson was terrfied watching this, had i not left my cell at home i would have called the police. this is why it needs to be a pull over offense!

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9Lifes2Short(3867 comments)posted 1 year, 7 months ago

There is NO TEXT worth getting killed over or killing someone. Period! Common sense! It shouldn't take a law to tell you not to text and drive! Just like drinking and driving, it's against the law, but until that person dies or kills someone you people that bit@#ch and moan about the government this and that, if you weren't so stupid and do it, you wouldn't need the laws! Common freaking Sense people.

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10dawn421(264 comments)posted 1 year, 7 months ago

@lifestoshort. couldnt have said it any better myself

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