Near misses on the highway with cell phone drivers

By Rory Ryan
The Highland County Press

A new version of Ohio Revised Code Section 149.43 takes effect Sept. 30, 2025. In the last four decades, I've probably cited ORC 149.43 at least as many times as any other person in Highland County, if not more, in my public records requests from here to Columbus. Frankly, I'm tired.

ORC 149.43 deals with the availability of public records. It states: (1) "Public record" means records kept by any public office, including, but not limited to, state, county, city, village, township, and school district units, and records pertaining to the delivery of educational services by an alternative school in this state kept by the nonprofit or for-profit entity operating the alternative school pursuant to section 3313.533 of the Revised Code. 

My most-recent public records request was with the Highland County Sheriff's Office and Hillsboro Municipal Court a few weeks ago. After receiving the former's request, I canceled the latter's request. Both offices were professional. There just wasn't anything I could do for the situation or for those involved in it. The First Amendment and the U.S. Supreme Court long ago settled the matter.

And just when I thought those might – happily – be my last public records requests after four decades, I came within a few feet of one serious head-on auto collision on S.R. 247 at Tranquility Pike in Adams County, and another near miss on S.R. 247 five miles to the north. (I like to believe that my superior driving skills avoided both.)

At least one of the other drivers was on a cell phone and smoking a Camel cigarette – we were that close just before the impact, which I avoided, no thanks to the driver who pulled out in front of me.  

This was all my fault, of course. I forgot my St. Christopher (Christ-bearer) medal the other day. St. Christopher is the patron saint of travelers, including motorists, who sometimes hang a small image of him in their vehicle for luck. I wear mine, most days. Perhaps, St. C was with me anyway. It was that close, and I sure needed it.

According to the Ohio Department of Transportation, since October 2023 Ohioans can use their phones lots of places – but never behind the wheel. In Ohio, it is illegal in most cases to use or hold a cell phone or electronic device in your hand, lap or other parts of the body while driving. If an officer sees a violation, he or she can pull you over.

ODOT adds: "Officers are now issuing citations for violations of the law."

Really?

The HCP, over the years, has received police news release citation records from the Hillsboro Police Department, the Greenfield Police Department, the Highland County Sheriff's Office and the Ohio State Highway Patrol. We appreciate those efforts.

I may be wrong, but I rarely recall any published citations for driving while on a cell phone in the news releases these offices submit to the local media.

With very few exceptions, anything that involves using, holding or supporting a device while driving is off-limits, according to ODOT. The penalties include:

• First offense in two years: 2 points assessed to driver's license, up to a $150 fine.

• Second offense in two years: 3 points assessed to license, up to a $250 fine.

• Third or more offense in two years: 4 points assessed to license, up to a $500 fine, possible 90-day suspension of driver license.

The fines are doubled if the violation occurs in a work zone.

Granted, my two issues this week were not in Highland County, but in Adams County. 

However, I would suggest that those law enforcement reports submitted to the media ought to include citations for using a cell phone while driving; and it might, perhaps, discourage that all-too-common practice in Ohio and elsewhere.

In 2023, 397 people were killed in crashes involving cell phone use, and more than one in three drivers were using their phones in the minute before they crashed. 

And as someone who does a lot of walking in Hillsboro – and who still does not own a cell phone – I see a lot of drivers on their cell phones. Put the phones down. If it's that important, pull over.

• Lastly, a special thanks goes out to Hillsboro Police Chief Eric Daniels and HPD Officer Clint Sharp, both of whom responded to my concerns at 7 a.m. today within minutes.

I had concerns about longtime HCP readers on South East Street earlier today and shared those concerns with the HPD. The chief and Officer Sharp quickly responded, and I thank them. Much appreciated.

Rory Ryan is publisher and owner of The Highland County Press, Highland County's only locally owned and operated newspaper.