Wisehart Wright Trial Lawyers | August 5, 2026 | Car Accidents
Most drivers know that texting while driving is dangerous, but many still do not realize just how strict Ohio’s distracted driving law has become.
Since the state’s hands-free law took full effect in 2023, police officers can now pull you over simply for holding a phone while driving. What used to be a secondary offense that could only lead to a ticket alongside another violation is now something that can get you stopped on its own.
The consequences go beyond just a traffic ticket, too, as repeated violations can lead to higher fines and potentially a license suspension. Further, if you cause a car accident while using your phone, the legal and financial fallout can be far more serious. Read on to learn what Ohio law has to say on the topic.
What Ohio Law Says About Cell Phone Use While Driving
Under Ohio Revised Code Section 4511.204, it is illegal to use or hold a cell phone or any electronic device in your hand, lap, or against any other part of your body while operating a vehicle. In most situations, anything beyond a single touch or swipe of the screen is considered a violation.
There are a few exceptions worth knowing about. Adults over 18 are still allowed to hold a phone to their ear for a call, as long as they are not dialing or scrolling while doing so. You can also use your phone if your vehicle is parked or stopped, if you are reporting an emergency, or if you are using a GPS app that is secured in a mount.
Drivers under 18 face even tighter restrictions and are banned from using any electronic device while driving, including hands-free options.
Penalties for Violating Ohio’s Hands-Free Law
The penalties for getting caught using your phone while driving become steeper with each offense within a two-year window:
- A first offense can result in a fine of up to $150 and two points on your license.
- A second offense carries a fine of up to $250 and three points on your license.
- A third or subsequent offense can mean a fine of up to $500, four points on your license, and a possible 90-day license suspension.
If the violation takes place in a work zone, fines are doubled. For a first offense, you may be able to avoid the points and have the fine waived by completing a distracted driving safety course.
How Cell Phone Use Can Affect a Car Accident Claim
The legal consequences do not stop at fines and points. If you cause a crash while using your phone, that violation can be used as evidence of negligence in a personal injury claim filed by the other driver. Ohio follows a modified comparative fault law as well, which means your level of fault directly affects how much compensation you may owe or receive.
On the other hand, if you were hit by a distracted driver, the updated law can actually strengthen your case. Evidence like police reports and phone records can help establish that the other driver was breaking the law at the time of the crash and potentially allow you to prove liability as a result.
Contact an Ohio Car Accident Attorney at Wisehart Wright Trial Lawyers for Help After a Crash
Distracted driving remains one of the leading causes of serious accidents in Ohio, notwithstanding the new law that’s in place. If you were involved in a crash involving a distracted driver, reaching out to an experienced car accident attorney can help you determine your legal rights and options going forward.
For more information, call the experienced Westlake car accident lawyers at Wisehart Wright Trial Lawyers to set up a free consultation today.
We have six convenient locations in Ohio: Sandusky, Mansfield, Port Clinton, Vermilion, Norwalk, and Huron.
Wisehart Wright Trial Lawyers – Sandusky
502 W Washington St,
Sandusky, OH 44870
(419) 625-7770
Wisehart Wright Trial Lawyers– Mansfield
6 W 3rd St Suite 200 B,
Mansfield, OH 44902
(419) 910-2605
Wisehart Wright Trial Lawyers – Port Clinton
132 Madison St,
Port Clinton, OH 43452
(419) 871-3995
Wisehart Wright Trial Lawyers – Vermilion
1513 State Rd,
Vermilion, OH 44089
(440) 967-6136
Wisehart Wright Trial Lawyers – Norwalk
13 Whittlesey Ave,
Norwalk, OH 44857
(419) 863-5922
Wisehart Wright Trial Lawyers – Huron
202 Cleveland Rd W unit 1
Huron, OH 44839
(419) 827-5884
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24610 Detroit Rd Suite 230,
Westlake, OH 44145
(419) 502-5821