On January 3, 2023, Ohio Governor Mike DeWine signed Senate Bill 288, which contains Ohio’s “Hands-free Law.” The law went into effect on April 4 of that year and made using, holding, or physically supporting an “electronic wireless communications device” (i.e., a cell phone) a primary offense. This means police officers can stop a driver for using or holding a cell phone while driving.

Historically, using a cell phone while driving was a secondary offense, meaning the police had to have stopped a driver for another violation before they could issue a ticket for using a cell phone while driving. Now, drivers can be cited for distracted driving without having committed a separate primary offense.

Governor DeWine said he hopes the law will make Ohioans think twice about texting and driving and that “The goal is not to issue tickets. The goal is to save lives.”

What the Ohio Hands-Free Law Means

Under Ohio’s Hands-free Law, Ohio drivers over age 18 can make or receive phone calls or messages using the following:

• Speakerphone
• Earpiece
• Wireless headset
• An electronic watch
• A phone connected to their vehicle

The following activities are not permitted while driving:

• Dialing a phone number
• Sending a text message (although voice-to-text is legal as a “hands-free” method)
• Updating or browsing social media
• Video calls or FaceTime
• Browsing the Internet
• Watching videos
• Playing games
• Recording or streaming video

Drivers can use streaming audio apps and navigational equipment if they turn them on before getting on the road or if they can use a single touch or swipe to activate, modify, or deactivate the device.

A police officer must observe you using, holding, or physically supporting your device in order to initiate a traffic stop for violating the Hands-free law.

If you are pulled over for violating the Ohio Hands-free law, the police officer is not allowed to seize or search your device unless they have a warrant or you consent to the search.

Exceptions to the Ohio Distracted Driving Law

There are important exceptions to the Ohio distracted driving law.

• You can hold your phone while stopped at a red light or parked.
• You can use your phone’s GPS features as long as you can activate, modify, or deactivate the app with a single touch or swipe.
• You can hold your phone to your ear while talking but you must be able to start and end the call with a single touch or swipe.
• You can use your phone to report an emergency to police, fire, or medical providers.
• Workers in certain professions are able to use specific features on their phones.
  • First responders (police, fire, EMS) can use electronic devices as part of their official duties.
  • The law does not apply to utility workers operating utility vehicles in emergency outage situations.
  • Licensed operators can use amateur radios.
  • Commercial truck drivers can use mobile data terminals.

Does Ohio’s Hands-Free Driving Law Change Requirements for Drivers Under Age 18?

Drivers under age 18 were already prohibited from using a mobile device while driving, including any hands-free features. The Hands-free law does not change these restrictions.

What Are the Penalties for Violating Ohio’s Hands-Free Law?

Penalties for violating Ohio’s Hands-free law are as follows:

• 1st offense in two years: 2 points assessed to your driver's license, and a $150 fine
• 2nd offense in two years: 3 points assessed to your license and a $250 fine
• 3rd or subsequent offense in two years: 4 points assessed to your license, a $500 fine, and a possible 90-day suspension of your driver’s license
• Fines are doubled if the violation occurred in a work zone

You may be able to reduce the fines and avoid points on your license by completing a distracted driving course for a first offense.

Ohio Distracted Driving Law Is Having a Measurable Effect

Since Governor DeWine signed the bill into law, statistics show a reduction in distracted driving, a decrease in crashes caused by distracted driving, and fewer fatalities caused by distracted driving.

Despite these trends, distracted driving remains a concern. If you were injured or a loved one was killed by a distracted driver, you may be entitled to compensation. Our Ohio personal injury attorneys can review your circumstances, help you evaluate your options, and fight for the compensation you and your family deserve.

Injured by an Ohio Distracted Driver? Contact Robenalt Law Today.

Robenalt Law has offices in Cleveland and Columbus and handles personal injury claims throughout Ohio and nationwide.

Call our Cleveland office at (216) 223-7535 or our Columbus office at (614) 695-3800 or contact us online to schedule a free, confidential, no-obligation appointment to discuss your situation and how we can help.