Ohio's New Law to Combat Distracted Driving
To help reduce distracted driving in Ohio, the state recently enacted a law restricting the use of cell phones and other electronic devices while driving. Ohio Gov. Mike DeWine signed Senate Bill 288 into law earlier this year, with enforcement slated to take effect in October 2023.
Ohio’s New Distracted Driving Law
Ohio’s new law designates the use of cell phones and other electronic devices as a “primary offense.” With this designation, police can stop drivers they observe using cell phones or other devices while driving. Police can stop drivers for this reason alone—no additional moving traffic violation is necessary.
Previous Ohio phone laws only prohibited texting while driving for drivers under 18. For those drivers, texting was considered a primary offense, but for anyone over 18, it was a secondary offense. This meant that if the police observed an adult using a phone while driving, they also had to witness the driver committing a primary traffic violation, such as running a red light, before stopping the driver.
Exceptions to Ohio’s New Distracted Driving Law
There are a few exceptions to the new Ohio phone driving law. Specifically, the driver will not be in violation if they are using a cell phone or similar electronic device under the following circumstances:
- When a driver is parked in their vehicle
- When a driver is stopped at a red light
- When a driver touches or swipes to answer or end a call
- When a driver holds their phone to their ear during a call
- When a driver makes an emergency call to law enforcement or for emergency medical services
Despite the exceptions, the Ohio Department of Transportation warns, “In most cases, anything more than a single touch or swipe is against the law.”
What Are the Penalties?
Although the Ohio phone laws are now in effect, law enforcement will not issue citations until a brief grace period expires in October 2023.
The penalties for violating Ohio’s new law escalate with successive violations. The first offense within two years will result in two points on your driver’s license and a fine of up to $150. However, if you complete a distracted driving course, the points will not appear on your license, and the penalty will be waived. If you commit a second offense in two years, the fine is increased to an amount not to exceed $250 and three points on your license.
Additional offenses mean additional points, a fine increase, and a potential 90-day license suspension. If the offense occurs in a work zone, the fines are doubled.
Contact the Distracted Driving Lawyers at Amourgis & Associates, Attorneys at Law Now
If you were injured in an accident caused by a distracted driver, call the distracted driving lawyers at Amourgis & Associates, Attorneys at Law. We will help you through the legal process and pursue the compensation you need while you recover from your injuries. We look forward to serving you at one of our convenient offices across Ohio. Contact us today for a free case evaluation.
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