Ohio's Hands-Free Law Is Now in Force: How a Distracted-Driving Ticket Strengthens Your Crash Claim

Published April 6, 2023 · New Laws

As of Tuesday, April 4, 2023, it is illegal in most situations for an Ohio driver to hold a phone. Not just to text: to hold it, use it, or prop it against the steering wheel with a knee. Governor DeWine signed Senate Bill 288 on January 3, and the new version of R.C. 4511.204 is now the law on every street and highway in the state.

For people hurt by distracted drivers, this is the most significant change to Ohio's traffic laws in years. Here is what the law says, what the six-month warning period means, and how the new rule can help prove a crash case.

What the new law prohibits

The core of the law is R.C. 4511.204(A). No one may drive "while using, holding, or physically supporting with any part of the person's body" an electronic wireless communications device. That covers phones, tablets, and similar devices.

Ohio's earlier law, which we discussed in our 2018 post, made distracted driving a secondary offense for adult drivers, meaning an officer needed another reason to pull a driver over. Under S.B. 288, distracted driving is a primary offense for all drivers. An officer who sees a driver holding a phone can stop the car for that reason alone.

What is still allowed

The law lists thirteen exceptions in R.C. 4511.204(B). The most important ones for everyday drivers are:

• Emergency calls to police, a hospital, a fire department, or a similar agency.
• Hands-free and voice-operated use, including speakerphone and phone systems integrated into the vehicle, as long as the driver is not holding or supporting the device.
• A single touch or single swipe to activate or end a feature, again without holding the device.
• Holding the phone directly near the ear for a call, as long as the driver does not manually enter letters, numbers, or symbols.
• Navigation, without typing in an address or holding the phone.
• Being stopped outside a lane of travel, or stopped at a traffic signal, or parked because of an emergency or road closure.

There are also exceptions for public-safety vehicles, utility crews responding to emergencies, and commercial truck data terminals.

Penalties, and limits on enforcement

Under R.C. 4511.204(D), a first offense carries a fine of up to $150, a second offense within two years up to $250, and a third offense within two years up to $500 plus a possible 90-day license suspension. Fines are doubled in a posted construction zone, and points are assessed against the driver's license. A first-time offender may take a distracted-driving safety course instead of paying the fine and receiving the points.

The law also limits how it is enforced. Under R.C. 4511.204(G), an officer may stop a driver only after visually observing the driver using, holding, or supporting the device. The officer must tell the driver that he or she may decline a search of the phone, and may not access the device without a warrant unless the driver gives voluntary consent.

The six-month warning period

For the first six months, officers are issuing warnings rather than tickets as part of an effort to educate drivers. Beginning in October 2023, violations will result in citations and fines.

Here is the important point for injured people: the warning period changes nothing about your civil case. It affects what a driver pays the state, not whether that driver was careless. A driver who caused a crash while holding a phone in May was breaking the law in May. The officer's observations, the crash report, witness statements, and phone records are all evidence regardless of whether a ticket was written.

How the law strengthens a crash claim

To win a car crash case, you must prove the other driver was negligent, meaning the driver failed to use reasonable care, and that the negligence caused your injuries. Before S.B. 288, a driver caught scrolling at a red light could argue that looking at a phone for a second was not careless. Now the legislature has drawn a bright line: holding the phone while driving is itself illegal.

That helps in several ways:

1. A clear legal standard. Violating a traffic-safety statute is strong evidence of negligence. When the statute specifically prohibits holding a phone, the argument that the driver was being careful becomes much harder to make.
2. More citations at the scene. Because distracted driving is now a primary offense, officers can act on what they and witnesses see. A citation, once tickets begin, is a starting point for proving fault. How a ticket can be used at trial depends on how it is resolved in traffic court, so we follow that case closely.
3. Phone records tell the story. Carrier records can show calls, texts, and data activity in the minutes and seconds before a crash. Under the new law, any handheld activity at the moment of impact is potential proof of a violation. We described how we obtain those records in our post on getting the other driver's phone records.
4. Possible punitive damages. In an extreme case, such as a driver who was typing a message at highway speed, the conduct may support a claim for punitive damages, which Ohio reserves for conduct far worse than ordinary carelessness. Our guide chapter on what your case is worth explains how those damages work.

The catch is time. Phone records are kept for a limited period, phones are replaced or wiped, and officers' memories fade. A preservation letter should go out quickly, followed by a subpoena once a case is filed. Our guide chapter on gathering evidence while it still exists explains why.

What this means for you

If you were hit by a driver you believe was on a phone, tell the responding officer what you saw, write down the names of any witnesses who saw it too, and do not assume the absence of a ticket during the warning period weakens your case. Then call a lawyer who knows how to lock down the phone evidence before it disappears. Our distracted driving crash page and our Dayton car accident lawyer page explain how we build these cases.