CLEVELAND — Across Ohio, police will no longer need another reason to pull drivers over if they are seen texting while driving.

Senate Bill 288, which was signed into law in January, makes texting and driving a primary offense in the state, which means law enforcement can stop and issue citations to drivers solely for that offense.

Before, police in jurisdictions where texting was a secondary offense needed another reason to initiate a stop, such as speeding or blowing through a red light.

"Now with this new law, all we need is the officer observing it," said Sgt. Bridget Matt with Ohio State Highway Patrol. "That’s good enough for the citation and that will stand up in court."

When does the new law go into effect?

The law, which goes into effect on April 4, prohibits drivers from holding and looking at electronic wireless communications behind the wheel — that includes cell phones, watches or any other electronic device.

For the first six months, only warnings will be issued for the primary offense. After that grace period, the following penalties go into effect:

• First Violation: Up to $150 fine and two points on your license, unless a distracted driving safety course is completed.
• Second Violation (within two years): Up to $250 fine and three points on your license
• Third Violation (within two years): up to $500 fine, four points on your license and a 90-day driver's license suspension

Sgt. Bridget Matt with Ohio State Highway Patrol told our Scripps sister station News 5 that even in her patrol car, she still sees distracted drivers every single day.

News 5

"I’ve seen people texting with the phone up at their face, below in their lap with their face completely diverted from the roadway," she said. "The majority of people passing, you see a cell phone in their hand."

The new law comes after troopers reported 10,276 distracted driver crashes in 2022, with Cuyahoga County leading the state with nearly 1,000.

OSHP

"It used to be if you saw a car swerving outside of their lane of travel, you knew it was going to be a drunk driver," Sgt. Matt said. "Now, more often than not, it's someone on their cell phone. But it looks just like someone drunk driving or driving impaired."

Going forward, she said texting while driving will be one of the higher priorities for the department with the new law.

"We want people to be safe while driving," she added.

What will enforcement look like?

In addition to Ohio State Highway Patrol's increased emphasis on texting while driving, the new law has already been on the books for years, just at the local level in some communities.

Since 2014, Shaker Heights has banned texting while driving. Last year, 313 drivers were ticketed.

Brooklyn is believed to be the first place in the United States to ban using a cell phone while driving, after making it a law in 1999.

Their officers handed out 64 citations last year.

But then there are other places with the primary offense already on the books, like Avon, which only issued 10 texting citations last year.

"It can be difficult [to enforce]" Chief Dan Fischbach said. "The way the laws are written by the legislators, there are some acceptable reasons to have a phone in your hand and it is difficult for us to know exactly, at that given time, what you’re doing on your phone."

When the law went into effect in Beachwood in 2012, the department handed out hundreds of citations and warnings each year. However, since then, officers have only handed out a total of five texting citations over the last couple of years.

As Deputy Chief John Resek points out, there are a couple of reasons for that.

Without a clear visual, he said it may be easier to cite a driver for a different ordinance, such as failing to maintain a safe distance between cars.

"It’s hard to accurately gauge it 100 percent," he said.

Are there any exceptions to the law? Yup.

Both Beachwood and Avon officers pointed out that exceptions to their laws can make it more difficult to enforce, and the same can be said about the new statewide law.

Drivers can use their handheld phone for emergency calls, while parked or stopped at a red light, swiping/pressing to accept or decline a call, or can just hold the phone to their ear.

Those at Bike Cleveland told News 5 that while the new law is a step in the right direction, the exceptions are a bit disheartening for bicyclists who have to maneuver and deal with distracted drivers.

"You’re still encouraging and allowing that distraction to happen piecemeal along the way without just straight calling it a ban," said Jason Kuhn with Bike Cleveland.

PIERCE TOWNSHIP, Ohio — A stretch of road in Pierce Township has reopened after crews pulled a car out of a creek, police said.

Cole Road had been closed between Merwin 10 Mile Road and Route 749 so tow trucks could remove the car.

Police, fire and Ohio State Highway Patrol units were at the scene of the crash along the 3200 block of Cole Road, according to a Facebook post from Pierce Township PD.

No one was injured.

WARREN COUNTY, Ohio —

It started as an attempt to pull a stolen SUV over the night of Oct. 16, 2020, and almost immediately it turned into a pursuit from Butler into Warren County.

The pursuit went from streets of Franklin, Ohio, where the car was originally stolen, to State Route 73, to State Route 741 and eventually down southbound I-75. The suspect, 23-year-old Chelsey Saylor, was weaving across lanes of traffic.

Sgt. Nathan Ward with Ohio Highway State Patrol joined the pursuit and attempted to deploy stop sticks. He had to jump out of the way of the vehicle, which nearly killed him.

“I was trying to anticipate which way the vehicle was going to swerve. I wasn't sure if she was going to hit the patrol car or not. Luckily, she missed. She swerved enough to the right that it missed me and the patrol car,” Ward said.

More troopers were joining in the chase and were waiting down the road including Sgt. Jeffrey Staples.

“I threw out stop sticks at that point and the vehicle's left side tires struck the stop sticks which deflated the tires on the vehicle and shortly after that the vehicle spun out,” Ward said.

The entire chase lasted around 15 minutes until the car finally spun out on the interstate in Butler County. Multiple troopers approached the car. Trooper Michael Shuler tailed the suspect the whole time and was the one to break the passenger side window to unlock the vehicle's doors.

“At first it was my belief it was an intentional act driving in such a way, but as the pursuit continued, when it ultimately came to an end, we realized it was drug induced,” Shuler said.

When Troopers got to Saylor, she was unresponsive. She was handcuffed and laid on the ground as troopers prepared to give her first aid and give her the overdose reversal drug, Narcan.

According to troopers, even though Saylor was unresponsive, patients who receive Narcan can become violent as the drug wakes them up, so she was handcuffed for the safety of troopers and herself.

Troopers say she did not have a pulse at first. After a couple of doses, a faint pulse was detected. More doses of Narcan were given and her pulse got stronger until after nine doses she regained consciousness.

“The swift actions and teamwork by these gentlemen saved the life of the suspect,” Wilmington District Commander Captain Marty Fellure said. “If they would not have reacted as quickly as they did, the outcome may not have been favorable for the suspect.

“She's alive today because of these guys here,” Ward said.

Along with Ward, Staples and Shuler, the Ohio State Highway Patrol recognized Trooper Tyler Ross, Trooper Axel Lewis and Trooper Jacob Kunka for their heroic actions that October night.

BATAVIA, Ohio — One woman has died after rear-ending a box truck on State Route 32 in Batavia Friday afternoon, according to the Ohio State Highway Patrol.

Police said 20-year-old Emily Partin, of Williamsburg, Ohio, was traveling westbound in a Kia Forte behind a box truck in a work zone. A preliminary investigation found that Partin's Forte struck the rear of the box truck, which was slowing for traffic.

Central Joint EMS transported her to University of Cincinnati Medical Center, where she was pronounced dead. The driver of the box truck was transported to Clermont Mercy Hospital with minor injuries.

OSHP said Partin was not wearing a seat belt at the time of the crash. Impairment is not a factor in the crash, police said.

OSHP's Batavia Post will continue their investigation.

A Middletown man was in in a three-vehicle crash Friday afternoon on Interstate 75 that also involved a Jeep and an Ohio State Highway Patrol cruiser.

The crash happened at approximately 4:55 p.m. while Trooper Ryan Lamarr, 39, was conducting a traffic stop on northbound I-75 at milepost 116 in Auglaize County and he was outside of his 2020 Dodge Charger cruiser — which had its overhead emergency lights activated — talking with the driver he had stopped, according to a release from the highway patrol.

Gerald D. Pestana, 53, of Middletown, was headed north in a 2000 Peterbilt commercial tractor-trailer in the left lane behind a 2014 Jeep SUV driven Rachel M. Ott, 24, of Beavercreek.

Pestana and Ott attempted to merge into the right lane and the truck struck the SUV. The impact forced their vehicles onto the shoulder and both struck the unoccupied cruiser. There were no injuries but all three vehicles had to be towed after the crash, the OSHP said.

Pestana was cited for assured clear distance ahead, according to the patrol.

The right lane of I-75 North was closed for about two hours as crews worked to clear the scene of the crash, which remains under investigation. There is no indication that alcohol or drugs was a factor, and the drivers were wearing their seat belts.

The patrol said it is urging motorists to pay attention, slow down and move over when they see emergency lights.

The Journal-News is a media partner of WCPO 9.

WILMINGTON, Ohio — A driver requested assistance from the Ohio State Highway Patrol Friday morning, saying another driver had shot his car during a fit of road rage, the agency said.

A news release Friday indicated the driver was headed south around 6:30 a.m. on Interstate 71 near Ohio 123 when the road rage incident began with another driver. The two continued south on the freeway for roughly 4 miles until a bullet hit the victim's front passenger door. The shooting suspect then fled the scene, according to OSHP investigators.

No one was hurt in the incident, the release said.

Troopers are seeking a white Scion xB with Kentucky plates and described the suspect as a white male with medium-length hair.

The highway patrol asked that anyone who has information about this incident call investigators at 513-932-4444.

MASON, Ohio — Kings Island closed 30 minutes early Saturday evening due to "unruly behavior and altercations" involving teenagers, park officials confirmed Sunday morning.

The Mason Police Department said officers responded to reports of "unruly guests primarily juveniles" inside the park and in the parking lot. No arrests were made Saturday, police said.

The Ohio State Highway Patrol also responded to the scene, and an OSHP spokesperson confirmed to WCPO there were multiple fights inside the park before a bigger altercation in the parking lot Saturday evening.

“The safety of our guests and associates is always our top priority," read a statement from Kings Island sent to WCPO Sunday morning. "On Saturday, the decision was made to close the park 30 minutes early due to unruly behavior and altercations involving a number of teenagers. This behavior did not align with our park’s values, and was not the experience we want any guest to have while visiting Kings Island."

Shan Powell posted a video of one of the fights inside the park that has more than 3,000 shares.
"It is an injustice that the staff is required to babysit some of these children," Powell told WCPO. "They're dropped off at the drop off right in front of the park and then left for hours at a time unsupervised."

Powell said it's going to take the community as a whole to fix the problem, not new park rules.

"I think the park should very much remain open, especially after the pandemic, for all ages," he said. "I'm not a big person for new rules, but I am a person of unity and unified responsibility. It's not going to fall on the staff alone to remedy this -- this is a community place."