Enforcement of texting ban in Ohio may be difficult, police say

Associated Press

LIMA, Ohio

Some law enforcement officers in Ohio say they’re concerned about the difficulty of enforcing a texting-while-driving ban if such a measure becomes state law.

The Ohio House has approved a bill that would make it a misdemeanor to write, read or send text messages while driving, sending the measure to the Senate.

Many officers say such behavior can be distracting for drivers and threaten others’ safety but that cracking down on it could prove to be complicated and time-consuming, the Lima News reported this weekend.

“Just because we cite someone for it, we still have to prove it beyond a reasonable doubt in court,” Lima Police Chief Kevin Martin said. He said it could be tough to show a driver was texting at the exact moment an officer spotted the violation, and collecting the required evidence would take more time.

“We could have hours tied up in each minor misdemeanor,” he said.

It also may be difficult to determine whether a person holding a cell phone is texting, Auglaize County Sheriff Al Solomon said.

Lima Law Director Tony Geiger said police likely would need a search warrant to analyze a driver’s phone. Then the issue might become how much time authorities want to devote to prosecuting the minor violation, which would have maximum fine of $150 under the bill, Geiger said.

“I’m skeptical on a new law because of problems enforcing it,” Allen County Sheriff Sam Crish told the newspaper. “I’m just not sure by making a new law that will take care of the problem,” Crish said.

He said focusing on violations of existing laws might make more sense because of the time and effort required to get a search warrant for cell phone to help prove a texting violation.