Cell phone tickets can result in fines and license points. Illinois’ most-trusted traffic attorneys can help you resolve them.
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What to know about the cell phone law in Illinois
In 2019, Illinois introduced a new texting and driving law (625 ILCS 5/12-610.2) that made a first-time offense of “operating a vehicle while using a handheld mobile device” a moving violation.
Previously, cell phone tickets were non-moving violations (resulting in a fine but, crucially, not points on your license), so this was a significant change.
What does this mean? Put simply, if you pay a cell phone ticket, it’ll appear on your driving record, and if you get too many moving violations in 12 months, you could have your license suspended.
Cell phones and driving in Illinois: What is allowed?
What is illegal?
Even touching a cell phone while behind the wheel is typically against the law.
None of the following are considered to be valid excuses for driving and using a cell phone in Illinois:
- “I was not texting while driving.”
- “I was not talking on the phone.”
- “I was just holding the phone in my hand.”
- “I was on the speakerphone.”
- “I was just checking my phone for the time.”
- “I was using my phone for directions.”
- “I was dialing a number for a hands-free call.”
- “I was just playing music.”
Not only are some of these excuses inadequate as legal defenses, but they can also be seen as admissions of guilt and used against you.
If you say you were using your phone for directions, you’ve admitted to using your phone, and that’s not allowed.
The bottom line: If you’re touching the phone or have it in your hand while the vehicle is in gear, you’re likely violating the law.
What is legal?
While Illinois has very strict cell phone laws in place, there are some exceptions.
You may be permitted to use a cell phone while operating a vehicle if one of the following exceptions applies:
- Calling 911 or emergency services
- Using a cell phone in “hands-free” mode or with a headset
- Using a cell phone while parked on the shoulder of a roadway
- Using a phone when traffic is fully stopped, and your vehicle is in park or neutral
- Using a device with a single button to start or end a call
If you believe one of these exceptions applies, our Chicago cell phone ticket attorneys can review the facts and advise whether the ticket can be challenged.
Cell phone ticket penalties
In Illinois, the penalties for a cell phone ticket depend on several factors. The State has a system of graduated fines in place, with the cost increasing for each subsequent offense:
- First offense: $75
- Second offense: $100
- Third offense: $125
- Fourth offense: $150
To be clear, these are base fines. Add court fees, and a cell phone ticket can set you back $300 to $400, or more.
And, because a cell phone or texting while driving ticket is a moving violation in Illinois, your personal driving record matters. Depending on your recent history of traffic citations, a cell phone ticket can trigger a suspension of your license.
Commercial drivers and cell phone tickets in Illinois: Special considerations
Under State and federal regulations, commercial drivers are held to stricter standards. Although a first-time cell phone ticket may not be a huge deal for a non-commercial driver with a clean record, a cell phone ticket is always a big deal for CDL holders.
If you hold a Commercial Driver’s License and are cited for a cell phone ticket, it could potentially lead to your CDL being disqualified. It’s crucial to call an experienced Chicago Commercial Driver’s License (CDL) attorney for immediate assistance with your case.
