COLUMBUS, Ohio — In a significant legal decision impacting drivers statewide, the Fifth District Court of Appeals ruled that individuals charged with texting while driving must prove any exceptions to the law themselves, shifting the burden of proof from the state.
The ruling, issued in June 2024, affirmed a lower court’s decision in the case of James Havens, who was cited for using a cellphone while driving in October 2023. Havens argued that the state had to prove beyond a reasonable doubt that none of the exceptions to the texting-while-driving law applied in his case.
Under Ohio law (R.C. 4511.204), using, holding, or supporting an electronic wireless communications device while operating a motor vehicle on any street, highway, or public property is prohibited. The law includes 13 exceptions, such as emergency communications with law enforcement or using hands-free functions.
Highlighting the scale of the issue, Attorney Frederick Sommer notes, “These days, there are near-infinite ways to pull drivers’ attention away from the vehicles around them. Over a recent five-year period, there have been more than 62,000 crashes on highways caused by distracted driving in Ohio.”
Judge Andrew King, writing for the Fifth District, emphasized that these exceptions are considered affirmative defenses.
The ruling underscores the importance for drivers to be aware of and able to demonstrate if they fall under one of the exceptions outlined in the law. It also sets a precedent for how similar cases involving traffic violations and affirmative defenses are handled in Ohio.
Residents across the state are urged to familiarize themselves with Ohio’s distracted driving laws and understand the implications of this legal precedent. Compliance with these laws not only enhances public safety but also ensures adherence to legal standards governing driving behavior.
The case, State v. Havens, is expected to influence future interpretations and enforcement of distracted driving laws statewide, reinforcing the responsibility of drivers to comply with regulations aimed at reducing accidents and promoting safer road conditions.