Gov. Mike DeWine signs tougher distracted driving penalties into Ohio law

Ohioans will soon face tougher penalties for using cellphones while driving, thanks to tougher distracted driving rules signed by Gov. Mike DeWine on Tuesday.

The changes, included in a massive criminal justice overhaul, will allow police to stop all drivers whom they see using, holding or physically supporting a cellphone. Previously, officers could pull over those under 18 years old for texting while driving.

“By my signature today, we begin a change to the culture," DeWine said Tuesday. "We begin to save lives.”

DeWine championed tougher penalties for distracted driving, telling lawmakers: "you'll never have a chance to vote on a thing that is as clear-cut that you will be saving lives as when you vote 'yes' on it."

“Right now, too many people are willing to risk their lives while behind the wheel to get a look at their phones," DeWine said in a statement. "My hope is that this legislation will prompt a cultural shift around distracted driving that normalizes the fact that distracted driving is dangerous, irresponsible, and just as deadly as driving drunk."

In 2022, distracted driving contributed to at least 31 fatal crashes and 258 crashes with serious injuries, according to the Ohio Highway Patrol. Since 2017, distracted driving has contributed to 73,945 crashes.

"There will be many families that will be spared the tragedy of losing a daughter, son, mom or spouse," DeWine told reporters recently. The DeWine family suffered a tragedy in 1993 when their 22-year-old daughter Becky died in a car crash.

The law takes effect in early April, 90 days after DeWine signs it. After that, officers can issue written warnings only for six months. Following the warning period, 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.

Individuals can avoid the fine and points for a first offense by taking an approved distracted driving course instead. Fines are doubled for those who use cellphones while driving in a construction zone.

The law has several exceptions, which include:

• making an emergency call to police, fire department or the hospital.

• using a phone while stopped on the side of the road, at a red light or because of an emergency or road closure.

• holding a phone near your ear for a call.

• using speakerphone.

• using navigation services as long as you're not typing in a destination or holding the phone.

• using a single touch or swipe to end a call, for example.

Under the new law, the Ohio Highway Patrol also must compile an annual report on how many people are cited for distracted driving, including demographic information such as race.

Major criminal justice reform

Distracted driving penalties are only a small portion of Senate Bill 288, which overhauls how criminal records are sealed and expunged to give Ohioans a better shot at jobs and housing.

The final legislation included "Erin's Law," which establishes child sexual abuse and dating violence education in schools. Erin Merryn, a child sexual assault survivor who championed the change nationwide, said Ohio was the "hardest state to get it passed."

A last-minute change prevents those who promote or provide "abortion or abortion-related services" from offering that education.

The new law also:

• Makes strangulation a felony.

• Makes it easier to seal and expunge certain criminal records.

• Makes it easier for incarcerated people to get early release for job training, education, drug treatment and other programs.

• Prohibits fraudulent assisted reproduction − the practice of a reproductive health provider using his own sperm for patients without consent.

• Allows people who call for help with an overdose to avoid criminal penalties for having drug paraphernalia.

• Increases the penalty for disturbing religious gatherings.

• Creates the Tenth Amendment Center within the Ohio Attorney General's Office to monitor federal laws and orders for potential abuse or overreach.

Jessie Balmert is a reporter for the USA TODAY Network Ohio Bureau, which serves the Akron Beacon Journal, Cincinnati Enquirer, Columbus Dispatch and 18 other affiliated news organizations across Ohio.

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This article originally appeared on The Columbus Dispatch: Ohio Gov. Mike DeWine signs law to penalize texting while driving