Eyes Up, Distractions Down: New State Law Authorizes Traffic Stops for All Distracted Drivers

The Westerville Division of Police (WPD) is reminding motorists to keep their eyes on the road, not on cellphones or other electronic devices. Senate Bill 288 (SB 288), a new state law strengthening prohibitions against distracted driving, took effect on April 4. During the law’s six-month interim period for enforcement, written warnings will be issued in lieu of citations.

Under previous laws, distracted driving was a primary offense only for juvenile drivers. The new law prohibits using, holding or physically supporting an electronic wireless communications device with one’s body while driving. The legislation also makes it a primary offense for all drivers, allowing law enforcement to pull over any distracted driver upon witnessing a violation.

“Distracted driving is extremely dangerous. While we wish all motorists would follow safe practices, this legislation allows officers to help ensure a distracted driving situation doesn’t become lifethreatening to pedestrians, other motorists or the driver themselves,” said Charles Chandler, Westerville Chief of Police.

According to the National Highway Traffic Safety Administration, more than 3,000 people in the United States die in crashes involving distracted drivers each year.

“Prevention and education are key. During the interim period, WPD officers engaged in traffic stops will be issuing written warnings and handing out postcards that provide more information on changes to the law,” said Chief Chandler.

Penalties, which are still to be determined, would take effect for citations issued after the interim period ends on Oct. 4, 2023.

Like any law, the legislation allows for some exceptions, including for people using devices to contact emergency services, use in public safety vehicles and for motorists stopped outside of a lane of travel or stop signal.

Visit www.westerville.org/distracteddriving to find more information, including a list of all 13 exceptions to the law.

WHAT COUNTS AS AN ELECTRONIC DEVICE UNDER SB 288?

• Wireless telephone (cellphone)

• Text messaging device

• Personal digital assistant

• Computer, including a laptop computer or computer tablet

• A device capable of displaying a video, movie, broadcast television image or visual image.

• Any other “substantially equivalent” wireless device designated or used to communicate text, initiate or receive communication, or exchange information or data.

Two-way radio transmitters or receivers used by a person licensed by the FCC to participate in the amateur radio service are not considered an electronic wireless communications device.

SOURCE: Ohio Revised Code (ORC) Section 4511.204