Hatcher again talks distracted driving

SCOTT TRUXELL/independent editor

Van Wert Law Director John Hatcher has again issued a warning – texting and driving, or distracted driving in general will be costly for anyone caught violating the state’s law on it.

During Monday night’s meeting of Van Wert City Council, Hatcher said earlier in the day, there were 10 or 11 arraignment hearings in Van Wert Municipal Court for distracted driving.

“There’s a directive for law enforcement to be looking for this and if you’re driving and if the phone is in your hand, they are going to stop you and they’re going to ticket you,” Hatcher explained. “It’s that simple. If you’re driving, put your phone down, get a system where you can have your phone in some sort of a cradle or something where it’s not in your hand while you’re driving.”

As he did last month, Hatcher said there are a few exceptions to the law and he said that at least a couple of them are quite 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.

Here are penalties and fines for anyone convicted of violating Ohio’s distracted driving law:

• 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. In addition, court appearances are mandatory in all cases and fines are doubled if the violation occurs in a work zone.

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. That includes checking GPS directions. There was a six month grace period for enforcement, meaning citations weren’t issued until last October.