Cell Phone Use Not Illegal While Driving In Ohio
Filed under: Cell Phone, IIHS, Ohio, State Specific Information, West Virginia
Is the cell phone law in Ohio such that it allows officers to ticket fully-licensed, experienced drivers for using their cell phones while driving on Ohio roadways?
My 20 year old daughter who is attending college at Ohio State University recently got pulled over by a patrolman in Columbus, Ohio. She told me the officer raked her over the coals for talking on her cell phone while she was driving her car. He didn’t give her a citation, but claims he could have. She was a wreck after the encounter, and scared out of her wits. My daughter and I are from West Virginia and I am not familiar with Ohio traffic laws to any great degree. I know in WV a driver can’t use a cell phone while driving on a learners permit. But it is not against WV law to use a cell phone while driving once fully licensed. Is the cell phone law in Ohio different in that it allows officers to ticket a fully-licensed, experienced driver using a cell phone?
Sandra
Morgantown, WV
David Williams writes
Assuming by the mention of a Columbus patrolman you are talking about an officer of the Ohio State Highway Patrol (OSHP), as opposed to a city policeman, your daughter could not have received a traffic citation for use of a cell phone while driving. While a state law has been talked about off and on with varying intensity over the years and may someday become reality, currently there are no laws enforced by the OSHP banning cell phones while driving under any circumstances.
Likewise, it is not a violation of any Ohio traffic law for operators of a motor vehicle to text message while driving. It should, however, be noted that cities may enact more stringent laws which supersede state law when operating a car within city limits. City ordanences are enforced by city police as opposed to the state patrol.
That’s not to say that because it is not illegal it is a good idea to use the telephone or Blackberry and drive - it isn’t. Any body shop will tell you that they get a good number of repair jobs each year due to crashes that happen as a result of drivers communicating on cell phones and with other electronic devices when they ought to be paying attention to the road.
I have been involved in a car crash personally that occurred when a lady driving behind me attempted to retrieve her ringing cell phone from a purse slightly beyond reach in the passenger floorboard. She took her eyes off the road momentarily which resulted in her failure to see the traffic light we were approaching. With tremendous force she drove into the rear of my car.
It should also be noted that while one can’t receive a traffic citation in Ohio for use of a cell phone while driving, a ticket could be issued if use of a phone or other electronic communication device causes one to drive erratically or recklessly. Police officers in the state are always on the lookout for weavers and careless, distracted drivers. Perhaps it could have been that the officer spotted your daughter driving irresponsibly that garnered the threat of a traffic ticket as opposed to the fact that she was using a cell phone while driving in Ohio. This would make more sense to me.
For your benefit and the benefit of drivers in every state, here is a chart of Cell Phone Laws By State published by the Insurance Institute for Highway Safety. This document is dated November 2008 (updated March 2009) so it contains the most recent information on cell phone use while driving.