Ohio Law Prohibits Operating a Vehicle While Using a Cell Phone
Ohio Revised Code 4511.204 was enacted on October 3, 2023. Under section (A), a driver may not operate a motor vehicle on a public road or highway while using, holding, or supporting with any part of the person’s body an electronic wireless communications device to manually compose, send, or read a text-based communication, including but not limited to a text message, instant message, e-mail, or internet communication. As you can see, the language of the statute is quite broad and encompasses virtually any use of a cell phone while driving the vehicle. Those caught in violation of this statute can potentially be charged with a misdemeanor offense in Ohio.
Are There Any Exceptions to Using a Phone While Driving in Ohio?
Ohio’s law governing the use of cell phones while driving does contain a number of exceptions. The following are exceptions found in section (B) of ORC 4511.204:
- A person using an electronic wireless communications device to make contact, for emergency purposes, with a law enforcement agency, hospital or health care provider, fire department, or other similar emergency agency or entity;
- A person driving a public safety vehicle while using an electronic wireless communications device in the course of the person’s duties;
- A person using an electronic wireless communications device when the person’s motor vehicle is in a stationary position and is outside a lane of travel, at a traffic control signal that is currently directing traffic to stop, or parked on a road or highway due to an emergency or road closure;
- A person using and holding an electronic wireless communications device directly near the person’s ear for the purpose of making, receiving, or conducting a telephone call, provided that the person does not manually enter letters, numbers, or symbols into the device;
- A person receiving wireless messages on an electronic wireless communications device regarding the operation or navigation of a motor vehicle; safety-related information, including emergency, traffic, or weather alerts; or data used primarily by the motor vehicle, provided that the person does not hold or support the device with any part of the person’s body;
- A person using the speaker phone function of the electronic wireless communications device, provided that the person does not hold or support the device with any part of the person’s body;
- A person using an electronic wireless communications device for navigation purposes, provided that the person does not do either of the following during the use: (a) Manually enter letters, numbers, or symbols into the device; (b) Hold or support the device with any part of the person’s body.
- A person operating a commercial truck while using a mobile data terminal that transmits and receives data;
- A person operating a utility service vehicle or a vehicle for or on behalf of a utility, if the person is acting in response to an emergency, power outage, or circumstance that affects the health or safety of individuals;
- A person using an electronic wireless communications device in conjunction with a voice-operated or hands-free feature or function of the vehicle or of the device without the use of either hand except to activate, deactivate, or initiate the feature or function with a single touch or swipe, provided the person does not hold or support the device with any part of the person’s body;
- A person using technology that physically or electronically integrates the device into the motor vehicle, provided that the person does not do either of the following during the use: (a) Manually enter letters, numbers, or symbols into the device; (b) Hold or support the device with any part of the person’s body.
- A person storing an electronic wireless communications device in a holster, harness, or article of clothing on the person’s body.
Penalties for Distracted Driving or Texting While Driving in Ohio?
Using a phone while driving in Ohio can bring various penalties depending on criminal history and the facts of any particular case. As to penalties generally, first time offenders can receive a fine of up to $150 and two points on their driver license. Second-time offenders can receive a fine of up to $250 and three points on their driver license. A third or subsequent offense can receive a fine of up to $500, four points, and a possible 90 day suspension of their driver license. Whoever violates division (A) of ORC 4511.204 is guilty of operating a motor vehicle while using an electronic wireless communication device which is an unclassified misdemeanor in Ohio. Divisions (D)(1) to (5) of this statute determine the exact penalty. This can be a very complex determination that is best handled by an experienced criminal defense lawyer.
About the Authors: Sawan & Sawan is a multi-generational, family owned law firm practicing law in the areas of car accidents, truck accidents, and other personal injury. Our firm practices law in Ohio and Michigan.
Dennis P. Sawan
