Illinois Statute: 625 ILCS 5/12-610.2
Also known as a cell phone ticket, if you talk on the phone while driving and hold the phone up to your ear, the police will see you…eventually. And they are cracking down hard on distracted driving for good reason. In the US in 2018, 400,000 people were injured and 2,841 people died as a result of a distracted-driving related crash. Traffic Safety Facts April 2020, NHTSA.
While the actual language of the law is straightforward, there is an extensive list of exceptions. The statute says:
“A person may not operate a motor vehicle on a roadway while using an electronic communication device.”
Seems pretty simple. Keep reading to see why you might contest this ticket.
“Electronic Communication Device” means an electronic device, including, but not limited to, a hand-held wireless telephone, hand-held personal digital assistant, or a portable or mobile computer, BUT DOES NOT INCLUDE a global positioning system or navigation system or a device that is physically or electronically integrated into the motor vehicle.
Can be considered an electronic communication device:
NOT an electronic communication device:
The statute does not apply in about 11 situations:
4, 7, 10, and 11 are the most commonly used as defenses.
What if you have CarPlay and your phone is attached to a charging cord?
What if you are talking on a phone that is electronically integrated by Bluetooth with your car’s speaker system?
Is it automatically a violation if a phone is seen in your hand?
This is a petty offense with a maximum penalty of up to a $1,000 fine.
It is a moving violation in Illinois as of July 1, 2019.
You CAN receive court supervision if you are guilty of this offense. Court supervision can prevent a cell phone ticket from going on your driving record. You must comply with the terms of supervision (i.e., pay your fines and complete your traffic safety school) in order to satisfy supervision.
1st Offense: Max $75 fine plus court costs ($226) and a period of court supervision.
2nd Offense: Max $100 fine plus court costs ($226), usually supervision.
3rd Offense: Max $125 fine plus court costs ($226), supervision eligible.
4th or subsequent offense: Max $150 fine plus court costs ($226), supervision eligible
This is a Court Supervision-eligible offense. A driver’s eligibility is mostly based on age and prior driving history.
Read more about Court Supervision.
Yes, this depends on several factors, including your age and prior driving record.
Too many convictions within certain time periods can lead to a suspension of your driver’s license.
A violation of this statute may not seem like a big deal, but if you have a CDL, it is considered a serious traffic offense. Two serious traffic offenses that go on a CDL holder’s driving record within 3 years will result in a 60-day disqualification of your CDL. This is true even if the violation occurs in a personal vehicle. Almost every moving violation has heightened consequences for CDL holders, and a cell phone ticket is no different.
Holding a cell phone up to your ear and talking on it.
Texting and driving.
Scrolling through social media.
With the 11 or so exceptions and the ambiguity surrounding physically and electronically integrated devices, there is certainly a lot of room for a defense attorney to contest these tickets at trial.
You are not automatically guilty of any offense simply because a police officer issues you a citation. All of the exceptions and specifics surrounding your ticket should be discussed with an experienced traffic attorney. You may have a case to take to trial.
