In an effort to combat distracted driving and enhance road safety, Illinois introduced a significant change in its legislation on July 1st, 2019, with the enactment of House Bill 4846. This new law, officially known as 625 ILCS 5/12-610.2, brings stricter regulations regarding the use of handheld mobile devices while driving. The key takeaway from this law is that a first-time offense of operating a vehicle while using a handheld mobile device will now be considered a “moving violation.” This means that a cell phone ticket will be recorded on a motorist’s driving record, marking a notable shift from the previous classification of such offenses as ‘non-moving violations.’
Understanding What’s Allowed and What’s Not
It is crucial for Illinois residents to be well-informed about what actions are deemed illegal when it comes to cell phone usage while driving. The law explicitly prohibits the following activities:
- Texting while driving.
- Talking on the phone without a hands-free device.
- Holding a phone in your hand while operating a vehicle.
- Using the speakerphone.
- Checking your phone for the time.
- Using your phone for directions.
- Dialing a number for a hands-free call.
- Playing music on your phone.
Engaging in any of these activities while your vehicle is in gear is likely to result in a violation of the law. Even seemingly innocent actions like checking a navigation app can be used against you in legal proceedings.
Exceptions to the Rule
While Illinois has stringent cell phone laws in place, there are certain exceptions that allow the use of a cell while driving under specific circumstances. These exceptions include:
- Using the cell to call for emergency assistance (911).
- Employing the cell in “hands-free” mode or with a headset.
- Using the cell phone while parked on the shoulder of a roadway.
- Using the cell phone on the roadway when the normal flow of traffic is obstructed, and your vehicle is in park or neutral.
- Using a cell phone equipped with a single button to start or end a call.
Penalties for Cell Phone Violations
In Illinois, the penalties for cell phone violations vary depending on several factors, including the number of previous offenses. The state has implemented a system of graduated fines, with the following base fine amounts:
- First offense: $75
- Second offense: $100
- Third offense: $125
- Fourth offense: $150
It is essential to note that these are just the base fine amounts. Additional fees and costs may be added, potentially raising the total cost of a ticket to $300 to $400 or more. Furthermore, since cell phone violations are now considered moving violations, they can have a significant impact on your driving record, potentially leading to a license suspension, depending on your history of traffic citations.
Special Considerations for Commercial Drivers
Commercial drivers face even more stringent consequences for cell phone violations. A first-time ticket may not be a major concern for non-commercial drivers with clean records, but it holds significant implications for Commercial Driver’s License (CDL) holders. A cell phone ticket could potentially lead to the disqualification of a CDL, impacting a commercial driver’s livelihood.
Should You Pay the Ticket?
The decision of whether to pay a cell phone ticket in Illinois is a nuanced one and depends on individual circumstances. Paying the ticket entails pleading guilty, so it’s essential to ask yourself whether you are comfortable with this admission of guilt. If your answer is ‘no,’ then you should not pay the ticket online or by mail.
Instead, carefully explore your options. In some cases, you may be eligible for court supervision, which can be a favorable outcome for many individuals. However, eligibility for court supervision depends on the court’s discretion and may require completion of online traffic safety school.
For CDL holders, paying a cell phone ticket is not a recommended course of action. It is imperative to consult with an experienced CDL ticket attorney promptly to navigate the specific legal implications and explore alternative solutions.
Understanding the law, knowing your rights, and seeking legal advice when necessary are crucial steps to navigate this complex landscape and ensure your safety on the road. Don Cary Collins, Attorney at Law, can assist any residents of the Belleville, IL area in any traffic violations and ticketing, including these new phone laws.
