What Is the Offense?
Using a cell phone while driving in Illinois is regulated under 625 ILCS 5/12-610.2 and can result in fines, license suspension, or even criminal charges if the violation leads to serious harm or death.
What Is Considered a Violation?
A violation occurs when a driver uses an "electronic communication device" while operating a motor vehicle. This includes cell phones, laptops, tablets, and other electronic devices used for communication. (625 ILCS 5/12-610.2(a))
Exceptions: When Can You Legally Use a Cell Phone While Driving?
Cell phone use is allowed under specific circumstances:
Hands-Free Mode: When the phone is in hands-free or voice-operated mode. (625 ILCS 5/12-610.2(d)(1))
Parked on the Shoulder: While parked on the shoulder of the road. (625 ILCS 5/12-610.2(d)(2))
Traffic Obstruction: When traffic is obstructed, and the vehicle is in park or neutral. (625 ILCS 5/12-610.2(d)(3))
Emergency Use: To contact emergency services or communicate with emergency personnel. (625 ILCS 5/12-610.2(d)(4))
First Responders: If you are a first responder using a device for official duties while en route to an emergency. (625 ILCS 5/12-610.2(d)(5))
Special Restrictions for Young Drivers:
Under 19 Years Old: Drivers under 19 with an instruction permit or graduated license may not use a cell phone while driving, except in emergencies. (625 ILCS 5/12-610.1(b))
What Are the Penalties for Violating Illinois Cell Phone Laws?
Basic Violations (Non-Accident) - 625 ILCS 5/12-610.2(b)
First Offense: $75 fine
Second Offense: $100 fine
Third Offense: $125 fine
Fourth or Subsequent Offense: $150 fine
Additional Court Costs: Courts may impose additional costs based on the circumstances of the case.
Aggravated Violations (Accidents Involving Injury or Death) - 625 ILCS 5/12-610.2(b-5)
The violation becomes "aggravated" if it causes a motor vehicle accident resulting in:
Great bodily harm
Permanent disability or disfigurement
Death
Class A Misdemeanor:
If the accident results in bodily harm, disability, or disfigurement.
Penalties: Up to 1 year in jail and a fine of up to $2,500. (730 ILCS 5/5-4.5-55(a) and (e))
Class 4 Felony:
If the accident causes death.
Penalties: 1 to 3 years in prison (up to 6 years if extended-term eligible) and a fine of up to $25,000. (730 ILCS 5/5-4.5-45(a) and (b))
Mandatory Minimum Fine: Aggravated violations include a mandatory minimum fine of $1,000. (625 ILCS 5/12-610.2(c))
Preventing Court Supervision: What Could Disqualify Me?
Court supervision is often the best possible outcome, but you may be disqualified if:
Too Many Moving Violations: You can only receive court supervision twice within 12 months. (730 ILCS 5/5-6-1(k))
Under 18 Years Old: A parent must appear in court and give consent for supervision (unless waived by the judge for good cause). (730 ILCS 5/5-6-1(n))
Causing Death: If the violation caused a death and you have a prior violation or license revocation/suspension. (730 ILCS 5/5-6-1(j))
Jail Time and Fines: What You Should Know
Basic Violations: Jail time is not applicable for non-aggravated offenses.
Class A Misdemeanor: Up to 1 year in jail.
Class 4 Felony: 1 to 3 years in prison, or up to 6 years if extended-term eligible.
Fines: Up to $2,500 for a Class A violation and up to $25,000 for a Class 4 felony.
What Should You Do If Charged with This Offense?
Facing a cell phone-related traffic violation or aggravated charge can have serious consequences on your driving record, freedom, and insurance rates. Here’s what you should do:
1. Contact an Experienced Attorney
An attorney can evaluate the facts of your case, the evidence against you, and your eligibility for court supervision. They can also negotiate with the prosecutor to minimize fines and penalties.
2. Do Not Ignore the Ticket
Failing to respond to a ticket or summons can result in additional penalties, including license suspension.
3. Explore Options for Court Supervision or Alternative Sentencing
If eligible, court supervision can prevent a conviction from appearing on your record. For aggravated offenses, your attorney can work to negotiate probation or conditional discharge rather than jail time.
4. Be Prepared to Complete Driver Improvement Programs
Judges may require completion of a driver improvement program, defensive driving course, or victim impact panel as part of your sentence. (720 ILCS 5/5-6-1(h)(1))
Why Does This Matter?
License Suspension or Revocation: The Secretary of State may suspend or revoke your license based on your driving history and the facts of the case. (625 ILCS 5/6-205)
Impact on Insurance: Your insurance rates may increase due to a conviction or moving violation.
Restitution and Civil Lawsuits: If the violation caused harm or death, you may face civil liability and be ordered to pay restitution.
Why Choose Us?
Our firm has over 30 years of experience defending traffic violations in DuPage, Cook, Lake, Kane, Will, and Kendall counties. We have helped countless clients avoid convictions, retain their licenses, and minimize penalties.
If you’ve been charged with a cell phone violation, contact us for a free consultation to protect your driving privileges and explore your best legal options.
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