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In Illinois the use of an electronic devise to compose, send or receive a message (texting) while driving is against the law. Anybody who has texted and driven at the same time can appreciate the danger involved, as driving a motor vehicle requires you to keep your eyes directed at the road ahead and looking at a computer screen as you read or type prevents you from watching the road.
The National Safety Council states that texting while driving increases your chances of being in a car crash by 23 times and that over 100,000 accidents a year involve someone who is texting. The use of texting while driving is widespread as 49% of adult drivers admit to texting while driving as do 43% of teens.
As with any Illinois traffic ticket you should always request a trial and bring a good attorney with you to court.
Fee free to contact me for a no obligation telephone consultation.
Below is the full text of the Illinois statute regarding texting and electronic communication:
(625 ILCS 5/12-610.2)
Sec. 12-610.2. Electronic communication devices.
(a) As used in this Section:
"Electronic communication device" means an electronic device, including but not limited to a wireless telephone, personal digital assistant, or a portable or mobile computer while being used for the purpose of composing, reading, or sending an electronic message, but does not include a global positioning system or navigation system or a device that is physically or electronically integrated into the motor vehicle.
"Electronic message" means a self-contained piece of digital communication that is designed or intended to be transmitted between physical devices. "Electronic message" includes, but is not limited to electronic mail, a text message, an instant message, a digital photograph, a video, or a command or request to access an Internet site.
(b) A person may not operate a motor vehicle on a roadway while using an electronic communication device to compose, send, or read an electronic message.
(c) A violation of this Section is an offense against traffic regulations governing the movement of vehicles.
(d) This Section does not apply to:
(1) a law enforcement officer or operator of an
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emergency vehicle while performing his or her official duties;
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(2) a driver using an electronic communication device
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for the sole purpose of reporting an emergency situation and continued communication with emergency personnel during the emergency situation;
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(3) a driver using an electronic communication device
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in hands-free or voice-operated mode;
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(4) a driver of a commercial motor vehicle reading a
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message displayed on a permanently installed communication device designed for a commercial motor vehicle with a screen that does not exceed 10 inches tall by 10 inches wide in size;
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(5) a driver using an electronic communication device
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while parked on the shoulder of a roadway; or
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(6) a driver using an electronic communication device
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when the vehicle is stopped due to normal traffic being obstructed and the driver has the motor vehicle transmission in neutral or park.
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(Source: P.A. 96-130, eff. 1-1-10; 96-1000, eff. 7-2-10; 97-828, eff. 7-20-12.)
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