Dave Casey/Hernando Today
Stephen Augello holds a photo of his daughter, Alessandra, that he says is his personal favorite.
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Published: December 3, 2008
SPRING HILL - Alessandra Augello was killed in a car crash three weeks ago.
The 17-year-old's parents are still trying to catch their breath from the sudden shock.
But even in the midst of their grief, Stephen and Agnes Augello are aware that action needs to be taken. They believe two lives could have been saved if a law was on the books that limited cell phone use while driving.
Solid figures on how many accidents are directly related to cell phone use are hard to come by. But at any given daylight moment in 2007 there were more than a million drivers using a handheld device on America's roads, according to a poll by the National Highway Traffic Safety Administration.
For Augello, that moment was 7:11 p.m. on Nov. 10. The Spring Hill teen was returning home from theater rehearsal at Bishop McLaughlin Catholic High School in Pasco County. She was traveling west on Hudson Avenue. Another car, driven by 19-year-old Alyssa Dyer, was coming in the other direction.
Troopers determined that Dyer's car crossed the center line into Augello's path. They both died at the scene.
Days later, Stephen Augello would learn at Dyer's funeral that she had sent a text message two minutes prior to the accident. Investigators can't say for certain that Dyer was using the phone at the time of the crash.
But it's plausible enough for Stephen Augello to know that something needs to be done. That "something" is Allie's Law, which would prohibit holding a cell phone while driving. Any talking would have to be done using an ear bud or a speaker.
That's the idea, anyway. For now, it's the beginnings of a movement. The Augellos have begun circulating a petition asking for support. It will soon be available on a Web site, allieslaw.com.
Getting it passed could be an uphill battle. Research shows that there were nine similar bills proposed in the 2008 session. None made it out of committee.
But two lawmakers contacted by Hernando Today had some hope.
Rep. John Legg, R-Port Richey, backed one of those failed bills. His district includes Augello's high school.
Legg's bill targeted "inexperienced" drivers, meaning motorists under the age of 18. It was intended as a small step towards issuing a law that would apply to all drivers, he said Tuesday.
Legg puts himself in the class of lawmakers against big government interfering in personal lives. But this is different.
"Your right to text ends when other people are dying or hurt because of negligence," he said.
His proposal isn't loaded with stiff sanctions. Possible penalties ranged from a point on a driver's license to several hours of community service for minors. Just the threat of punishment will be enough to deter motorists' cell phone use, Legg said.
The hang up comes from the telecommunications businesses. It's not that they're opposed to the legislation, but a law opens the door to liability issues and lawsuits, Legg said.
Sen. Mike Fasano, R-New Port Richey, said he would support "at a minimum" legislation that keeps minors from texting or using handheld devices while driving.
Like Legg, Fasano believes that a petition would carry a "tremendous amount of weight." He encourages the public to look at the issue, but warns that "it's not something that's going to change overnight."
The grandmother of the other victim in the crash, Betsy Carrion, is throwing her support behind the Augellos, calling the petition an "excellent" idea.
"I think it could be a deterrent," she said from her Hudson home. "I strongly recommend it."
Stephen Augello is aware of the past struggles to pass this type of legislation. But he doesn't find the odds insurmountable.
"I really think this is going to be the one," he said.
For more information,
visit allieslaw.com
Reporter Kyle Martin can be reached at 352-544-5271 or kmartin@hernandotoday.com.
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