As of April 4, 2023, it is illegal to hold or use an electronic device while driving on Ohio roads, and drivers can be pulled over and cited for doing so. The new law, codified in Section 4511.204 of the Ohio Revised Code, was passed to curb distracted driving.
According to the Ohio State Highway Patrol, distracted driving has caused over 60,000 crashes and over 200 deaths in the past five years. Previously, only juveniles could be pulled over and cited solely for the use of an electronic device while driving – adults could only be cited for it if they were pulled over and cited for a different violation, such as speeding or running a red light.
Under the new law, drivers can still use hands-free devices, such as Bluetooth, as long as they don’t hold the device. They can also view a navigation system while driving as long as they don’t hold the device while driving. Their physical interaction with the device is limited to a single touch or swipe. They cannot manually enter information, which takes their eyes off the road for a longer period of time. If drivers need to make more than a single touch or swipe to their device, they will need to park in a safe location before doing so. There are limited exceptions, including the following:
- Reporting an emergency to law enforcement, health care providers or other emergency entities
- Holding or using a device while stopped at a traffic light or parked during a road closure
- Holding a phone to an ear during conversation
- First responders using devices in connection with their official duties
Law enforcement officers will be looking for drivers who are in motion and have a device in front of them while driving. They will issue warnings for the first six months of the law’s effective date, but, beginning October 5, 2023, they will issue citations. The penalties are as follows:
- First offense in two years: 2 points on driver’s license + up to $150 fine
- Second offense in two years: 3 points on driver’s license + up to $250 fine
- Third or more offense in two years: 4 points on driver’s license + up to $500 fine + possible 90-day license suspension
The fines are doubled if the violation occurs in a work zone. The completion of a distracted driving course can help avoid the fine and points, but the best way to avoid them is to put your phone away when you start your car.