Ohio Governor Mike DeWine signed Senate Bill 288 into law early this year making distracted driving a primary offense under Ohio law. This bill will take effect 90 days after it has been signed, so roughly April 3, 2023. Officers, however, are only able to issue written warnings to drivers for six months after its effective date.
What is Ohio’s Distracted Driving Law?
Ohio has made it illegal under Ohio Revised Code § 4511.204 for drivers of any age to use, hold, or physically support a cell phone while operating a vehicle.
What’s Covered by this Law?
This offense does not prohibit a driver from holding the phone near their ear for a call, using blue tooth devices, using speaker mode, calling 9-1-1 or touching the phone once to start or end a call. Additionally, using a navigation app is allowed, so long as the driver is not holding it.
It does, however, prevent drivers from dialing a phone number to make a call (aside from 9-1-1) as well as texting, scrolling the internet, doing a video call, streaming movies, playing a game, and accessing social media.
What are the Penalties?
The penalties for distracted driving escalate depending on the driver’s number of prior offenses. The first offense is a minor misdemeanor carrying a fine of up to $150 and two points on one’s license. A second offense within two years carries a fine of up to $250 and three points on one’s license. The third offense within two years carries a fine of up to $500, four points on one’s license, and a 90-day license suspension. In all instances, the fines are doubled if it occurs in a construction zone. Additionally, a first offender can take a distracted driving class to avoid the fine and points.