Texting and driving tickets are up locally

SCOTT TRUXELL/independent editor

Van Wert Law Director John Hatcher issued a stern warning during Monday’s meeting of Van Wert City Council: don’t violate Ohio’s distracted driving law, commonly known as the texting and driving law.

During his report to council, Hatcher said as many as 10 district driving cases are coming into Van Wert Municipal Court each week. He also noted the majority of those citations are coming from the Van Wert Post of the Ohio State Highway Patrol, but he added the Van Wert County Sheriff’s Office and Van Wert Police Department are issuing citations as well, as required by law.

“The authorities are out in force, enforcing the driving and texting statute,” Hatcher said.

In April of last year, the state’s distracted driving law became a primary offense. The new law gave authorities probable cause to pull over motorists if they witness them illegally using a cell phone or other electronic device while behind the wheel. It is illegal in most circumstances for anyone in Ohio to use or hold a cell phone or electronic device while driving. There was a six month grace period for enforcement, meaning citations weren’t issued until last October. Now, state law says citations are mandatory and must be issued by law enforcement officers.

“If you are driving and the phone is in your hand, even if you are not texting, they will stop you and ticket you,” Hatcher said. “It doesn’t matter if you’re checking the GPS on your phone in your hand, that’s a violation. That seems to be the most common thing that’s brought up to the court.”

Hatcher added there are a few exceptions to the statewide law and he acknowledged some of them may be confusing:

• Drivers may use their phone to report an emergency to law enforcement, a hospital, health care provider, fire department, or similar emergency entity.
• Drivers may hold their phone to their ear only during phone conversations, if the call is started or stopped with a single touch or swipe.
• Drivers may hold and use cell phones and electronic devices while stopped at a traffic light or parked on a road or highway during an emergency or road closure.
• First responders (law enforcement, fire, EMS) as part of their official duties.
• Utility workers operating utility vehicles in certain emergency or outage situations.
• Licensed operators using amateur radios.
• Commercial truck drivers using a mobile data terminal.

Hatcher added it’s possible changes or clarifications will eventually be made to the existing law. In the meantime, he said it’s a good idea to use a hands-free apparatus in the car.

As far as penalties and fines for violators, they are as follows:

• First offense in two years: two points assessed to driver’s license, up to a $150 fine. On the first offense, completion of a distracted driving course can help avoid the fine and points.
• Second offense in two years: three points assessed to driver’s license, up to a $250 fine.
• Third or more offense in two years: four points assessed to driver’s license, up to a $500 fine, possible 90-day suspension of license.

Along with the fines, each offense also brings with it court costs, typically $130 in Van Wert Municipal Court.

Fines are doubled if the violation occurs in a work zone.