Driving while Texting is Dangerous!

Driving and texting are dangerous. We aggressively sue those drivers who injure pedestrians, bicyclists, drivers, motor-cyclists for punitive damages which are designed to punish them for making our roads dangerous and unsafe. However, not many west-side localities have actually passed laws against it, as follows:

I.                    The City of Avon, does not have an ordinance in relation to texting/cell phone use while driving.

 

II.                The City of Avon Lake, does not have an ordinance in relation to texting/cell phone use while driving

 

III.           The City of Brooklyn, has a specific ordinance pertaining to cell phone use while driving. 31.45  USE OF MOBILE TELEPHONES WHILE OPERATING A MOTOR VEHICLE.

 

(1) No person shall operate a motor vehicle on any street or highway while engaging in any conduct defined as the “use” of a mobile telephone unless the operator maintains both hands on the applicable steering device.

(2)  Subsection (e)(1) hereof does not apply to a person who is using the mobile telephone:

 

A. To contact public safety forces, or

 

B.  While maintaining the vehicle in the Park position either on public or private property, or

 

C.     With a “hands-free device” which allows the operator to maintain both hands on the vehicle while using the mobile telephone.

 

Additionally, Brooklyn also makes use of § 331.34, (c) No person shall operate a vehicle without giving his full time and attention to the operation of such vehicle.

 

IV.             The City of Bay Village, Although Bay Village does not have a specific ordinance in relation to texting/cell phone use while driving § 331.34 (c) of the Bay Village codified ordinances state:

(c) No person shall operate a vehicle without giving his full time and attention to the operation of such vehicle.

V.        The City of Cleveland, has a specific ordinance in relation to texting while driving, § 433.09  Text Messaging While Driving states,

(a) As used in this section:

(1) “Text message” means a message sent or received via a process using wireless handsets. For the purposes of this section, an e-mail shall be considered a “text message.”

(2) “Wireless handset” means a portable electronic device capable of transmitting or receiving data in the form of a text message.

(b) No person shall use a wireless handset to compose, send or read text messages while driving a motor vehicle in the City of Cleveland

Additionally, § 431.34 (c) of the Cleveland codified ordinances states:

(c) No person shall operate a motor vehicle or motorcycle without giving his full time and attention to the operation of such vehicle.

VI.             The City of Fairview Park, does not have an ordinance in relation to texting/cell phone use while driving.

 

VII.         The City of Lakewood, Although Lakewood does not have a specific ordinance in relation to texting/cell phone use while driving § 331.34 (c) of the Lakewood codified ordinances states:

(c) No person shall operate a vehicle without giving his full time and

attention to the operation of such vehicle.

 

VIII.   The City of Lorain, Although Lorain does not have a specific ordinance in relation to texting/cell phone use while driving § 331.34 (c) of the Lorain codified ordinances states:

(c) No person shall operate a vehicle without giving his full time and

attention to the operation of such vehicle.

I believe that this could be used in context with texting or cell phone usage

IV. The City of North Olmsted has a specific ordinance in relation to cell phone and texting while driving. It should be noted that in order for a driver to be cited under this ordinance they must commit a moving violation.

331.42  USE OF MOBILE COMMUNICATION DEVICES WHILE OPERATING A MOTOR VEHICLE.

      (a)     Definitions.  As used in this section:

(1) “Mobile Communication Device” means a cellular, analog, wireless and digital telephone, and any other wireless electronic device, such as a text messaging device, personal digital assistant, or computer, that is designed or used to communicate text or data.

(2)  “Using” means operating a mobile communication device by:

A.     Dialing;

B.     Answering;

C.     Talking;

D.     Listening; or

E.     Text Messaging or Typing.

(3)   “Park” means, for a vehicle with automatic transmission, to place the vehicle in park gear, and, for a vehicle with a standard transmission, to place the vehicle in neutral gear and apply the brake.

 

(b)     Use and Restrictions.

(1)  No person shall operate a motor vehicle on any street or highway while using a hand-held mobile communication device.

(c)   Notwithstanding any provision of law to the contrary, no law enforcement officer shall cause an operator of an automobile being operated on any street or highway to stop the automobile for the sole purpose of determining whether a violation of subsection (b) hereof has been or is being committed by dialing, answering, talking or listening on a cellular, analog, wireless or digital telephone, or 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; nor shall any law enforcement officer 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 subsection (b) hereof has been or is being committed by dialing, answering, talking or listening on a cellular, analog, wireless or digital telephone; and further, no law enforcement officer shall cite the operator of any automobile being operated on any street or highway for a violation of subsection (b) by dialing, answering, talking or listening on a cellular, analog, wireless or digital telephone, hereof unless the officer has stopped the operator for the purpose of issuing a citation, or making an arrest, for a moving traffic violation for which points are charged pursuant to Ohio R.C. 4507.021.

X.            The City of North Ridgeville, Although North Ridgeville does not have a specific ordinance in relation to texting/cell phone use while driving § 432.38 (b) of the North Ridgeville codified ordinances states:

 

(b) No person shall operate a motor vehicle or motorcycle without giving his or her full time and attention to the operation of such vehicle.

 

XI.             The City of Olmsted Falls, has a specific ordinance in relation to text messaging (texting).

432.41   TEXT MESSAGING WHILE DRIVING.

       (a) As used in this section:

(1)   “Text message” means a message sent or received via a process using wireless handsets. For the purposes of this section, an e-mail shall be considered a “text message.”

(2)  “Wireless handset” means a portable electronic device capable of transmitting or receiving data in the form of a text message.

(b)  No person shall use a wireless handset to compose, send or read text messages while driving a motor vehicle in the City of Olmsted Falls.

XII.          The City of Parma, does not have an ordinance in relation to texting/cell phone use while driving.

 

 

XIII.   The City of Rocky River, Although Rocky River does not have a specific

ordinance in relation to texting/cell phone use while driving § 331.34 (c) of the Rocky River codified ordinances states:

(c) No person shall operate a vehicle without giving his full time and

attention to the operation of such vehicle.

 

 

XIV.   Sheffield Village, Although Sheffield Village does not have a specific ordinance in relation to texting/cell phone use while driving § 331.34 (c) of the Sheffield Village codified ordinances states:

(c) No person shall operate a vehicle without giving his full time and

attention to the operation of such vehicle.

 

I believe that this could be used in context with texting or cell phone usage.

 

XV.         The City of Westlake, Although Westlake does not have a specific ordinance in relation to texting/cell phone use while driving § 331.34 (a) of the Westlake codified ordinances states:

 

(a)    No person shall operate a motor vehicle upon any street or highway without exercising reasonable and ordinary control over such vehicle.

 

This is a little more vague than ordinances from other cities and may not work as well as § 331.34 (c).

 

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