Traffic Law Update: Ohio’s New Distracted Driver Law

New Law Enhances Penalties for Distracted Drivers

House Bill 95 went into effect October 29, 2018.  This bill aims to combat distracted driving by increasing penalties for existing moving violations by requiring offenders to pay a higher fine or take an online course

What is Distracted Driving?

Under the new law, a driver can be distracted in two ways:

1. Using a handheld electronic wireless communication device
2. Doing any activity not necessary for driving that prohibits your ability to drive safely.

#1 is about using your cellphone. Talking on a handheld phone, texting, surfing the web on your phone are all considered distracted driving.  The law does NOT consider using a speaker phone, hands free device or navigation device built into the vehicle to be distracted driving.

#2 covers a lot of activities such as eating, drinking, fiddling with the radio, looking at directions, ect.

Under prior versions of the law, prosecutors had to prove that you were texting while driving.  Now, any activity that is not driving and takes your attention away from the road can lead to the extra penalty.

What are the Penalties for Distracted Driving?

When the prosecutor can show that you commit a moving violation, such as speeding or following too close while distracted, you will face an extra penalty.

If you don’t want to fight your ticket in court, you will have to either pay an additional $100 above the regular ticket amount or take an online distracted driving course and show proof of completing the class to the court.

If you go to court and either enter a plea to the charge or are found guilty after a trial of an offense while distracted, you will be fined up to $100 in addition to the regular fine or take the distracted driving course and show proof of completion to the court.

Stay safe while driving and keep your attention on the road!