Ohio Governor John R. Kasich recently signed House Bill 99 into law.  As of June 1, the new law is put into place; however, drivers can expect a 6-month warning period after the effective date.  During this time, law enforcement officers will issue warnings, not citations.

What happens if you are pulled over and you were texting and driving? Depends on the driver’s age.  The law is most strict on drivers under the age of 18, since minors have the highest risk for serious traffic accidents involving texting while driving. The law prohibits all drivers under the age of 18 from using any handheld electronic devices, such as cell phones, GPS and navigation devices, laptops and other possible distractions while behind the wheel.

Divers under 18: the law restriction is a primary offense, meaning a police officer can cite the driver for using a handheld cell phone or other potable device without being cited for any other traffic offenses.  For adult drivers, it is a secondary offense, and law enforcement may only charge adult drivers for the offense while citing for another traffic violation.  Thus, if you are over 18 years old, you can be fined for distracted driving, if you are pulled over for speeding, causing an accident due to distracted driving or any other traffic crime in Cincinnati (and all of Ohio) .

This is all in a big effort to reduce motor vehicle crashes that result in serious injuries and fatalities that are related to distracted driving, which have been increasing in nearly every state.  If it is the first violation in Ohio, adult drivers can expect to receive a $150 fine and a 60-day suspension of his/her driver’s license; while teenage drivers may receive a $300 fine and loss of their riving privileges.  Penalties would increase for subsequent violations regarding cell phone use while driving.

Of course the new law will help cut down the distracted driving accidents in Ohio, but this new law will come with some discrepancies.  There are potential rights violations in question:  How will the police accomplish and enforce this new law? How will they distinguish a minor from an adult driver? Minors can be pulled over and charged for the violation as a primary offense while adult drivers would have to commit another violation before police could enforce the law onto them.  This could cause many issues for young adults pulled over and cited for texting while driving when the officer may have assumed he/she was a minor.

The Bottom Line: No matter why you may be pulled over, it’s important to know your rights.  If you become accused of a traffic crime in Cincinnati, such as texting while driving, reckless driving, driving with a suspended license, a hit and run or another traffic violation in Ohio, call me.  Put my number in your mobile phone: 513-260-2099