What You Need to Know About the New Distracted Driving Law

In January of 2023, Senate Bill 288 was signed into law, and with it came several changes to distracted driving regulations in Ohio. The new distracted driving law will go into effect in April of 2023. It will completely prohibit drivers from making calls, texting or using handheld navigation devices.

Here’s what you need to know:

• Driving while on your phone is now a primary offense, no matter your age. This means you can be stopped if you are seen operating a vehicle while physically supporting a phone in any way.
• The new law does not prohibit calling emergency services, such as 911 or a hospital.
• Following the six-month warning period, penalties including fines and licensed suspension will be enforced for distracted driving.

Until recently, phone use while driving was a secondary offense unless you were under the age of 18. The new distracted driving law makes it a primary offense, although officers can only issue written warnings for six months after the law goes into effect.

Exceptions to the New Distracted Driving Law

There are some exceptions to the new distracted driving rules, including:

• Using speakerphone
• Holding your cell phone to your ear
• Using hands-free navigation services
• Swiping to answer a call or other single-touch phone interactions
• Calling emergency services such as 911, the police or a hospital
• Using your phone while stopped at a red light
• Using your phone when your vehicle is parked

Ohio Governor DeWine states, “...it's no coincidence that evolving smartphone technology has coincided with increasing roadway deaths and injuries.” These increased restrictions are intended to improve safety on Ohio roads. The new law dictates that traffic reports of distracted driving cases must now be documented and reported along with additional demographic data to identify trends.

Penalties for Distracted Ohio Drivers

With distracted driving as a primary offense, law enforcement has the right to pull over anyone holding a phone. Previously, distracted driving for adults could only be cited if a driver was pulled over for something else, like speeding or running a light. 

Penalties include:

• First offense: Up to $150 fine and two points on your license
• Second offense within two years: Up to $250 and three points on your license
• Third offense within two years: Up to a $500 fine and four points on your license, along with a 90-day license suspension

Penalties increase with each repeated offense. You can potentially avoid penalties for the first offense if you agree to take a distracted driving course instead. Also, all cell phone-related fines are doubled within construction zones.

When Does the New Distracted Driving Law Go Into Effect?

The new distracted driving law will go into effect officially on April 3rd of 2023. This is 90 days after the bill was passed.

There is a six-month grace period where police officers can still pull you over for phone use while driving, but they will only issue a warning. Following this warning period, citations may be issued.

Injured By a Distracted Driver? We Can Help.

Have you been in a distracted driving accident in Ohio? At the Buckeye Law Group, we represent those that have been injured by distracted drivers on the road. Give us a call at 1-800-411-PAIN for a free case evaluation.