Governor Mike DeWine signed Senate Bill 288 Tuesday afternoon, which allows police to pull people over if they're seen using a cell phone while driving.
Previously, only teenagers could be pulled over for use of a cell phone while driving; adults could not be pulled over for it, but could be cited for it if they were pulled over for another reason.
“This bill is about a lot more than pulling people over and handing out tickets,” DeWine said. “It's about changing the culture around distracted driving, and normalizing the fact that distracted driving is just as dangerous as drunk driving.”
There are some cell phone usage allowances that won't get drivers in trouble:
- Drivers are allowed to use a phone when the vehicle is parked or stopped at a red light
- Drivers are allowed to swipe their screens to answer a call
- Holding a cell phone to your ear during phone calls is allowed
- Emergency calls will not be restricted
- Use of a GPS function or navigation device is fine, but must be mounted on the dash or console and not handheld
SB288 will go into effect in Ohio in 90 days — April 3, 2023. Until then, police can still pull drivers over for cell phone usage, but will instead only issue written warnings.
Once it's in effect, drivers can be cited up to $150 for their first offense and two points on their driver's license. Repeat offenders can receive increased penalties.
Police will not be able to search an electronic device for evidence of recent use without a warrant or the permission of the device's owner.
Law enforcement agencies will also be required to track and report racial data on traffic stops initiated for a distracted driving violation.
"Certainly not all fatal traffic crashes are caused by distracted driving, but it's no coincidence that evolving smartphone technology has coincided with increasing roadway deaths and injuries," said DeWine. "Other states with similar distracted driving laws have experienced fewer fatal crashes, and we expect that this enhanced distracted driving law will have the same impact here."
According to a press release from DeWine's office, since 2017 there have been 73,945 reported distracted driving crashes in Ohio, 2,186 of which were fatal or caused serious injuries. However, distracted driving crashes often go unreported, so that number is expected to be higher.
"Traffic fatalities overall have increased in eight of nine years from 2013 to 2021, with deaths reaching their highest point in nearly two decades in 2021 with 1,355 fatalities," the press release said.
The legislation, which received bipartisan support in the House and Senate, makes a host of other changes to Ohio law.
It will let inmates earn more time off prison sentences and make it easier to keep some criminal records out of the public eye. It will also decriminalize fentanyl test strips, make strangulation a separate offense, outlaw fertility fraud by doctors, and mandate age-appropriate education about child sexual abuse prevention in schools.
State lawmakers also included a provision to throw out the statute of limitations for attempted aggravated murder. The bill's sponsor has said that change is in response to a recent Ohio Supreme Court ruling that the timeline for charging defendants with this crime runs out six years after it was committed.
