In this space, we typically discuss issues related to OVI/DUI law. Today, however, we’re going to take a brief detour and discuss a growing issue: distracted driving. With the near ubiquity of cell phones, instances of fatal car accidents caused by distracted drivers have approached 3,500 nationally in recent years. This year, the State of Ohio passed a new law in an effort to combat this problem.
The new law is not the first Ohio statute to combat distracted driving. Ohio has had a law against texting while driving on the books since 2012. The Ohio General Assembly now addresses the reality that smart phones present numerous distractions beyond simply texting. Effective October 29, 2018, ORC 4511.991 gives police and prosecutors the ability to enhance the sentence for a traffic offense committed while distracted if the distracting activity is a contributing factor to the commission of the offense. If this enhancement is proven, courts can assess up to an additional $100 in fines on top of any fines levied for the underlying traffic offense. Defendants can then choose to either pay the additional fines or take an online distracted driving safety course.