Texting While Driving
The latest large-scale effort to keep the roadways safer is the nationwide push to outlaw texting while driving. This movement has gained a great deal of traction, with many state legislatures penning laws that prohibit this dangerous and unsafe practice.
Ohio has recently developed their own form of texting prohibition in the form of the recently enacted House Bill 99. Signed by the governor John R. Kasich, it looks to eradicate the practice by involving criminal sanctions for violations.
Although this is an important law to the public safety because we all know the negative effects of an individual who is not paying attention to the road, it is also important to know the specifics of this legislation so that you know what to do if presented with the situation.
With the help of a qualified criminal defense attorney, you can fight these allegations and have the charges reduced or completely dismissed.
Columbus Texting While Driving Attorney
It is certain that police officers across the state will be focusing intently on this new law and will be happy to pull over people they suspect are texting while driving. With public opinion on high alert to this sensitive issue, contesting a texting while driving charge will be an uphill battle for anyone.
Because of this, having someone who is well-versed in Ohio laws and can articulately argue your side of the story will give you a chance to find a favorable solution. A Columbus criminal defense attorney, such as Brian Joslyn, will be able to focus on the important factors of the case and develop the most effective defense strategy possible. Brian and staff are proactive, aggressive and passionate about their role in defending the right of those they serve and they will surely bring this sense of commitment and dedication to every aspect of your case.
To schedule a free and confidential consultation to discuss the details of your texting while driving case, call (614) 444-1900 or send an online message today. Brian and staff proudly represent individuals throughout the cities of Dublin, Westerville, Upper Arlington, Gahanna, Grove City, New Albany, Minerva Park, Urbancrest, London, West Jefferson, Newark, Pataskala, Lancaster, Pickerington, Circleville, Ashville or Williamsport, among others.
Texting While Driving Laws in Ohio
The relevant new laws concerning texting while driving in Ohio can be found in the wording and terminology contained within House Bill 99. This signed legislation enacts two new sections within the criminal code: §4511.204 and §4511.205.
According to §4511.204, No person shall drive a motor vehicle, trackless trolley, or streetcar on any street, highway, or property open to the public for vehicular traffic while using a handheld electronic wireless communications device to write, send, or read a text-based communication.
It must be noted that there are a few cases where texting while driving law do not apply:
- Using a handheld communications device for emergency purposes, including an emergency contact with a law enforcement agency, hospital or health care provider, fire department, or other similar emergency agency or entity;
- A person driving a public safety vehicle who uses a handheld communications device in that manner in the course of the person’s duties;
- A person using a handheld communications device whose motor vehicle is in a stationary position and is outside a lane of travel;
- A person reading, selecting, or entering a name or telephone number in a handheld communications device for the purpose of making or receiving a telephone call;
- A person receiving messages on a device regarding the operation or navigation of a motor vehicle; safety-related information, including emergency, traffic, or weather alerts; or data used primarily by the motor vehicle;
- A person receiving wireless messages via radio waves;
- A person using a device for navigation purposes;
- A person conducting communication with a device that does not require manually entering letters, numbers, or symbols or reading text messages, except to activate, deactivate, or initiate the device or a feature or function of the device;
- A person operating a commercial truck while using a mobile data terminal that transmits and receives data;
- A person using a handheld electronic wireless communications device in conjunction with a voice-operated or hands-free device feature or function of the vehicle.
According to §4511.205, no holder of a temporary instruction permit or a probationary driver’s license who is under the age of eighteen years shall drive a motor vehicle on any street, highway, or property used by the public for purposes of vehicular traffic or parking while using in any manner an electronic wireless communications device. This does not apply to emergency situations or while the car is idle or outside a lane of travel.
An individual who violates §4511.204 or §4511.205, shall be fined one hundred fifty dollars. In addition, the court shall impose a class seven suspension of the offender’s driver’s license or permit for a definite period of sixty days.
If the offender previously has been convicted of a violation of this section, whoever violates this section shall be fined three hundred dollars. In addition, the court shall impose a class seven suspension of the offender’s driver’s license or permit for a definite period of one year.
One of the most important aspects of these newly enacted sections is the provision that states:
No law enforcement officer shall stop an automobile for the sole purpose of determining whether a violation of division (A) of §4511 has been or is being committed for the sole purpose of issuing a ticket, citation, or summons for a violation of that nature or causing the arrest of or commencing a prosecution of a person for a violation of that nature. Likewise, no law enforcement officer shall view the interior or visually inspect any automobile being operated on any street or highway for the sole purpose of determining whether a violation of that nature has been or is being committed.
This particular section is vital in the defense of such an accusation, and the Joslyn Criminal Defense Law Firm will make certain that the Officer did not violate any rule while issuing a texting ticket.
Joslyn Criminal Defense Law Firm | Franklin County Texting While Driving Ticket Lawyer
If you or a loved one has been pulled over for a texting while driving infraction, call the Joslyn Criminal Defense Law Firm today to learn what your options are in this situation. Brian Joslyn and staff will work closely with your throughout the entire process and make sure to provide a transparent and straightforward explanation of how they can help you beat these charges and get on with your life.
Brian Joslyn has dedicated his practice to the clients he serves. He is fully aware that a large proportion of those charged with criminal offenses do not get the proper information necessary to make educated decisions on how they should approach a large and intimidating legal system that has chewed up and spit out countless individuals who were not prepared for the cold indifference of the law. The Joslyn Criminal Defense Law Firm will work with your through each and every step, making certain that you are comfortable and informed about your standing so that you are not grasping for stability and feel like you are all alone.
If you would like to schedule a free and confidential consultation to go over the details of your Ohio texting while driving charge, please call (614) 444-1900 or send an online message today. Brian and staff proudly represent individuals throughout Franklin County, Delaware County, Madison County, Licking County, Fairfield County and Pickaway County.