Highway patrol aggressively enforcing new distracted driving law; Local police not so much

A Dayton Daily News examination of state data found between Oct. 4, 2023 and Jan. 31, state troopers issued 4,582 distracted driving citations statewide in the first months of the law that made distracted driving a primary offense in which a motorist could be pulled over by law enforcement.

The strict enforcement started after a six-month grace period of warnings.

“We’re primarily tasked with traffic enforcement,” said Lt. Ray Santiago of the patrol’s public affairs unit. “It’s a focus for the patrol and we’re showing a decrease in crashes.”

Troopers in the region issued 267 distracted driving citations in Warren County, 108 driving citations in Butler County; 47 citations in Clark County; 35 citations in Greene County; 19 citations in Montgomery County; 15 citations in Miami County; five citations in Preble County; and one citation in Darke County.

Santiago said the new law was the first time troopers could be proactive to enforce distracted driving violations if they see them. Previously distracted driving was a secondary violation that had to accompany a moving traffic offense, such as speeding. He also noted a reduction in the number of crashes that were the result of distracted driving.

Fatal and serious injury crashes are already 45% lower in 2024 than for the same time in 2023 (Jan. 1 through April 15), according to state data. In 2024, there have been four fatal crashes and 37 serious injury crashes, compared to five fatal crashes and 70 serious injury crashes by this time in 2023.

In a five-year period from January 2019 through April 15, state troopers have issued 54,128 distracted driving citations.

“At the end of the day, it’s all about keeping folks safe,” Santiago said.

Local cops less focused on drivers

Local police departments have ticketed far fewer motorists for distracted driving.

The Dayton Daily News contacted the largest police departments in the region requesting data on distracted driving citations in the first four months of enforcement under the new law (October through January).

Hamilton police led the region with 12 citations. Dayton police issued 10 citations during the same time period. Beavercreek issued four citations, with the Montgomery and Warren county sheriff’s offices recording one citation each.

Some agencies, such as Fairborn, Springfield and Huber Heights reported zero citations issued under that new state traffic law.

Kettering police were unable to provide data but a spokesperson estimated they issued five tickets for distracted driving during that period; some under city code instead of state traffic law. Kettering Municipal Court records show two citations have been issued so far this year.

Fairborn police Sgt. Nathan Penrod said there was no specific reasons why officers there did not issue citations under the new law. He said officers are still learning the new law and that they may be exercising discretion to educate drivers, opting to give them warnings instead of citations.

Penrod said window tints on vehicles also make it harder for officers to see inside vehicles for possible violations.

“It’s not readily apparent to officers to enforce this without taking their eyes off the road while driving,” Penrod said.

Warren County Sheriff’s Chief Deputy Barry Riley said the primary mission of the highway patrol is traffic enforcement while the primary focuses of the sheriff’s office are to provide court services, operate the county jail, and patrol unincorporated or contracted areas of the county.

“We have different roles,” Riley said. “Last year we had 74,000 calls for service. We’re busy. Traffic (enforcement) is important to us because it’s part of the enforcement piece.”

He said the sheriff’s office is blessed to have the patrol do traffic enforcement adding that deputies also handle a lot of traffic crashes in the county.

Fewer distracted driving crashes

The highway patrol said from 2019 through 2023, there were 55,868 crashes in Ohio, investigated by all law enforcement agencies, that involved one or more drivers who were distracted by something in their vehicles.

Of these crashes, 171 were fatal that resulted in 186 deaths. Another 29,000 people were injured in distracted driving crashes. The patrol said that the 9,158 crashes in 2023 was the lowest total over the five-year period.

The patrol also notes that male drivers made up the majority of the distracted drivers by a margin of 56% to 43% from 2019 through 2023 and in fatal crashes, 67% were males. In addition, about one in three distracted drivers were between 15-24 years of age.

Over the five year period from 2019-2023, Cuyahoga County led the state in distracted driving crashes with 5,321, followed by Franklin County with 4,450, Hamilton County with 4,446, Montgomery County with 2,874, and Lucas County with 2,391. These five counties combined accounted for 34% of distracted driving crashes in the state, about one in every three crashes, according to the patrol.

What is distracted driving?

According to the Ohio State Highway Patrol’s website, distracted driving is engaging in any activity that is not necessary to the operation of a vehicle and that impairs, or reasonably would be expected to impair, the ability of the operator to drive the vehicle safely. Talking or texting on mobile phones, eating, and other distractions can cause crashes with lifelong consequences for both violators and victims.

The new law that went into effect last year allows police to pull a driver over if they see them improperly using an electronic device. The penalty for a first offense is a $150 fine, plus court costs and two points on the driver’s record. Subsequent offenses have increasing fines and more points added to a driving record.

Patrol officials said texting while driving is exceptionally bad and unsafe because it incorporates all three forms of distracted driving including manual, visual, and cognitive.

Enforcement stats not public

The distracted driving law includes a provision requiring an annual report to be published by the Attorney General’s office including a breakdown by race of how many drivers were cited the previous year.

This provision was added to make sure the law is being enforced fairly and effectively.

Dominic Binkley, deputy press secretary for Ohio Attorney General Dave Yost, says that “report is in the process of publication.”

But in the meantime, data provided to the state from local police departments is confidential because all law enforcement agencies submit their monthly information via the state’s law enforcement Gateway Portal. State law places all information submitted through the Gateway as confidential law enforcement information which is exempted from public release.

Data shows drivers putting phones down

Judith Converse, public information officer for the Ohio Traffic Safety Office, a division of the Ohio Department of Public Safety, said motion data analysis from Cambridge Mobile Telematics shows drivers in Ohio are spending less time interacting with their phones since the new law took effect in April 2023.

Converse said in the month before Ohio’s hands-free law began, drivers in Ohio spent 1 minute and 39 seconds handling their phones while driving per hour. In the law’s first month, distraction fell by 8 seconds, a drop of 8.1%. From there, distraction levels per hour fluctuated between 1 minute and 30 seconds and 1 minute and 33 seconds per hour.

December 2023 saw a new low, falling to 1 minute and 28 seconds per hour. February 2024, the last full month of analysis, experienced the lowest levels of distracted driving in Ohio since the law began at 1 minute and 26 seconds per hour, a 13.8% fall from March 2023.

In an April 4 press release, Converse said, “The impact on Ohio’s roads was immediate.”

CMT estimates that this reduction has helped prevent 3,600 crashes, 2,000 injuries, 17 fatalities, and $144 million in economic damages since the effective date of the law.

“Most distracted driving can be attributed to cell phone use, and this new report shows that Ohioans are committed to reducing this dangerous behavior,” said Ohio Gov. Mike DeWine. “Distracted driving puts everyone on our roads at risk, and it’s clear this new law is saving lives.”

Emily Davidson, OTSO executive director said, “This new data is indisputable evidence that strong laws, strict enforcement, and public awareness are the keys to preventing crashes and saving live. Ending distracted driving is a priority, and we are excited to see that we are on the right track to making our streets and highways safer.”

How much was spent to educate public?

Converse said the Ohio Department of Transportation and the Ohio Department of Public Safety contributed funds to the “Phones Down. It’s The Law” campaign media buy in 2023 and 2024. Last year, Ohio DPS spent $500,000, all federal funds, and ODOT funded an additional $61,336, she said.

“For 2024, we have budgeted another $500,000 for distracted driving paid media. I have not heard from ODOT about their plans for a media buy on distracted driving this year,” she said.

Ohioans are seeing more ads for the “Phones Down. It’s The Law.” campaign in April, which is National Distracted Driving Awareness month. Television and radio ads, billboards, and social media are directing viewers to the campaign website at phonesdown.ohio.gov.