Gov. DeWine explains what to expect with Ohio's new distracted driving law

Gov. Mike DeWine speaks about the distracted driving law that will be enforced starting today, during a press conference along I-71 at Tanger Outlet Mall.
Gov. Mike DeWine speaks about the distracted driving law that will be enforced starting today, during a press conference along I-71 at Tanger Outlet Mall.
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Ohio law enforcement can now ticket drivers in Ohio for distracted driving.

"Beginning today, if law enforcement sees a driver distracted by their phone, that driver can now be immediately pulled over," Ohio Gov. Mike DeWine said Thursday at an event near I-71 in Sunbury to explain Ohio's new distracted driving law.

This week marks six months since Ohio’s new distracted driving law took effect. Law enforcement has only been issuing warnings for distracted driving during the law’s grace period.

Here's what you need to know about the new law:

What can get you pulled over?

"Police officers and troopers no longer must wait until that individual committed a separate offense to be able to pull them over," DeWine said.

Motorists may now receive a citation from Ohio law enforcement if they are observed using, holding or physically supporting, with any part of their body, an electronic wireless communications device while driving.

More: Penalties for Ohio’s distracted driving law start Thursday. Here’s what you need to know

“Electronic wireless communications devices” include:

  • Wireless phones

  • Text-messaging devices

  • Personal digital assistants

  • Computers, including laptops or tablets

  • Devices capable of displaying a video, movie, broadcast television image or visual image

  • Other substantially similar wireless devices that are designed or used to communicate text, initiate or receive communication, or exchange information or data

What will enforcement look like?

DeWine said local law enforcement and the Ohio State Highway Patrol will have zero tolerance for those who drive distracted, and troopers are now launching multiple new high visibility enforcement efforts to watch for violation of the law.

Col. Charles Jones of the Ohio State Highway Patrol said troopers will make distracted driving a priority, and before issuing a citation, troopers or law enforcement officers will make sure they have all the elements needed for the offense.

"They (troopers) have to be able to go into court and be able to prove that that offense and violation did indeed occur," Jones said. "Our troopers know that. They know what metrics they need to hit to be able to prove that that motorist indeed committed that offense."

The elements, Jones said, are what's in the law.

"We know what drivers can and cannot do, and it's up to the troopers or the law enforcement officers to prove that indeed what they saw or they observed was indeed what happened," Jones said.

If need be, troopers or law enforcement officers can testify in court about the specific violations.

"Quite honestly, if the elements aren't meant, then our troopers aren't making the stops," Jones said.

How can law enforcement tell if it was 'one swipe or touch'?

"When you've been driving down the road at some point, you've seen a car swerving, not driving in their lane, not doing what they should be doing, and when you pull up, next to that car, you pass that car, you see somebody holding a phone up, watching a movie, doing something that they shouldn't be doing, paying attention to that phone," said Andy Wilson, director of the Ohio Department of Public Safety.

This is what troopers and officers will be looking for.

"If you're holding that phone, and you're watching that video, you clearly didn't one swipe," Wilson said.

What are the penalties?

The penalties include:

  • A fine of up to $150 and two points on your license for the first offense.

  • A fine of up to $250 and three points on your license for a second offense within two years.

  • A fine of up to $500, four points on your license and a 90-day driver's license suspension for a third offense within two years.

  • Fines are doubled for those who use cellphones while driving in a work zone.

Could the law experience any adjustments?

DeWine wants to see how the law plays out and then determine if there's anything that's not working or any inequities.

"We're going to look at this one just like how we look at anything else that has passed," DeWine said.

The experience of motorists, troopers and other agencies will give an indication if there are any changes that need to be made in the law, Dewine said. He said the success of the law isn't measured by how many tickets have been issued, but by how many lives have been saved and if the amount of crashes have decreased.

A new media campaign

Ohioans can expect to see on-air and social media advertisements that will encourage them to put their phones down when driving.

More: Details on Ohio's new distracted driving law

The campaign is focused on changing behavior and raising awareness.

In the next few weeks and months, Ohio's Traffic Safety Office will be working with 45 safe community programs across the state to spread the word and inform drivers of the risks that come with distracted driving. The community-based programs work through collaboration with state, county and local partners.

Kayla Bennett is a fellow in the E.W. Scripps School of Journalism's Statehouse News Bureau.

This article originally appeared on The Columbus Dispatch: What to expect with Ohio's new distracted driving law