Ohio does no't have any statewide laws banning texting while driving but the Washington County prosecutor is counting it as reckless driving in a current vehicular assault case.

Thursday Washington County Prosecutor Jim Schneider said a Washington County grand jury indicted Quintin Ramirez with a third degree felony charge of vehicular assault.

Schneider said in May Ramirez was texting while driving on Ohio Route 550 near Fleming when the 19-year-old drove left of center, plowed into another vehicle, and injured the driver.

Jim schneider, washington co. Prosecutor: So the recklessness is going left of center because he wasn't paying attention because he was texting and we do have evidence he was texting.

In West Virginia only novice drivers are banned from texting while driving.

Wood County Prosecutor Jason Wharton said texting would be one factor to consider if the circumstances meet the reckless disregard standard for negligent homicide.