Using Cell Phone While Driving To Be Primary Offense

After a family lost their daughter in a fatal crash south of Olympia last February, a new state law will take effect in June that could save lives.

That law will ban texting while driving altogether when it goes into effect June 10. You also won't be able to talk on a cell phone unless you are using a hands-free device.

One Western Washington family has a compelling reason why.

Heather Lerch is never far from her parent's thoughts and tears. The 19-year-old honors graduate of Tumwater High was on her way home last February when she lost control of her car while texting a friend.

"I think about her every day. Never stop thinking about her. Because it shouldn't have happened," said Heather's father, Dan Lerch.

Police say she was killed instantly after her car first hit a guard rail, then plunged down a ravine. She had just hit "send" on her cell phone.

"It was 'hey, nice seein' ya--let's hang out sometime, good, let's chill'--it was just stupid. It was not worth the life of my daughter," said Dan.

Her death helped give life to the new, tougher law against texting and phoning while driving, that Governor Gregoire signed into law this year. Previously, it was a secondary offense, enforced only if the driver was stopped for some other violation. Now it will be a primary offense--an officer can pull you over if you text or hold a phone to your ear while driving.

Dan and Wendy Lerch joined in the campaign for a tougher law by appearing in a public service announcement.

"It's helping in the healing, that maybe we can save some other peoples' lives," said Heather's mother, Wendy.

Beginning in June, using a phone while driving could result in a $124 fine. And with Heather Lerch's crushed car as a backdrop, State Patrol Chief John Batiste had a warning for drivers.

"This is about saving lives. And as of June 10, we intend to rigorously enforce this law," said Batiste.

"The word has to get out that, darn it, make it home alive," said Dan.

If ticketed for the offense, the infraction won't be a part of your driving record and would not affect your car insurance.