Cell Phone Ticket Lawyer in Chicago
Illinois takes distracted driving seriously, but you do not have to face a cell phone ticket. We can help you fight the charge and avoid costly penalties.
At Kovacevic Law, our Chicago cell phone ticket attorneys offer straightforward and affordable legal help to drivers in Chicago and the surrounding suburbs. Because Illinois now treats handheld cell phone use as a moving violation, keeping this ticket off your record is more important than ever, especially if you rely on your license for work. If you received a cell phone ticket, contact our team for a free consultation so we can review your case and explain your options.
Illinois has strengthened its laws on distracted driving. As of July 1, 2019, House Bill 4846 changed how the state handles violations involving handheld cell phone use. Under the updated texting and driving law (625 ILCS 5/12-610.2), a first-time offense for using a handheld device while driving is now considered a moving violation. This means a cell phone ticket will go on your driving record, and too many moving violations can lead to a license suspension. Before this change, first-time cell phone offenses were treated as non-moving violations, so the new law carries much more serious consequences.
Understanding What Is Legal & Illegal When Using a Cell Phone Behind the Wheel
What Is Illegal?
Illinois law is strict when it comes to using a cell phone while driving. In most situations, simply touching your phone while the vehicle is in motion is considered illegal. Many drivers try to explain what they were doing, but the following explanations are not valid legal defenses in Illinois:
- “I was not texting.”
- “I was not talking on the phone.”
- “I was only holding the phone.”
- “I was using speakerphone.”
- “I was just checking the time.”
- “I was using the map app for directions.”
- “I was dialing a number for a hands-free call.”
- “I was only changing the music.”
Not only do these statements fail to excuse the violation, but they can also work against you because they admit that the phone was in your hand. Even using your phone to look at directions is not permitted if you are holding the device.
The rule is simple: if the vehicle is in gear and you are touching your phone or holding it, you are likely breaking the law.
What is Legal?
Although Illinois has some of the toughest cell phone laws in the country, there are a few situations where using a phone behind the wheel is allowed. You may legally use your phone while driving if one of the following exceptions applies:
- You are using the phone to call for emergency help, such as dialing 911
- You are using a hands-free system or a headset
- You are parked on the shoulder of the road
- You are stopped in traffic with your vehicle in park or neutral
- You are using a device that has a single button to start or end a call
If you received a cell phone ticket in Illinois and believe you fall under one of these exceptions, contact Kovacevic Law. Our Chicago cell phone ticket attorneys can review your case and help protect your rights.
For a free legal consultation with a Criminal Defense lawyer serving the Chicagoland area, call (312) 344-3340.
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Frequently asked questions
Before you decide on how to handle your cell phone ticket, review these frequently asked questions about cell phone tickets in the Chicagoland area.
What are the penalties for a cell phone ticket in Illinois?
Illinois uses a graduated fine system for cell phone violations. Fines start at $75 dollars for a first offense, increase to $100 dollars for a second offense, $125 dollars for a third, and $150 dollars for a fourth. These amounts do not include court fees or administrative costs, which can bring the total to $300 to $400 dollars or more. Because handheld cell phone use is now a moving violation, your driving record matters. Too many moving violations can result in a license suspension.
Can a cell phone ticket affect my driver’s license?
Yes, a cell phone ticket can affect your drivers license. Since Illinois treats cell phone tickets as moving violations, a conviction goes on your driving record. If you accumulate too many moving violations in a 12-month period, the Illinois Secretary of State can suspend your license. Even a single ticket can push you closer to suspension if you already have recent violations.
What happens if I am a commercial driver and receive a cell phone ticket?
CDL holders face much stricter rules. A handheld cell phone violation is a serious offense for commercial drivers under both state and federal regulations. Even one ticket can lead to a CDL disqualification, which can jeopardize your job. CDL drivers should never simply pay a cell phone ticket without speaking to an experienced attorney who handles CDL moving violations.
Should I just pay my cell phone ticket and move on?
Paying the ticket is the same as pleading guilty, so you should only do that if you are prepared to accept a conviction. Some drivers may be eligible for court supervision instead, which prevents a conviction if you meet certain requirements such as completing online traffic school. Before you choose an option, it is important to understand how the ticket will affect your record. Kovacevic Law can review your situation for free and help you determine the best approach.
Is court supervision available for cell phone tickets in Illinois?
In many cases, yes. Court supervision can be offered by the court and may be available if you meet eligibility requirements. It allows you to avoid a conviction if you complete the assigned conditions. However, supervision is not available in every case, and it is never advisable for CDL drivers because it can still result in a CDL disqualification. We can help you understand whether supervision is the right choice for your situation.