what can a lawyer do with a texting while driving in il

A Chicago texting while driving accident lawyer can gather evidence to prove liability in your accident and pursue the compensation you may be eligible to receive. The team at Pintas & Mullins Law Firm has worked on many cases like these, and we are proud of our results.

Full Answer

What is the law on texting and driving in Illinois?

Additionally, motorists may use a handheld mobile device when they are stopped in traffic and the vehicle is shifted into park or neutral. The act of texting while driving in IL is illegal. Additionally, the use of any handheld electronic communications device when a vehicle is in motion is prohibited under state law.

Is texting and driving illegal in New York State?

For instance, the act of texting and driving or reading and responding to email messages is illegal in the state. Additionally, drivers cannot hold a cell phone or another type of electronic device in their hand when operating a vehicle on public roads.

Is it illegal to talk on your phone while driving?

So, in effect, the law bans text messaging and talking on a phone for all drivers, in all locations. The law also specifically prohibits using a device to watch or stream video while driving.

Is it illegal to use an electronic communication device while driving?

The second statute bans all motorists from using an "electronic communication device" while driving. The statutes overlap to some extent and carry slightly different penalties. This article discusses the specifics of what the laws prohibit and the costs and other consequences of a violation.

What is the punishment for texting and driving in Illinois?

Fines for texting while driving or other prohibited uses of electronic devices are $75 for a first offense, $100 for a second offense, $125 for a third offense, and $150 for a fourth or subsequent offense. A driver will face more serious charges if texting while driving leads to a serious car accident.

Is texting a driving a felony in Illinois?

In July 2019, Governor J.B. Pritzker signed a law that makes it a Class A misdemeanor when a person using an electronic device while driving causes a crash that results in bodily harm, permanent disability, or disfigurement to another person. If a death results from the accident, it is a Class 4 felony.

How do I fight a cell phone ticket in Illinois?

How to Beat a Cell Phone TicketTake the Cell Phone Ticket to Trial and be Found "Not Guilty" by the Judge. ... Schedule It for Trial and If the Officer Doesn't Show Ask the Judge To Dismiss the Case. ... Make a Motion to Dismiss the Cell Phone Ticket. ... Have an Attorney Negotiate a Reduction of the Cell Phone Ticket.

Does Illinois have a law about texting and driving?

Distracted Driving Illinois law prohibits the use of hand-held cellphones, texting or using other electronic communications while operating a motor vehicle.

What is a Class 4 felony in Illinois?

Some common Class 4 felonies include aggravated assault, stalking, drug possession of a controlled substance, aggravated DUI, driving on a revoked driver's license, and theft, depending on the amount that was stolen and the circumstances involved.

Is a cell phone ticket a moving violation in Illinois?

Under the new texting and driving law (625 ILCS 5/12-610.2), a first-time offense of operating a vehicle while using a handheld mobile device will count as a “moving violation.” In other words, a cell phone ticket will appear on a motorist's driving record.

How much is a phone violation in Illinois?

a $75In Illinois, a first cell phone driving offense results in a $75 ticket; a second offense is $100; a third offense is $125; and a fourth offense is $150. In addition, distracted drivers who cause a vehicle collision with injuries can face even harsher penalties, including more costly fines and jail time.

How many points on your license for using mobile phone?

The Law. It is illegal to use a handheld mobile phone or similar device when driving, stopped at traffic lights or queuing in traffic. You will receive a fine of £200 and 6 penalty points if you are caught using a handheld phone while driving. Points on your licence could result in higher insurance premiums.

How much is a distracted driving ticket in Illinois?

The fine for a distracted driving citation increases according to the number of times a driver has received a citation, so: First offense: $75 fine. Second offense: $100. Third offense: $125.

Does a cell phone ticket affect insurance in Illinois?

Even a first offense for texting or using a cell phone while driving is a moving violation under Illinois law. Moving violations are traffic offenses which are assigned points and count toward a license suspension. Moving violations appear on your driving record and typically result in insurance premium increases.

What does Illinois law say about cell phone use while driving for adults 19 years and older?

Any wireless/cell phone use while driving, including a hands-free device, is prohibited for drivers under age 19, except in the case of an emergency to contact a law enforcement agency, health-care provider or emergency services agency. Cell phone use in school and construction zones is prohibited.

How do I report reckless driving in Illinois?

Motorists with good information relayed to a 911 dispatcher aid in the police locating and arresting the reckless driver....Properly Reporting Dangerous Drivers To The Illinois State PoliceCall immediately.Remain calm.Have details.Know the location.Description of the vehicle.Be patient with the dispatcher.

What is the penalty for a second mobile phone ticket?

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.

Can you text while driving?

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.

How old do you have to be to talk on the phone?

However, only drivers who are 19 years of age or older may use a hands-free device to talk on the phone. Novice drivers, such as those with a drivers license permit and any driver younger than 19 years of age, are prohibited from engaging in any type of cell phone activity while they are driving.

Is it dangerous to multitask while driving?

Generally, attempting to multitask while operating a motor vehicle is a dangerous and often fatal behavior.

Is distracted driving legal in Illinois?

To reduce instances of distracting driving in Illinois, the state’s General Assembly prohibits drivers from using handheld electronic devices whenever an automobile is in motion. For instance, the act of texting and driving or reading and responding to email messages is illegal in the state.

Is texting illegal in Illinois?

Texting and Driving Laws in Illinois. The act of texting while driving in IL is illegal. Additionally, the use of any handheld electronic communications device when a vehicle is in motion is prohibited under state law.

Can you use a handheld device while driving in Illinois?

Under the Illinois distracted driving law, drivers cannot use a handheld electronic communications device when sitting behind the wheel of a moving motor vehicle. If motorists wish to talk on the phone while driving, then they must use Bluetooth technology or another type of hands-free device.

Is texting a distraction in Illinois?

While most distracted driving laws in Illinois pertain to texting or talking on the phone, other types of distractions may not include the use of mobile electronic devices. For instance, the State of Illinois considers many other activities to be just as distractive. These activities include shaving, applying makeup, brushing hair, ...

Can you text from behind the wheel in Illinois?

In Illinois, no driver may read, write or send text messages from behind the wheel of a moving vehicle. Additionally, commercial vehicle drivers may only talk on the phone while using an acceptable type of hands-free component.

What is the second distracted driving law in Illinois?

Illinois's second distracted driving law prohibits all drivers from using an electronic communication device while operating a vehicle. The definition of "electronic communication device" includes cellphones, tablets, and laptops. So, in effect, the law bans text messaging and talking on a phone for all drivers, in all locations.

How old do you have to be to use a cellphone in Illinois?

Illinois's cellphone law prohibits motorists who are under 19 years old from using cellphones while driving. The only exception is for emergency situations. The cellphone law also makes it illegal for all drivers—regardless of age—to use a cellphone while driving: within 500 feet of an emergency scene.

What is aggravated use of an electronic communication device?

A violation that results in great bodily harm, permanent disability, disfigurement, or the death of another person is known as "aggravated use of an electronic communication device.". Aggravated violations that don't involve a fatality are class A misdemeanors and carry up to a year in jail and a maximum $2,500 in fines.

What is aggravated use of a wireless telephone?

A violation that results in great bodily harm, permanent disability, disfigurement, or the death of another person is known as "aggravated use of a wireless telephone.". Aggravated violations that don't involve a fatality are class A misdemeanors and carry up to a year in jail and a maximum $2,500 in fines.

How many points does an electronic device violation add to your driving record?

An electronic device violation is considered a "moving violation" and will add 20 to 30 demerit points to a motorist's driving record. Three moving violations in a year can lead to license suspension.

What is the penalty for a cellphone ticket?

The possible penalties for a cellphone ticket are: First and second violations. A standard first or second cellphone ticket is a petty offense and carries a maximum fine of $1,000. However, the standard fine amount for motorists who opt to pay the ticket without going to court is $120. Third violations .

What are the two statutes in Illinois?

Illinois has two statutes that cover distracted driving. The first statute bans talking on a cellphone entirely for underage drivers and in certain places for all drivers. The second statute bans all motorists from using an "electronic communication device" while driving. The statutes overlap to some extent and carry slightly different penalties.

Cellphone Laws in Illinois

Illinois's cellphone law bars underage motorists from using cell phones while driving. The only exception is for an emergency situation. Also, the cellphone law bars all drivers—regardless of their age—from using a cellphone while driving:

Electronic-Device Law in Illinois

This law bars all drivers from using electronic communication devices while driving. An electronic communication device includes tablets, cellphones, and laptops. So, in effect, the distracted driving law bans texting while driving and talking on a phone while operating a motor vehicle, in all locations.

Get Legal Advice from Our Illinois Cell Phone Ticket Defense Attorneys Today

It's possible for Chicago cell phone ticket attorneys to get your ticket dismissed, get a “not guilty” verdict at a court trial, or otherwise keep your driving record clean. For a no-fee, completely confidential consultation, contact our skilled Chicago Cell phone ticket attorneys today at 847-359-4005.

How many people die from distracted driving in 2018?

According to the National Safety Council (NSC), cellphone use while driving accounts for 1.6 million crashes per year. In 2018 alone, 2,841 people were killed in motor vehicle crashes involving or caused directly by distracted drivers.

Is it illegal to text while stopped at a red light?

It is illegal to text or talk on the phone while stopped at a red light or a stop sign. Even though you are stopped, you are still driving and need to remain in control of your vehicle. Additionally, it is important to stay alert as traffic is moving all around you.

Is it illegal to use a cell phone in Illinois?

Illinois Cell Phone Laws. It is illegal to use your cellphone while driving in Illinois. The only times you are permitted to use your cell phone is: While stopped due to normal traffic being obstructed and the vehicle is in neutral or park.

Is a death from an electronic device a felony?

Pritzker signed a law that makes it a Class A misdemeanor when a person using an electronic device while driving causes a crash that results in bodily harm, permanent disability, or disfigurement to another person. If a death results from the accident, it is a Class 4 felony.

Is texting and driving legal in Illinois?

Texting-and- Driving Laws in Illinois. As of July 2019, if you are using your cellphone, texting, or using another electronic device while driving, you are in violation of Illinois law. According to the National Safety Council (NSC), cellphone use while driving accounts for 1.6 million crashes per year. In 2018 alone, 2,841 people were killed in ...

What is the fine for texting while driving in Illinois?

Now, if texting while driving causes an accident that results in the great bodily harm, permanent disability, or disfigurement of another person, the driver automatically faces a minimum $1,000 fine and a 12-month license suspension.

What are the rules for using a cell phone?

It’s also important to note there are times when using a handheld cell phone to text or make a phone call is allowed. These include: 1 Calling 911 in the event of an emergency and staying on the phone with first responders. 2 Making phone calls with a hands-free headset or phone mount. 3 Texting or calling while stopped on the shoulder. 4 Texting or calling while in neutral or park during a traffic jam.

When did drivers have to use hands free?

Then, in 2014, drivers were required to use a hands-free device if they wanted to talk on their cell phones while driving. However, these violations only resulted in warnings, until then-Governor Bruce Rauner signed new legislation in 2018.

Is it illegal to drive with a cell phone in Illinois?

Commonly referred to as “distracted driving,” using a handheld electronic device while operating a motor vehicle has been illegal in Illinois for years. The new penalties are the latest in a series of increasingly strict rules regarding cell phone use in cars.

Can you text while driving in a traffic jam?

Texting or calling while in neutral or park during a traffic jam. Drivers under 19 years old are not allowed to use cell phones in the car at any time, whether they are hands-free or not, according to Illinois statute 625 ILCS 5/12-610.1. The same statute forbids drivers of any age from using cellphones in any way while driving in school zones ...