Ohio's New Distracted Driving Law: What You Should Know
Effective April 4, 2023, Ohio has enacted a new statute directed at smart phone use while driving. Ohio Revised Code Section 4511.204, prohibits drivers from using or holding their device while driving. This new offense is an unclassified misdemeanor - meaning that the only potential penalty is a fine. The maximum fine begins at $150 for a first offense and increases with each subsequent offense.
There are specific exceptions to the rule. The following exceptions are some examples of phone use that IS permissible under the new law:
1) A driver may still talk on the phone provided that it is being held directly to the driver’s ears.
2) A driver may take a call on speakerphone .
3) A driver may use a navigation system, provided they are not typing or entering data.
4) A driver may make an emergency call while driving.
The crux of the statute targets holding or supporting a phone while driving, entering data, or any other active use of the phone. In other words, the folks watching videos, texting, or scrolling while driving are now begging to get pulled over.
SO WHAT’S THE CONCERN?
Drivers must be aware that distracted driving/impermissible cell phone use is now a primary offense that will enable law enforcement to stop a vehicle even with no other traffic violation. Once a vehicle is legally stopped, that officer may be able to search the vehicle should there be anything seemingly illegal in plain view. The Officer may also have the right to continue to detain the driver for investigation if there is suspicion of driving under the influence.
Additionally, because it may be extremely difficult (read: often impossible) for law enforcement to distinguish between permissible and impermissible cell phone use, a driver may be at risk of being cited even if he is not in technical violation of the statute.
WHAT ARE MY RIGHTS?
This new statute includes language that specifically addresses the rights of a driver during a traffic stop under this law.
YOU ARE NOT REQUIRED TO GIVE LAW ENFORCEMENT ACCESS TO YOUR CELL PHONE. If you are pulled over for distracted driving, whether or not you are ultimately cited, the Officer is required to inform you that you do NOT have to provide access to your cell phone. The Officer is NOT permitted to confiscate or search your phone without your consent, absent a warrant.
DO NOT CONSENT TO A SEARCH OF YOUR CELL PHONE. EVER.
If you are cited for distracted driving, you may be able to have the citation dismissed if it can be shown that the citation was issued improperly, or if there was no violation of the statute. For more information, please call (937) 671-1511.