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Starting soon, you could be ticketed for holding a phone while driving in Ohio

Distracted Driving
Posted at 1:26 PM, Sep 29, 2023
and last updated 2023-09-29 18:30:05-04

Beginning Oct. 5, a grace period enacted to help educate motorists on Ohio's distracted driving law before its penalties go into effect will be over.

This means any drivers caught using a phone while driving can be issued tickets by law enforcement beginning Wednesday.

Governor Mike DeWine signed the law in January and it officially went into effect on April 4 — meaning since then, law enforcement could pull over drivers they see using their phones improperly while driving.

However, officers couldn't issue tickets until a six-month grace period passed following that April date.

After Oct. 5, that's no longer the case.

Citations for violating the distracted driving law could run drivers up to $150 for their first offense — which also comes with two points on their driver's license.

From there, a second offense within two years of the first could result in a fine of up to $250, and three points added to the driver's license. Three offenses within two years will bring up to $500 in fines, four points added to the driver's license and a possible 90-day suspension of that license.

All of those fines can be doubled, like with any other traffic violation, if the violation happens within a construction zone.

“This bill is about a lot more than pulling people over and handing out tickets,” DeWine said at the bill signing in January. “It's about changing the culture around distracted driving, and normalizing the fact that distracted driving is just as dangerous as drunk driving.”

There are some cell phone usage allowances that won't get drivers in trouble:

  • Drivers are allowed to use a phone when the vehicle is parked or stopped at a red light
  • Drivers are allowed to swipe their screens to answer a call
  • Holding a cell phone to your ear during phone calls is allowed
  • Emergency calls will not be restricted
  • Use of a GPS function or navigation device is fine, but must be mounted on the dash or console and not handheld
  • Utility workers operating utility vehicles are an exception
  • Commercial truck drivers using a mobile terminal won't be cited

Police will not be able to search an electronic device for evidence of recent use without a warrant or the permission of the device's owner.
Law enforcement agencies will also be required to track and report racial data on traffic stops initiated for a distracted driving violation.

According to DeWine's office, the Ohio State Highway Patrol has reported over 60,000 crashes statewide that were caused by distracted driving; Within those, 209 deaths were also reported.