Driving While Using a Cell Phone or Texting

Drivers Are Not Allowed to Drive While Using an Electronic Communication Device 

Illinois law prohibits drivers from using an electronic communication device while operating their vehicles. The law specifically defines what constitutes an electronic communication device. The most common ticket is the cell phone traffic ticket, where a driver is cited for using their cell phone while driving. Of course, a cell phone is included, but the following are also classified as electronic communication devices: 

• Tablet
• Mobile computer
• Any hand-held personal digital assistant  

However, some devices are excluded from this definition, such as those physically or electronically integrated into the car, like a GPS or navigation system built into the vehicle. 

 This means you cannot text, talk on the phone, participate in a Zoom meeting, or access social media while driving. 

Penalties for Violations

A conviction on your first cell phone violation ticket is considering a moving violation. That means operating a vehicle while using an electronic communication device could mean a moving violation. In addition to receiving a moving violation conviction, these tickets assess fines in the following way:

• First Offense: A fine of up to $75.
• Second Offense: A fine of up to $100.
• Third Offense: A fine of up to $125.
• Fourth and Subsequent Offenses: A fine of up to $150.

Aggravated Use of an Electronic Communication Device

 Drivers can be charged with aggravated use of an electronic communication device if their usage results in a car accident causing bodily harm, permanent disability, or death to another person.

• Class A Misdemeanor: If there is great bodily harm, permanent disability, or disfigurement of another person. 
• Class 4 Felony: If the accident results in death of another person.

Possible Defenses 

There are defenses available for a cell phone violation ticket, based on specific exceptions in the law: 

•  Law enforcement officers using the device while performing official duties. 
•  First responders using the device to receive information about an emergency while en route to performing official duties 
•  Drivers using the device to report an emergency and maintain communication with emergency personnel. 
•  Drivers using the device in hands-free or voice-operated mode, such as Bluetooth. 
•  Drivers parked on the shoulder of a roadway using the device. 
•  Commercial drivers, including CDL drivers, reading messages on a permanently installed communication device designed for commercial vehicles, with a screen size not exceeding 10 inches by 10 inches. 
• Drivers using the device while the car is stopped due to traffic obstructions like accidents, railroad crossings, or construction zones, with the vehicle in neutral or park. 
• Drivers using a two-way radio or citizens band radio services such as communication with a dispatcher.
•  Drivers pressing a single button to initiate or stop voice communication through the device. 
•  Drivers using a multi-function device such as a music player or fleet management system. 

Contact Us

 If you have been ticketed for this offense and any of these exceptions apply to you, you can use this as a defense to have the ticket dismissed. Even if these exceptions do not apply to you and you have no defenses, there are ways to avoid a moving violation conviction. Contact an experienced, traffic ticket lawyer to fight your using cell phone while driving ticket. You can reach us at (773) 657-442.