The Fifth District Court of Appeals in Ohio has ruled that drivers charged with texting while driving must prove if any exceptions to the law apply. The state law against distracted driving includes 13 exceptions, such as texting police during an emergency or while parked due to a road closure.
James Haven, cited for the offense in October 2023, contended that the state needed to prove beyond a reasonable doubt that no exceptions applied in his case. However, the court unanimously concluded that defendants must assert and prove their claims regarding these exceptions. This decision upholds a ruling by the Licking County Common Pleas Court.
During Haven's trial in November 2023, an Ohio State Highway Patrol trooper testified that Haven was observed manipulating his phone while driving. Under R.C. 4511.204, it is illegal to operate a vehicle while using or holding an electronic wireless communications device.
Haven was found guilty but was not fined; he was ordered to pay court costs.
Judge Andrew King of the Fifth District explained that the law’s exceptions are considered "affirmative defenses," meaning they are excuses or justifications known specifically by the accused. For example, only a driver would know if they were texting while performing duties in a utility vehicle or using their phone's speaker function without holding it.
The opinion also noted that officers cannot search a driver's phone without consent or a warrant, reinforcing that drivers need to present evidence supporting their legal excuse for using the device. The court's decision aligns with other traffic offense statutes and related case law, where affirmative defenses are treated consistently across various traffic crimes.
Judges W. Scott Gwin and John Wise joined Judge King in this decision (State v. Havens, 2024-Ohio-2204).
Opinion summaries provided by the Office of Public Information are intended for public and media use and should not be considered official headnotes or syllabi of court opinions. Full texts of court opinions are available online.
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