Oak Brook Texting While Driving Defense Attorneys

Traffic Violations Lawyers Defending DuPage County Clients Ticketed With Cell Phone Use

When drivers text while driving a vehicle, they break Illinois law. If you are charged with texting while driving, you risk your driving privileges and a fine. Retaining a traffic violations defense attorney, experienced in defending texting while driving charges, can help protect your rights. The skilled lawyers at Kathryn L. Harry & Associates, P.C. have successfully represented texting while driving clients throughout DuPage County and the Chicago area.

Texting While Driving in Illinois

In recent years, Illinois law has been updated to prohibit the use of electronic devices while driving, permitting only the use of hands-free devices, including speakerphones, Bluetooth, and headsets. The texting prohibition law (625 ILCS 5/12-610.2) states clearly: "A person may not operate a motor vehicle on a roadway while using an electronic communication device." The texting law excludes the following:

• A law enforcement officer or operator of an emergency vehicle while performing his or her official duties;
• A driver using an electronic communication device for the sole purpose of reporting an emergency situation and continued communication with emergency personnel during the emergency situation;
• A driver using an electronic communication device in hands-free or voice-operated mode, which may include the use of a headset;
• A driver of a commercial motor vehicle reading a message displayed on a permanently installed communication device designed for a commercial motor vehicle with a screen that does not exceed 10 inches tall by 10 inches wide in size;
• A driver using an electronic communication device while parked on the shoulder of a roadway;
• A driver using an electronic communication device when the vehicle is stopped due to normal traffic being obstructed and the driver has the motor vehicle transmission in neutral or park;
• A driver using two-way or citizens band radio services;
• A driver using two-way mobile radio transmitters or receivers for licensees of the Federal Communications Commission in the amateur radio service;
• A driver using an electronic communication device by pressing a single button to initiate or terminate a voice communication; or
• A driver using an electronic communication device capable of performing multiple functions, other than a hand-held wireless telephone or hand-held personal digital assistant (for example, a fleet management system, dispatching device, citizens band radio, or music player) for a purpose that is not otherwise prohibited.

An officer can pull you over and issue a ticket if you are observed texting while driving or using a cell phone without Bluetooth or headset. This charge carries a fine of $75 for a first offense, $100 for a second offense, $125 for a third offense, and $150 for a fourth or subsequent offense. It is a moving violation for the first offense for all drivers including CDL holders. A conviction can result in a loss of driving privileges and increased auto insurance premiums.

If you were ticketed with using an electronic communication device while driving after being involved in an accident that resulted in someone's great bodily harm, disability, disfigurement, or death, this is considered aggravated use of an electronic communication device. This is a Class A misdemeanor, unless the violation caused someone's death, in which case it is a Class 4 felony.

Contact an Elmhurst Traffic Violation Defense Attorney

The attorneys of Kathryn L. Harry & Associates, P.C. are skilled in defending texting while driving tickets, especially with teenagers in Graduated Driver's License programs and bus drivers, for whom using a cell phone while driving is totally prohibited. Our team can help you keep your driving privileges and protect your rights, working to avoid any conviction on your driving record. Contact a DuPage County texting while driving defense lawyer at 630-472-9700 to schedule a free initial consultation. We represent clients in Downers Grove, Wheaton, Lombard, Hinsdale, Willowbrook, Western Springs, Burr Ridge, and surrounding areas.