Columbus OVI/DUI Attorney Blog
With the media reporting the recent changes to Ohio’s distracted driving laws, Ohio drivers probably have questions. In what circumstances am I prohibited from using a cell phone when I’m driving? In what circumstances am I permitted to use a cell phone when I’m driving? What is the law on ‘distracted driving’? Can I be stopped for violating these laws? What are the penalties if I’m caught? What if I am under 18? This article answers those questions.
In What Circumstances am I Prohibited from Using a Cell Phone When I’m driving?
Until April 4, 2023, Ohio Revised Code section 4511.204 made it illegal to drive while texting. As of April 4, that law prohibits much more than texting. The new ORC section 4511.204 makes it illegal to operate a motor vehicle while using, holding, or physically supporting (with any part of the body) and electronic wireless communications device. This prohibition is a significant change. If you are operating a motor vehicle, it’s not just texting that’s illegal, and it’s not only using a cell phone which is prohibited: it is also illegal to hold or physically support a cell phone while driving.
In What Circumstances am I Permitted to Use a Cell Phone When I’m Driving?
There are exceptions to the law. For example, you are not violating this law if you are:
- Contacting, for emergency purposes, law enforcement, a hospital, etc.
- In a stationary position outside the lane of travel or at a red light
- Holding the phone near your ear for a call without manually entering numbers/letters/symbols
- Using the phone for navigation or vehicle operation without holding or supporting it and without manually entering letters/numbers/symbols
- Using speaker phone without holding or supporting the phone
- Using the phone with a single touch or swipe without manually entering letters/numbers/symbols and without holding or supporting the phone
- Using technology that integrates the phone with the vehicle without manually entering letters/numbers/symbols and without holding or supporting device.
- Storing the phone in a holster, harness, or article of clothing
What Are the Penalties for Using a Cell Phone While Driving?
A first offense within two years carries a mandatory fine of up to $150 and two points on your driver license. The fine and points can be avoided if you complete a distracted driving safety course. For a second conviction within two years, the fine is $250, and three points are assessed. If you have two or more convictions in the past two years, the fine is $500, and four points are assessed. If the violation occurs in a construction zone, the fine is doubled.
What is the Law on Distracted Driving?
Distracted driving is addressed in Ohio Revised Code section 4511.991. ‘Distracted driving’ is defined as ‘using an electronic wireless communications device’ or ‘engaging in any activity that is not necessary to the operation of a vehicle and impairs, or reasonably would be expect to impair, the ability of the operator to drive the vehicle safely’.
If a driver violates one of the listed traffic laws while distracted, and if the distracting activity is a contributing factor to the commission of the violation, the driver is subject to an additional fine of $100. The additional fine is avoided if the driver completes a distracted driving safety course.
What if I am Under 18?
If you are under 18, the laws on cell phone use and distracted driving still apply to you. If you have a temporary driving permit, Ohio Revised Code makes it illegal for you to drive while using ‘in any manner’ an electronic wireless communications device. There are three exceptions:
- Contacting, for emergency purposes, law enforcement, a hospital, etc.
- The vehicle is in a stationary position and outside the lane of travel
- You are using a navigation device in a hands-free manner without manipulating the device
Is There a Grace Period?
Yes. These laws became effective on April 4, 2023. For the first six months, officers will issue warnings for violating these laws. After six months, officers will issue tickets.