Electronic Communication Device While Driving:
Using a cell phone while driving is a violation of the Illinois Statute 625 ILCS 5/12-610.2.
Can I use a cell phone when I am stopped in traffic?
Yes. The law states a cell phone can be used if the following conditions are met. First, the vehicle is stopped due to normal traffic being obstructed. Second, the vehicle’s transmission is in neutral or park.
What does “stopped due to normal traffic being obstructed” mean?
Normal traffic being obstructed means a traffic control signal. Furthermore, it includes when traffic is not moving because of any other reason. Although the Illinois Revised Statute simply says “obstructed,” the common meaning of the statute includes a stop light.
Can I use a cell phone while I am driving to report an accident or other emergency?
Yes. The law on using an electronic communication device states that you can use a cell phone while driving if you are reporting an accident.
How can I win a cell phone ticket?
First, you must request a trial by judge on the back of your ticket. Typically, if the case is set for trial and the police officer is not present, the case might be dismissed. The prosecutor will ask for the case to be continued, and the judge might grant the continuance. However, if you are represented by an attorney, the judge will not grant the continuance, and the case will be dismissed.
If the police officer is present in court, you can always argue that you either were not using the device, were holding the device, or you were using a headset devise.
What are the consequences of losing a trial?
A judge might issue you a higher fine and give you a conviction rather than court supervision. If you are represented by an attorney, the judge will not punish you for requesting a trial.
Attorney Michael Young offers a no-cost, no-obligation consultation either by telephone or in-person. To start a consultation, call: (708) 410-0090.