DWT Rally on north Statehouse lawn. Bexley Police Chief Rinehart to speak.

Activist Sharon Montgomery writes:

HB 99 was assigned to a Senate committee today--Highways & Transportation, as we expected. Chairman Patton has already expressed his belief that this kind of law is unenforceable. Luckily, we now have the results of the pilot targeted enforcement projects in NY & NJ, showing--guess what--that the same model of public awareness and high visibility enforcement that works for seat belts etc. works for this!

The "Don't Text and Drive" Rally is scheduled by state Representative Rex Damschroder, the AAA Ohio Auto Club and Columbus City Council member Michelle Mills. The rally will be held Thursday September 22, at noon on the north lawn of the Ohio Statehouse (arrival time 11:00 a.m.).

Appearing as a rally speaker is Bexley Police Chief Larry Rinehart.

The rally has been moved from the south lawn to the north lawn (the Broad St. side). As of Tuesday, neither chamber was scheduled to be in session--just committee hearings. That should make more parking available in the underground garage but of course we hope for a really big turnout for the rally so it wouldn't hurt to plan to arrive downtown a little early in case you need to park farther away & walk back.

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Bexley Public Radio Foundation broadcasting as
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Columbus, OH 43209
Voice (614) 235 2929
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Design and photograph is copyright 2011. All rights reserved. Bexley Public Radio Foundation. Text is copyright 2011. All rights reserved. Sharon Montgomery.

Sharon Montgomery Reports On DWT

Sharon Montgomery writes:

No news at the statehouse: HB 99 is still below the line on the House calendar, in the list of bills recommended by their committees but not scheduled for a vote. SB 35 & SB154 have not been scheduled for hearings.


Today is the beginning of the National Safety Council's Safety Month. The theme for the week of June 26 is "On the Road, Off the Phone." This would be a good time for us to write letters to the editor of our papers and address our city councils alerting the public to this safety week and the reason for it, and maybe urging our local governments to conduct or step up education and enforcement actions, like the recently-concluded "Click it or Ticket" campaign.


Even the cities without specific texting laws are likely to have some sort of generic "inattention" law that could be made more effective with more education and enforcement. You can get some good talking points for the need for this focus at www.nsc.org/Pages/JuneisNationalSafetyMonth.aspx and of course can also use the reasons you personally are involved in this advocacy.


Council members and law enforcement personnel on this list: I hope we can count on you to try to make something happen in your city. Thanks.


I said in my last message I would share some other news when I got one other piece of information about it. I have that information now. Two court cases on DWT were pending at the time in which the prosecutor was trying to go beyond vehicular manslaughter to vehicular homicide. In one of them, news reports said the defense lawyer was apparently trying to discount the texting issue by saying the offender hadn't been texting at the actual moment of the crash. I sent that prosecutor the summaries of two studies showing that the distraction lasts after the "phone call" has ended. The mother of the victim in the other case asked me to send that research to their prosecutor, which I did.


That other case has now concluded and sadly--as I understand it--the prosecutor did not feel the judge would be influenced by that research so did not use it. To my knowledge, the first case I referred to above has not yet gone to trial.


I am deeply disturbed that we have missed a chance to make this point within the legal system. Judges, prosecutors, defense attorneys, and drivers desperately need to know of this residual distraction. If we are limited to appropriate charges & penalties for only those crashes where the offender was actually in the act of texting (e-mailing, phoning, etc.) at the moment of impact, far too many offenders will not be held sufficiently accountable for the harm they cause, *and* the deterring benefit of stiff penalties will be lost.

To end on a good note: I attended a day-long seminar for records managers recently. The topic was records management implications of electronic communications. One of the two speakers, who is a nationally-recognized expert and leader in this subject, said this subject cannot be separated from the use of mobile communication devices. One of her "best practices" topics is effective employer policies for acceptable employee use of e-communication tools. She devoted a fair amount of time to the dangers of using MCDs while driving and the need not only for employer policies against it but laws against it! She is in much demand as a speaker nation-wide and also is often hired as an expert witness in lawsuits involving employer liability. So, the word is getting spread in this way, also. And, we have another area of expertise to add to our list when we tell legislators of all the supporters of laws against this behavior. Needless to say, I spoke to her at the break, briefly gave her my background, and thanked her profusely.

Sharon Montgomery.

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Bexley Public Radio Foundation broadcasting as
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Columbus, OH 43209
Voice (614) 235 2929
Fax (614) 235 3008
Email wcrxlp@yahoo.com
Blog http://agentofcurrency.blogspot.com

Design is copyright 2011. All rights reserved. Bexley Public Radio Foundation. Text is copyright 2011. All rights reserved. Sharon Montgomery.

Sharon Montgomery Reports: DWT Presentation to Gahanna City Council, September 7, 2010.

Gahanna city council and the city administration spent months discussing how to improve traffic safety in Gahanna, so I'm confident you all read the article in the Sunday Dispatch about the Centers for Disease Control report.

The Centers for Disease Control has again calculated the economic costs of traffic crashes and again found them to be both staggering and reduceable. This agency hopes the alarming costs will motivate state and local governments to take more legislative action, where motivation hasn't come from concern over the devastating impact on citizens' lives.

The CDC claims it wants the costs reduced by reducing the number of traffic crashes but some of its recommendations will not do that. Wearing seat belts in cars or helmets on motorcycles will certainly reduce injuries and deaths when crashes occur. Fewer deaths and less severe injuries are certainly goals we as a society must strive for. But, if we want to reduce the costs even further, we must do more to prevent those crashes from occurring in the first place.

Other CDC recommendations include red light cameras, drunk driving checkpoints, and graduated driver licensing, all of which actually will prevent crashes.

The reason I am here tonight to talk publicly about this new report is the fact that the CDC did not recommend laws to restrict drivers from using mobile communication devices while driving.

The CDC based this omission on a recent study by the Insurance Institute for Highway Safety which supposedly shows that these phoning or texting bans are not reducing the number of crashes. The simple and obvious explanation for this conclusion is that no state or city has prohibited all use of these devices. A growing number of states and cities are prohibiting some of the ways the devices can be used by drivers. Some, like Gahanna, have comprehensive laws about giving full attention to driving. But, let me repeat: no one has yet said drivers cannot use these devices at all because of the high risk of serious consequences.

What has not been studied and is undoubtedly happening is that too many drivers where these partial bans are in effect are simply using the devices in ways not yet prohibited. If they can't text, they'll talk. If they can't talk on a hand-held device, they'll talk on a hands-free device. There is overwhelming scientific and anecdotal evidence that it is the conversation, not the manipulation of the device, that engages the brain in a way and to an extent that full attention to driving is not occurring.

A legitimate question at this point is why are other safety organizations pushing for these laws if they're not reducing crashes. The answer is that the partial laws are a necessary first step in raising awareness and changing the culture of acceptance, so eventually we can enact the laws we need.

Please understand that I am not here tonight to reopen our difference of opinion on how Gahanna should address the distracted driving problem. The city has discussed and decided on a course of action and is making the residents aware of that decision. Over time, citation and crash statistics and court records will show whether the City's decision is having the desired effect.

I am here tonight to be sure that everyone with the authority and responsibility for traffic safety has all the information they need about this new CDC report. Thank you for your time.

Sharon Montgomery.

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Bexley Public Radio Foundation is exempt from federal taxes under IRC Section 501(c)(3). Donations are deductible from federal income taxes for individuals who itemize. Checks may identify the payee as Bexley Public Radio Foundation or WCRX-LP, 102.1 FM.

Bexley Public Radio Foundation broadcasting as
WCRX-LP, 102.1 FM, Local Power Radio
2700 E. Main St., Suite 208
Columbus, OH 43209
Voice (614) 235 2929
Fax (614) 235 3008
Email wcrxlp@yahoo.com
Blog http://agentofcurrency.blogspot.com

Design is copyright 2010. All rights reserved. Bexley Public Radio Foundation. Text is copyright 2010. All rights reserved. Sharon Montgomery.

An open letter sent to The Other Paper but never published there; from Sharon Montgomery.

I read The Other Paper May 6 cover story about the new Columbus law restricting texting while driving. There are so many statements in that article that need to be commented on that my response is too long for a letter to the editor. So, I respectfully request that you consider using it as a guest column or at the very least as a basis for a follow-up article by one of your writers. Thank you.

To the editor of The Other Paper:

Steph Greegor's May 6 article, "Officer, I swear I wasn't texting," was undoubtedly intended to give notice to the public that this new law is now in effect, and to present a comprehensive summary of related issues. Unfortunately, it undermines the value of this new law by presenting far more reasons why there should not be a law or why its effectiveness is questionable than the number of reasons for the law. This imbalance fuels the fire of opposition to this safety measure. Additionally, some of the information provided to Greegor is misleading.

Attorney Meeks' question about how far prosecutors will go encourages drivers to ignore the law with a degree of confidence that they can "beat the rap." He worries about the cost of the legal process to seize and search a phone. He conveniently omits the fact that proving drunk driving is expensive, time-consuming, and highly regulated, but justified by the benefits. He apparently forgets the concept of rebuttable presumption. A driver who is stopped for erratic driving and who then appears to be drunk is presumed to be drunk. He can rebut that presumption by allowing any of a variety of sobriety tests. The burden of proof is on the seemingly-drunk driver.

I have no training or experience in the law or in law enforcement but for nine years I have been educating myself on all the issues surrounding driving while phoning/texting (DWP/T). I know that Pennsylvania has written rebuttable presumption right into some of its pending bills on this traffic danger. I know that Ohio uses it in drunk driving. I know that Ohio uses it for proof of financial responsibility. If you are stopped for any reason and can't show a current insurance card or other proof, you are presumed to be uninsured and the burden is on you to provide proof to the police within a given time period. I don't see why legal experts can't find a way to apply rebuttable presumption to Ohio DWP/T laws. That eliminates the expense and delay of legal wrangling. The driver gets a ticket and either admits he was texting and pays the fine, or contests it and brings his own phone bill into court to show that he did not send a text message near the time of the traffic stop.

More disturbing than Meeks' statements, which are at least only based on opinion, are those of assistant city prosecutor and Columbus police legal advisor Jeff Furbee, which are based on facts. I realize people are sometimes misquoted in news stories. Reporters can misunderstand what was said or misinterpret their notes. If Mr. Furbee was misquoted, I would expect to read a correction by him or Greegor in the May 13 paper.

If Furbee was not misquoted, he was mistaken. He is reported to have said we don't ban behavior, we ban results. We most certainly do ban behavior separately from the results. Driving drunk, running a red light, exceeding the speed limit, and driving left of center are all banned driving behaviors, regardless of whether or not they cause a crash. There are many more examples.

Greegor cites a Washington state report on the low incidence of DWT-caused crashes Did Greegor or the report authors look into possible explanations for this seemingly surprising finding? We know from Bexley and Cleveland, and from Columbus Police Chief Distelzweig's instructions to his officers, that enforcement is not always as strong or consistent as it should be. If enforcement is weak or inconsistent in Washington, then not all DWT crashes are being counted. If texting as a crash cause is not a specific check-off item on the crash report form, then it is likely that not all DWT crashes are being counted.

Greegor is correct that the Ohio Highway Patrol does not collect statistics on specific distractions that cause crashes. No law enforcement jurisdictions in Ohio that use the uniform crash report form are routinely collecting those statistics. For years, I have been urging the state Dept. of Public Safety to add specific distraction items to that form. The current review is giving serious consideration to just such a revision.

Greegor cites the recent study by the Highway Loss Data Institute which looked at insurance claims for crashes in states with laws against DWP with hand-held phones. Researchers were surprised that there was not a noticeable reduction in crash claims. The only surprise here is that researchers couldn't figure out the obvious reason. When any use of mobile communication devices is still allowed, then too many drivers who use them will simply switch from the prohibited use to the allowable use. As long as we continue to allow drivers to distract themselves so dangerously with this unnecessary behavior, many will continue to do so and some of them will crash.

One of the factors now preventing some DWP/T crashes is the fact that there are still alert drivers on the road. Their defensive driving skills prevent erratic driving and near-misses from becoming actual crashes. The longer this is legal, there will be more drivers doing it, further reducing the number of alert drivers who can take immediate evasive action and prevent the imminent crash.

Chief Distelzweig's comment about search warrants for serious crashes being used in lawsuits is very distressing. A crash victim should never be revictimized by the criminal justice system by being made to endure the grueling, dysfunctional, expensive (legal expenses are not recoverable) tort process as his only means of justice or even reimbursement. Lawsuits for traffic crashes are pretty much an exercise in futility anyway. No one is legally liable for the victim's losses. The offender can file bankruptcy if the civil court says he owes his victim more than he can afford, even though the losses are also more than the victim can afford. Federal bankruptcy law allows all traffic offenders except drunk drivers this escape from responsibility. The insurance company is required by law to pay only to the limits of the policy, which will usually be less than the staggering costs of a serious crash. Restitution is ordered only as part of some sentences. Sentences are given only in trials. Most traffic offenses are misdemeanors (yes, even killing with a car) that don't require a criminal court appearance. And, there are known cases of restitution orders not being enforced.

Furthermore, Chief Distelzweig's comment shows he is completely overlooking the goal of prevention. Bad driving should be stopped before it results in a crash; before there is a victim who is forced into the position of having to sue just in case he might recover some of his enormous losses.

Steph Greegor is to be commended for writing such a comprehensive article. However, some of the information included is misleading and the overall tone of the article is that this new law is "much ado about nothing" and cannot or will not be made to be effective. This is a serious setback to the growing effort to reduce this major and preventable traffic safety hazard.

Sharon Montgomery
DWP victim; traffic safety/victims' rights advocate

Three more texting bans. Sharon Montgomery's reports on Bexley Public Radio.

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Columbus City Council passed their primary offense ordinance Monday April 5: 6 yes, 1 absent. The Columbus suburb of New Albany passed theirs Tuesday evening April 6: 4 yes, 3 absent.

The New Albany sponsor listened to me with an open mind last month when I gave three reasons why their secondary offense needed to be a primary offense. One of the reasons was for getting it on the citation and crash report form so we can start counting violations and crashes, like we do with DUI. The sponsor changed it to a primary offense.

The Cleveland suburb of South Euclid's secondary offense (drivers can't talk on a hand-held phone, text, or use a computer) law went into effect Thursday April 1. The ordinance was sponsored by David Miller, South Euclid council president.

Some Central Ohio Trauma System members and I spoke again at Columbus. COTS apparently has been working behind the scenes with the City of Columbus. I'm hoping they're willing to coordinate efforts at the state level and with the growing interest in some of the high schools to get involved. I see a great place for them in education campaigns.

State Representative Nancy Garland (one of the two primary sponsors of HB 415 that passed the House 86-12 last Wednesday March 31 and the sponsor who has vigorously promoted the bill) attended the Columbus city council meeting, also.

I spoke again at New Albany and Rep. Garland also spoke.

Neither the Columbus nor New Albany ordinance provides a grace period for warnings. Each ordinance takes effect in about a month.

Rep. Garland is, predictably, handling this very skillfully. Obviously part of promoting her bill is being positive so she's not as free as I am to say some senators oppose this so strongly it's not likely HB 415 or SB 164 will get through the Senate. What Garland is saying is we don't know yet what the Senate will do with either bill so she advises local governments to do what they feel they need to do to make their communities safe.

Representative Garland and AAA will be strategizing soon. I told her Tuesday April 6 that some of the supporters I correspond with are just waiting for the word to start applying some pressure on the Senate committee.

I'm mostly overjoyed and relieved by these new laws, but I'm a little nervous about Columbus. The Columbus safety department seemed to be strongly behind this legislation: The safety director, assistant safety director, and the fire department have been vocal supporters; but today's newspaper story reported Police Chief Distelzweig saying things like "officers will use discretion" and, "It boils down to priorities." I hope those comments don't mean what they sound like. We'll see.

The snowball effect is already starting. Gahanna city council office got an e-mail today from a resident who hopes Gahanna will join Columbus. Gahanna high school students are ready to get involved. After I've talked more with them tomorrow and April 14, I'll report what they want to do. I don't want to jump the gun and report wrong or steal their thunder.

The General Assembly schedule online says sessions resume next week. Today's Senate Journal says the next session is Thursday. I think that session will not be a voting session and I don't think they'll do any committee assignments until next week. As soon as HB 415 gets assigned to a Senate committee, I'll let supporters know, and give them contact information for the chair.

Sharon


Bexley Public Radio Foundation broadcasting as
WCRX-LP, 102.1 FM, Local Power Radio
2700 E. Main St., Suite 208
Columbus, OH 43209
Voice (614) 235 2929
Fax (614) 235 3008
Email wcrxlp@yahoo.com
Blog http://agentofcurrency.blogspot.com

Bexley Public Radio Foundation is exempt from federal taxes under IRC Section 501(c)(3). Donations are deductible from federal income taxes for individuals who itemize. Checks may identify the payee as Bexley Public Radio Foundation or WCRX-LP, 102.1 FM.

Design is copyright 2010. All rights reserved. Bexley Public Radio Foundation. Text is copyright 2010. All rights reserved. Sharon Montgomery.

QUICK update. HB 415 vote scheduled for Tuesday March 16 at Ohio House of Representatives. Sharon Montgomery reports for Bexley Public Radio.

Montgomery discusses proposed Ohio legislation with WCRX-LP, 102.1 FM at Bexley lunch spot.



I just found out that at the Thursday policy committee meeting of the Mid-Ohio Regional Planning Commission a resolution was discussed that will ask the state government to enact legislation prohibiting DWT and restricting DWP. Previously, the MORPC transportation director testified in support of HB 415.

I'm eagerly waiting to find out if the MORPC policy committee also voted on the resolution and whether it has been adopted.

Thank you, MORPC!

I don't want to wait to make this report until I find that out though, because I want you all to have as much notice as possible, that I also just found out that HB 415 will be voted on by the Ohio House of Representatives in their Tuesday March 16 session beginning at 1:30 p.m.

For those of you planning to attend the vote, I suggest you give yourself a little more time to find parking than you do for the 3 p.m. hearings. Mid-day, the Statehouse underground garage is likely to be full and we'll have to park farther away so plan to have time to walk to the Statehouse.

We will have no participation in the HOuse vote, of course. I just want to be up there in the House gallery to hear any discussion that might take place and be an eye-witness to the vote),

Sharon Montgomery

Bexley Public Radio Foundation broadcasting as
WCRX-LP, 102.1 FM, Local Power Radio
2700 E. Main St., Suite 208
Columbus, OH 43209
Voice (614) 235 2929
Fax (614) 235 3008
Email wcrxlp@yahoo.com
Blog http://agentofcurrency.blogspot.com

Bexley Public Radio Foundation is exempt from federal taxes under IRC Section 501(c)(3). Donations are deductible from federal income taxes for individuals who itemize. Checks may identify the payee as Bexley Public Radio Foundation or WCRX-LP, 102.1 FM.

Design is copyright 2010. All rights reserved. Bexley Public Radio Foundation. Text is copyright 2010. All rights reserved. Sharon Montgomery.

Ban on "driving while texting:" Ohio General Assembly update by Sharon Montgomery.

Sharon Montgomery writes:

After some of us got the heads-up message from an aide to Sen. Shirley A. Smith's (Sen. Dist. 21) that SB 164 might have proponent testimony at 3:30 Wednesday January 13, 2010, I got the official hearing notice from the Ohio Senate highway and transportation committee: SB 164 will be heard at 11:30 a.m, Wednesday January 13, 2010.

The hearing will be held in Senate south hearing room at the Statehouse.




SB 164 makes Driving While Texting (DWT) a primary offense for all drivers though with the usual exceptions for safety personnel or getting emergency help. The fine is $200 first offense, $500 for repeat offenses plus 100 hrs. community service for third and later offenses. In Sen. Smith's original text for this bill, DWT was a secondary offense.

Objections raised by committee members at sponsor testimony were in the usual categories "it's my business" and "police have more important things to do."

Questions were in the usual "how do police know driver is texting?" and" where do we draw the line with DWD?" categories.

Nit-picking comments went into worries that camera enforcement would spread to this.

There are nine committee members. You need to bring copies of testimony for each member plus spares for press & audience to pick up.

If you can't come but want to put in your two cents' worth, please contact chair Sen. Tom Patton (Sen. Dist. 24) at SD24@senate.state.oh.us or 614-466-8056.

If you want to attend the committee hearing, I recommend arriving downtown Columbus no later than 11:00 a.m. You might have to park farther away than the Statehouse underground garage and walk back. If you let me know that you are coming, I will pass the information on to Sen. Smith's office.

Great news!! I now have law enforcement on board. The Summit County sheriff will come or send someone. Also an officer with the Franklin County sheriff's department will come, subject to the approval of his supervisor.

Representative Nancy Garland (House Dist. 20) has no update on whether the House leadership has decided which of the various House DWT bills will be voted on. Representative Garland is one of two sponsors of HB 270 to make DWT a primary offense. I have not heard anything from the office of House committee chair Linda S. Bolon's (House Dist. 1) on which House bill will go forward. That probably means the House committee won't be ready for a next hearing before January 26.

Sharon Montgomery

Bexley Public Radio Foundation broadcasting as
WCRX-LP, 102.1 FM, Local Power Radio
2700 E. Main St., Suite 208
Columbus, OH 43209
Voice (614) 235 2929
Fax (614) 235 3008
Email wcrxlp@yahoo.com
Blog http://agentofcurrency.blogspot.com

Bexley Public Radio Foundation is exempt from federal taxes under IRC Section 501(c)(3). Donations are deductible from federal income taxes for individuals who itemize. Checks may identify the payee as Bexley Public Radio Foundation or WCRX-LP, 102.1 FM.

Design is copyright 2010. All rights reserved. Bexley Public Radio Foundation. Text is copyright 2010. All rights reserved. Sharon Montgomery.

Sharon Montgomery reports: Hang Up On Texting While Driving.

Sharon Montgomery provides the following updated information on Ohio ordinances and laws prohibiting text messaging while driving.

Sharon Montgomery is a citizen-advocate who is working with state and local government to increase traffic safety by banning distracted driving.

Among many venues, she has made her case for safer driving conditions on Bexley Public Radio and the station’s blog at agentfcurrency.blogspot.com.



Toledo city council has a draft Driving While Texting (“DWT”) ordinance. Montgomery made her presentation to the committee last Monday. The committee is revising the proposal and will provide Montgomery the revised text for comment.

Montgomery also reports that the Summit County Commissioners are also considering enacting a DWT regulation this month.

Gahanna city council will have its first discussion of a DWT prohibition at committee of the whole meeting this Tuesday night. Montgomery plans to attend the committee meeting. Mayor Becky Stinchcomb was featured in a story on the front page of Gahanna News encouraging citizens to take a week and pay attention to driving safety.

Mid-Ohio Regional Planning Commission (“MORPC”) is holding off on a resolution of support for a state law DWT ban until they know what form that proposed law will take. In addition MORPC is considering support for an internal policy that limits use of communication devices while driving.

The AAA safety week program this year was called “Heads Up Driving Week” and ran from October 5 to11.

One of Ohio’s proposed ban on DWT is Senate Bill 164. Sponsor testimony in support of this bill is scheduled for 10:15 a.m. on Wednesday October 14 in the south hearing room at the Statehouse in downtown Columbus. Montgomery said that she will attend that hearing.

Action on a DWT ban in the Ohio House of Representative public safety committee has been stalled because there was no committee chairman. There are five different proposals for a ban in the House. Representative Linda Bolon is the new chair and plans to hold weekly hearings beginning October 22 until the committee’s backlog is reviewed. Thereafter, the committee will meet every other week.