Illinois’s Distracted Driving (Cell Phones & Texting) Laws and Penalties

Illinois has two statutes that cover distracted driving. The first statute bans talking on a cell phone 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.

This article discusses the specifics of what the laws prohibit and the costs and other consequences of a violation.

Ilinois's Distracted Driving Laws

Below we cover the specifics of Illinois's distracted driving laws. Basically, the two different laws cover talking on a cell phone and using an electronic device (for instance, by texting) while driving.

Talking on a Phone While Driving in Illinois

Illinois's cell phone law prohibits motorists who are under 19 years old from using cell phones while driving. The only exception is for emergency situations.

The cell phone law also makes it illegal for all drivers—regardless of age—to use a cell phone while driving:

• through a school speed zone
• through a construction or maintenance speed zone, or
• within 500 feet of an emergency scene.

The cell phone ban that applies to all drivers contains a number of exceptions. The law doesn't apply to:

• voice-operated and hands-free device use
• persons working at the construction or maintenance site
• calls made for emergency purposes, and
• law enforcement and operators of emergency vehicles performing official duties.

However, these exceptions don't come up very often.

Penalties for Cell Phone Violations in Illinois

The possible penalties for a cell phone ticket are:

• First and second violations. A standard first or second cell phone 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. A third or subsequent cell phone violation is a class C misdemeanor, which carries a maximum fine of $1,500. Again, for motorists who pay their tickets without appearing in court, the fine is $120.
• Aggravated cell phone violations. 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. Aggravated violations involving deaths are class 4 felonies. Convicted motorists face one to three years in prison and up to $25,000 in fines.

Traffic Violation Points for Cell Phone Tickets

A cell phone violation will add ten to 30 demerit points to a motorist's driving record.

Illinois's Electronic-Device & Texting Law

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 cell phones, tablets, and laptops. 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.

The electronic-communication-device law contains a number of exceptions. The law doesn't apply to:

• voice-operated and hands-free device use
• electronic device use for emergency purposes
• law enforcement and operators of emergency vehicles performing official duties
• commercial drivers reading messages displayed on permanently installed communication devices that don't exceed a ten-inch squared screen size
• drivers who are stopped due to normal traffic being obstructed and have their vehicle in neutral or park, and
• two-way radios.

Penalties for Texting and Electronic Device Tickets in Illinois

The possible penalties for a violation of the electronic-communication-device law are:

• Standard violations. The maximum fines for standard electronic-communication-device violations are $75 for a first offense, $100 for a second offense, $125 for a third offense, and $150 for a fourth or subsequent offense.
• Aggravated violations. 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. Aggravated violations involving deaths are class 4 felonies. Convicted motorists face one to three years in prison and up to $25,000 in fines.

Traffic Violation Points for Texting Violations

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.

Other Possible Charges for Texting and Cell Phone Offenses

Depending on the circumstances, a cell phone or electronic-device-use violation could also lead to a reckless driving conviction. And for aggravated violations involving deaths, reckless homicide charges are another possibility.