Distracted Driving in Ohio

Ohio Laws For Distracted Driving

Distracted driving is seen as a threat to traffic safety. There can be many things which distract a driver’s attention, and one prevalent distraction is a cell phone. But using a cell phone, and even holding a cell phone, while operating a vehicle is prohibited in many circumstances.Cell phone use is not the only type of distracted driving which is illegal in Ohio. Ohio has three laws related to distracted driving:

• Using a Cell Phone While Driving – Adults
• Using a Cell Phone While Driving – Juveniles
• Committing a Traffic Violation While Distracted

Using a Cell Phone While Driving – Adults
Under Ohio Revised Code section 4511.204, it is unlawful to operate a motor vehicle while using, holding, or physically supporting an electronic wireless communications device. This prohibition applies to highways, roads, and any property open to the public for vehicular traffic.

There are exceptions to the prohibition in section 4511.204:

1. Contacting, for emergency purposes, law enforcement, hospital, etc.
2. Driving a public safety vehicle.
3. The vehicle is in a stationary position, outside the lane of travel, at a traffic control signal directing traffic to stop, or parked on the road due to an emergency or a road closure.
4. Holding the phone near the ear for a call without manually entering letters/numbers/symbols.
5. Receiving a wireless message for vehicle navigation or vehicle operation without holding or supporting device.
6. Using a speaker phone without holding or supporting the device.
7. Using a device for navigation without manually entering letters/numbers/symbols and without holding or supporting the device.
8. Using a device with a single touch or swipe without manually entering letters/numbers/symbols and without holding or supporting device.
9. Operating a commercial truck while using a mobile data terminal.
10. Operating a utility service vehicle in response to an emergency.
11. Using a device with a hands-free feature without using the hands except to activate or deactivate the feature with a single touch or swipe.
12. Using technology that integrates a device into a vehicle without manually entering letters/numbers/symbols and without holding or supporting the device.
13. Storing a device in a holster, harness, or article of clothing.

The possible penalties for violating this law depend on how many times the driver has been convicted of this law in the previous two years.

• For a first offense, the penalties include a fine of $150 and two points on the driver’s license. The fine and points can be avoided if the driver completes a distracted driving safety course.
• For a second offense within two years, the fine is $250, and three points are assessed.
• For a third (or more) offense within two years, the fine is $500, four points are assessed, and there can be a license suspension for 90 days.

If the offense is committed in a construction zone, independent of the number of prior convictions, the fine is doubled.

An officer is permitted to stop a driver for this offense is the officer visually observes the violation. An officer is not permitted to access the electronic communications device without a warrant or unequivocal voluntary consent of the driver.

Using a Cell Phone While Driving – Juveniles
For a person under 18-years-old with a temporary permit, Ohio Revised Code section 4511.204 makes it unlawful to drive a motor vehicle while using, in any manner, an electronic wireless communications device. This prohibition applies to highways, roads, and any property open to the public for vehicular traffic. This prohibition also applies to an adult who has a probationary driver’s license.

There are exceptions to the prohibition in section 4511.205:

1. Contacting, for emergency purposes, law enforcement, hospital, etc.
2. The vehicle is in a stationary position and outside lane of travel.
3. Using a navigation device in a hands-free manner without manipulating the device.

The possible penalties for violating this law depend on how many times the driver has been convicted of this law. For a first offense, the penalties include a fine of $150 and a license suspension for 60 days. For a second offense (or more), the fine is $300, and the license suspension is one year.

Committing a Traffic Violation While Distracted
According to Ohio Revised Code section 4511.991, ‘Distracted Driving’ means engaging in any activity which is not necessary for operating the vehicle and which impairs the driver’s ability to drive safely. This definition applies not only to cell phone use but also to any unnecessary activity which is a distraction and which reasonably would be expected to impair safe driving ability.

If a driver commits a traffic violation and the distracting activity contributes to committing the traffic violation, the driver is subjected to a fine of $100. This fine is in addition to any penalties imposed for the underlying traffic violation. A driver may avoid the additional fine by completed a distracted driving safety course.

Contesting Charges of Distracted Driving
Whether a driver should contest a charge related to distracted driving depends on that driver’s specific circumstances. Some drivers may decide it’s best to simply pay the waiver or appear in court and plead guilty. Other drivers may choose to contest the charge with the hope of avoiding some or all of the penalties.