Texting while driving: New Ohio law takes effect

Jackie Borchardt, Cincinnati Enquirer
·3 min read
1
Ohio is putting up new signs enforcing the states new distracted driving law.
Ohio is putting up new signs enforcing the states new distracted driving law.

Texting while driving is already illegal in Ohio but a new law took effect Tuesday that will make it easier for officers to pull motorists over for distracted driving.

The new, upgraded law makes distracted driving − texting, checking social media, streaming videos − a primary offense. That means police no longer need to see another traffic infraction before making the stop.

On Monday, Gov. Mike DeWine said a statewide effort will launch soon to educate Ohio drivers about the new law. DeWine said a new website is up to inform drivers at phonesdown.ohio.gov

Lock Your Screen Before You Rock The Road from Ohio DOT on Vimeo.

Ohio roads: 100 mph-plus speeding continues even as traffic volume back to normal

The law has several exceptions, which include:

  • making an emergency call to police, the 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 a 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.

"We have been working for years to change the culture around this deadly behavior," DeWine said Monday.

Safety proponents oppose the provisions that allow holding the phone to your ear or fiddling with at a stoplight. DeWine noted that compromise is part of how a bill becomes law.

Ohio's new distracted driving law goes into effect this week. Police will be allowed to pull over drivers for texting and other distracted driving activities without witnessing other traffic infractions.
Ohio's new distracted driving law goes into effect this week. Police will be allowed to pull over drivers for texting and other distracted driving activities without witnessing other traffic infractions.

"This law will clearly save lives, there is absolutely no doubt about it. It'll spare many families the grief and sorrow that unfortunately many of our families have suffered in the last few years because of distracted driving," DeWine said.

State lawmakers are debating whether to tweak the new law but any changes won't be decided until later this year, if at all, according to Senate Transportation Committee Chairwoman Stephanie Kunze, R-Hilliard.

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.

Law enforcement may start writing tickets for distracted driving beginning Oct. 4 when the six-month grace period ends.

For the next six months, officers will only be allowed to issue warnings. After that, the penalties are:

  • 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.

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

Ohio banned texting while driving in 2012 but made it a primary offense for drivers under 18 and a secondary offense for adults.

In June 2018, an SUV-driver shopping on her phone hit and killed John Fullenkamp, a Shelby County farmer who was driving between his fields. Leah Fullenkamp, now a widow and a single mother of four, urged Ohioans to set 'do not disturb' on their phones to avoid distractions, speak up when another driver is texting with you in the car, and make a pact to put away your phones while driving.

"I can't think of anything that I've ever done at any point on my phone that is worth hurting or killing myself or someone else. Can you?" Fullenkamp said.

She applauded the new law. "This is a huge accomplishment and through these efforts, my hope is that my family's story does not become your family's story."

Laura Bischoff 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.

Get more political analysis by listening to the Ohio Politics Explained podcast

This article originally appeared on Cincinnati Enquirer: Ohio's new distracted law takes effect April 4. What you need to know