Texting while driving is a choice many people make despite it having serious consequences. Moreover, a texting driver isn’t the only individual at risk. Pedestrians, passengers, and other drivers can be killed or injured as a result of accidents caused by a texting driver. In our law firm, we strongly believe that drivers who decide to text while driving and cause accidents should be held responsible for their actions. We are prepared to help victims of the kind of accident.
Table of Contents
What is the Mobile Phone Law in Illinois?
In Illinois, the use of a mobile phone while driving a vehicle is ruled by Illinois law 625 ILCS 5/12-610.2. This law prohibits drivers from using any electronic communication gadget while driving. These electronic gadgets include portable computers, laptop computers, hand-held digital assistants, and hand-held mobile phones.
Moreover, you may not utilize a mobile phone in a construction zone or school. However, navigation systems or GPS that are electronically or physically-integrated into the vehicles are excluded from this law.
Starting on the 1st of July 2019, any offense for texting while driving will become a driving violation under this law. Today, Illinois law only treats subsequent or a second offense as driving violations. Driving violations are road offenses that count towards suspension of driving license and are assigned points.
Driving violations emerge on your driving record and cause insurance premium raises. Besides, under the new Illinois law, drivers are subject to more minimum charges after an initial offense.
Is Using Mobile Phones While Driving Allowed in Illinois, United States?
What is Considered Legal in Illinois? While Illinois has strict moving laws regarding using mobile phones while driving, there are some exceptions. Permission can be given to use a mobile phone while driving a vehicle is one of the following exceptions apply:
- A driver using a mobile phone which has a single button to stop or start a call
- Using the mobile phone for emergency assistance such as calling 911
- Using the mobile phone on the highway when the normal traffic flow has obstructed or stopped, and you have your car in neutral or park
- Using the mobile phone with a headset or in hands-free mode
- Using the mobile phone while parked on the roadway’s shoulder
If you were cited for a mobile phone ticket but believed that you’re covered by one of Illinois’ exceptions, kindly contact our law firm. Our Chicago Traffic Lawyers will ensure your rights are protected.
What is Considered Illegal in Illinois?
It is critical to know that even holding a mobile phone while driving is against Illinois law. Now of the below are considered to be valid reasons for texting while driving in Illinois, United States:
- I was playing music
- I wasn’t texting while behind my wheels
- I was dialing a phone number for a hands-free call
- I wasn’t talking on the cell phone
- I was using my phone for directions
- I was holding the cell phone in my hand
- I was checking the time on my phone
- I was using the speaker to make calls
Not only are the reasons mentioned above inadequate as legal defenses, but they can also be viewed as guilt admissions. For instance, touching at your phone for purposes of directions isn’t permitted. This reason will probably be used against you in the court of law. In conclusion, if you’re touching your mobile phone or holding it in your hand while driving, you’re probably violating the Illinois movement laws.
What are the Jail Time and Fines for Texting While Driving Violations?
Here are some possible fines and penalties for mobile phone tickets:
First and Second Violations
A standard first and second mobile phone ticket is considered a petty offense. This form of violation carries a maximum penalty of $1,000. Nevertheless, the usual charge amount for drivers who choose to pay the ticket without appearing in the court is $120.
A subsequent or third mobile phone violation falls under a class C misdemeanor. It holds a maximum penalty of $1,500. However, for drivers who pay their ticket without going to court, the penalty is $120.
Aggravated Mobile Phone Violations
A violation that causes the death of another person, disfigurement, permanent disability, or significant bodily harm is called aggravated use of a cell phone.
Aggravated violations that don’t include fatalities are referred to as class A misdemeanors. Such violations carry up to a maximum fine of $2,500 and one-year jail terms.
Aggravated violations that involve fatalities are called class 4 offenses.
Convicted drivers face a fine of up to $25,000 and one to three years of imprisonment. If you’ve been given a mobile phone violation ticket-whether because of texting or talking on your cell phone without using a hands-free option, including using a wireless phone in a school or construction zone, contact us at our law firm to discuss your case.
Our traffic attorneys practice throughout Illinois, including DuPage County, Lake County, and Cook County. We will ensure the ideal possible outcome and keep your driving record cleared.