Distracted driving crashes have reached alarming levels in Ohio and have led to stronger distracted driving laws.
A: Distracted Driving—Secondary Offense
1. Ohio’s “secondary offense” distracted driving legislation, Ohio Revised Code §4511.991, became effective in October 2018 and was updated on April 4, 2023.
2. “Distracted driving” is broadly defined as: Engaging in any activity that is not necessary to the operation of a motor vehicle and impairs, or reasonably would be expected to impair, the ability of the operator to drive the vehicle safely. If law enforcement believes that a motorist is distracted while committing a moving violation, and that the distraction is a contributing factor to the moving violation, the motorist is subject to an additional fine.
This law made distracted driving a secondary offense, not a primary offense, meaning that a police officer could not pull a motorist over for distracted driving independently of another primary traffic violation (such as speeding or failing to obey a traffic control device).
B: Driving While Texting—Primary Offense
I have great news!
1. Ohio’s “Driving while Texting” law, Ohio Revised Code §4511.204 became effective April 4, 2023.
2. This statute makes holding cell phones and other electronic wireless communications devices while driving a primary traffic offense for all drivers. Video calls, streaming video, and playing games are all illegal activities while behind the wheel and create a distracted driver.
3. Law enforcement can now pull over and cite a texting driver or one using any electronic device without the driver committing another primary traffic offense, such as running a red light. Additional offenses are not required for a law enforcement officer to pull someone over!
4. There are over 10 exceptions, however, including hands-free use and a motorist using their phone when stopped at a red light, swiping to answer a call, and holding the phone to their ear during a call. Emergency calls and use of hands-free features are always permitted.
The Wrap-up . . .
According to the Ohio State Highway Patrol’s Distracted Driving Dashboard even the simple act of eating can cause distracted driving crashes. The bag of chips can wait. Take it from an experienced car accident attorney—avoid causing accidents by pledging to drive UNdistracted!
