Texting and distracted driving laws in Ohio

If a driver who was looking at a phone just hit you, the specifics of Ohio law matter more than the general advice you find everywhere else. Ohio bans holding a phone behind the wheel, and since 2023 an officer can pull a driver over for that alone. Here is what the statute actually says, what it costs the driver who broke it, and how that violation affects a claim for your injuries.

What Ohio's handheld ban actually prohibits

Ohio Revised Code 4511.204 makes it illegal to operate a vehicle while "using, holding, or physically supporting with any part of the person's body an electronic wireless communications device."¹ That covers a phone in the hand, a phone wedged against a shoulder, or a tablet propped on a leg. Texting, scrolling, dialing, watching video, and reading email all fall under it while the car is moving.

The big change came with Senate Bill 288, which took effect April 4, 2023 and made this a primary offense. Before that, an adult driver had to be stopped for something else first. Now the phone in the hand is reason enough for the stop.¹ Police issued warnings during a six-month grace period and began writing citations in October 2023. The statute was amended again, effective June 30, 2025, but the handheld ban and primary enforcement stayed in place.¹

What's still allowed

The law lists thirteen exceptions, and they matter, because plenty of phone contact is still legal in Ohio.¹ An adult driver can:

• hold a phone to the ear for a call, as long as there's no typing or scrolling;
• use speakerphone, voice commands, or a single touch or swipe to answer or activate a feature;
• run navigation that was set before driving, without holding the device;
• hold or use a device while stopped at a red light or parked outside a lane of travel;
• contact 911, police, a hospital, or a fire department in an emergency.

First responders and utility crews acting in their official duties are also exempt, and storing a phone in a holster or harness worn on the body is fine.¹ Anything else held in the hand while the vehicle is moving is a violation.

What it costs the driver

A violation is an unclassified misdemeanor, and the penalties climb with each offense inside a two-year window.¹ A first offense carries a fine of up to $150 and two points on the driver's BMV record. A second offense within two years runs up to $250 and three points. A third or later offense within that window can reach $500, four points, and a driver's license suspension of up to 90 days.¹² If the violation happens in a construction or work zone, the court doubles the fine.¹

Ohio gives first-time offenders an off-ramp. Instead of paying the $150 and taking the points, a driver can complete a state-approved distracted driving safety course and submit proof to the court within 90 days of the violation.¹ The fine and points are then waived. The course still counts as a prior offense if it happens again, so it does not erase the record.

There is a second penalty most people miss. Under Ohio Revised Code 4511.991, when distraction of any kind (eating, reaching for something, grooming, a phone) contributes to a different moving violation, the court can add a fine of up to $100 on top of the underlying ticket, again with the option to take a course instead.³ A distracted driver who also ran a red light faces the base penalty plus that add-on.

How a distracted driver's violation affects your claim

Ohio is an at-fault state, so the driver who caused your crash, and their insurer, is responsible for your losses. A citation under 4511.204 is strong evidence for you. When a driver breaks a specific safety statute like the handheld ban, Ohio law can treat that as negligence per se, which means the violation itself establishes the breach and you spend less time arguing whether the other driver was careless.¹ The police crash report will note the citation and any admissions, which is one reason getting that report matters.⁴

Timing is strict. You generally have two years from the date of the crash to file suit for bodily injury or vehicle damage under Ohio Revised Code 2305.10.⁵ Miss that deadline and the claim is barred no matter how clear the fault.

Ohio also uses modified comparative negligence. Under Ohio Revised Code 2315.33, you can recover as long as you were not more than 50 percent at fault, and your award is reduced by your share of the blame.⁶ At 51 percent or more, you recover nothing. A driver who was staring at a screen has a hard time pushing the majority of the fault onto you, which is part of why the phone evidence is worth chasing.

That evidence ages out. Carrier records, the timestamps on texts, and app activity can often be subpoenaed, but only if you move before the data is gone. If your car lost value even after a proper repair, that is a separate loss you can pursue; see our guide to diminished value in Ohio. To get the official report, start with our Ohio crash reports page.

The numbers behind the law

Distraction is not a rare problem on Ohio roads. thatcarhitme.com's own data recorded 264,954 reported crashes statewide in 2025,⁷ including 26,533 in December alone.⁸ The Ohio State Highway Patrol tracks distracted driving crashes and violations on its public crash dashboard,⁹ and its 2026 enforcement map shows where citations cluster: 588 distracted driving violations in Hamilton County, 524 in Franklin County, and 487 in Lucas County as of mid-March 2026.¹⁰

Enforcement has grown sharply since primary enforcement began, so a driver who hit you while holding a phone may already be facing a ticket. That ticket is not compensation for your injuries, though. A traffic fine goes to the court. Your medical bills, lost wages, and vehicle damage are a separate civil matter you have to pursue yourself.

If you were hurt

Get checked out, get the crash report, and hold off on giving a recorded statement to the other driver's insurer until you understand what your claim is worth. If the injuries are more than minor or the other side disputes fault, talk to a lawyer while the phone evidence still exists. You can start with our legal directory to find an Ohio attorney.

This is general information, not legal advice.

Sources

1. Ohio Revised Code Section 4511.204, driving while using an electronic wireless communications device. https://codes.ohio.gov/ohio-revised-code/section-4511.204

2. Ohio Revised Code Section 4510.036, assessment of points for traffic violations. https://codes.ohio.gov/ohio-revised-code/section-4510.036

3. Ohio Revised Code Section 4511.991, additional penalty for distracted driving contributing to a violation. https://codes.ohio.gov/ohio-revised-code/section-4511.991

4. Ohio Department of Public Safety, Ohio Crash Online crash report portal. https://ohtrafficdata.dps.ohio.gov/

5. Ohio Revised Code Section 2305.10, two-year statute of limitations for bodily injury and injury to personal property. https://codes.ohio.gov/ohio-revised-code/section-2305.10

6. Ohio Revised Code Section 2315.33, contributory fault and comparative negligence. https://codes.ohio.gov/ohio-revised-code/section-2315.33

7. thatcarhitme.com, Ohio (Statewide) Crash Report, 2025. https://thatcarhitme.com/crash-data/ohio/statewide/2025-annual-report

8. thatcarhitme.com, Ohio (Statewide) Crash Report, December 2025. https://thatcarhitme.com/crash-data/ohio/statewide/december-2025-report

9. Ohio State Highway Patrol, Crash Dashboard (OSTATS). https://statepatrol.ohio.gov/dashboards-statistics/ostats-dashboards/crash-dashboard

10. Ohio State Highway Patrol, Distracted Driving Violations 2026 YTD (Statistical Analysis Unit, dated March 16, 2026). https://dam.assets.ohio.gov/image/upload/statepatrol.ohio.gov/statistics/statdocs/Highlights/2025/DD.pdf