On April 4th, 2023, it became illegal in most situations for drivers in Ohio to use or even hold a phone or other electronic device.

The state unveiled a public awareness campaign to draw attention to the strengthened distracted driving laws. The campaign encourages drivers to ‘Lock Your Screen Before You Rock the Road,’ and use slogans such as ‘Phones Down. It's the Law’ on marketing materials.

If you have used a phone or another electronic device while in the driver’s seat, you are not alone. Governor Mike DeWine cited research from Nationwide Insurance that found a substantial number of Ohio drivers admitted to using a phone or other electronic device while behind the wheel. More specifically, 42 percent admitted to making a phone call on a handheld device while driving, for example, 25 percent said they’ve texted, 10 have video chatted, and 5 percent confessed to watching a movie or TV.

Still, many drivers are unaware of the law. Others simply can’t resist the temptation of using their phone or electronic device. A recent survey of texts exchanged by 2,060 people behind the wheel reveals the reasons drivers continue to text and what they text about. The most commonly reported text messages included:

“Running late”

“Send me the address”

“Coming home”

“Stuck in traffic”

Clearly, the texts were not a matter of life or death, but texting while driving can be a life-threatening situation. This is especially true when the driver has been drinking.

What the Strengthened Law Means

The new law strengthens an existing law that designates the use of electronic devices or cell phones as a primary traffic offense for all drivers. This boost in designation means that police offices can now pull distracted drivers over as soon as they witness a violation. The previous law prevented officers from pulling over an adult driver for cell phone or electronics use unless the driver committed another primary traffic violation, such as running a red light or speeding. Under the older law, distracted driving was a primary traffic violation for only juvenile drivers.

The State of Ohio instituted a 6-month grace period in which law enforcement offices will issue warnings to help motorists adjust to the new law. Starting October 4, 2023, begin issuing tickets to any drivers they see violating the law.

Mistakes can happen any time police officers issue tickets, of course, including in cases of distracted driving. You may have a valid defense if there is insufficient evidence to show that you were texting or talking on your phone, for example, which can happen when the telephone company identify the date and time of a call or text, but they cannot say who made the call. This can come into play when other passengers in the vehicle had used the handheld device, for instance. Criminal lawyer Findlay can help you establish whether there was insufficient evidence to pull you over.

There are some instances in which it is not illegal to text or talk while driving. The revised code allows drivers to text or talk with a law enforcement agency, hospital or healthcare provider, fire department, or another emergency agency, for example. Someone driving a public safety vehicle may use a phone or electronic device in the course of their duties, or receiving safety-related wireless communications for emergency, traffic, or weather alerts as long as they don’t hold the phone. The updated law also allows drivers to use a speaker phone or wireless communication device for navigation as long as they don’t:

• Manually enter letters, numbers, or symbols into the device

• Hold the device with any part of their body

If you have been pulled over for distracted driving, contact Potter Law. Our Ohio criminal defense attorney can help you defend yourself when you have been wrongfully accused. We are the DUI attorney Bowling Green residents rely on for justice; we are also the criminal defense attorney Bowling Green needs for equal protection under the law.

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