What Are The Penalties For Distracted Driving In Illinois?

According to Illinois’ Distracted Driving Law, it’s against the law to operate a vehicle while using hand-held mobile phones, engaging in texting or utilizing other forms of electronic communication. However, drivers who are 19 years of age or older may use hands-free devices or Bluetooth technology.

It’s important to note that even when employing hands-free technology, the act of making a phone call can be a distraction and pose risks while driving. Therefore, it’s advisable to pull over safely before making any phone calls, even with the use of hands-free devices.

The exceptions to this rule in Illinois allow for the use of non-hands-free cell phones in specific situations:

• In the event of reporting an emergency.
• When the vehicle is parked on the roadside shoulder.
• If the vehicle is stopped in traffic due to a blockage and is either in neutral or in park.

Additionally, Illinois imposes strict penalties, including potential criminal charges and imprisonment, for drivers who cause accidents as a result of distracted driving.

Penalties For Distracted Driving In Illinois

In Illinois, the laws regarding distracted driving, especially the use of electronic communication devices while operating a motor vehicle, are stringent and aim to enhance road safety. According to Section 12-610.2 of the Illinois Compiled Statutes (625 ILCS 5/12-610.2), there are clear guidelines and penalties associated with the use of such devices while driving.

The term “electronic communication device” encompasses a range of devices, including hand-held wireless telephones, personal digital assistants, tablets, and portable or mobile computers. However, it excludes devices like GPS or navigation systems that are integrated into the vehicle.

The law explicitly prohibits the operation of a motor vehicle while using any electronic communication device for activities such as watching or streaming videos, engaging in video conferencing (including platforms like Microsoft Teams, Zoom, or WebEx), or accessing social media sites (like Facebook, Snapchat, Instagram, or Twitter). Importantly, exceptions to this rule, as detailed in paragraphs (3) and (9) of subsection (d), do not apply to these specific prohibited activities.

A significant aspect of this law is the concept of “aggravated use of an electronic communication device.” This is defined as a situation where a driver while violating the aforementioned rule, is involved in a motor vehicle crash that results in great bodily harm, permanent disability, disfigurement, or death to another person, and the violation is a proximate cause of the injury or death.

In terms of penalties, a violation of this section is considered an offense against traffic regulations governing vehicle movement. Fines are scaled based on the frequency of offenses: $75 for the first offense, $100 for the second, $125 for the third, and $150 for the fourth or subsequent offenses. However, in cases of aggravated use (as defined in subsection (b-5)), the minimum fine is significantly higher, at $1,000.

A few exemptions to this rule, include:

• Law enforcement officers or emergency vehicle operators performing official duties.
• First responders using their personal motor vehicles to receive emergency information en route to their duties.
• Drivers reporting an emergency and maintaining communication with emergency personnel.
• Drivers using devices in hands-free or voice-operated mode.
• Drivers using devices while parked on the roadside shoulder.
• Drivers using devices when traffic is obstructed and the vehicle is in neutral or park.
• Drivers using two-way or citizen band radio services.
• Drivers using devices with a single-button voice communication.

Finally, in terms of criminal penalties, a person convicted of violating subsection (b-5) faces a Class A misdemeanor if the violation results in great bodily harm, permanent disability, or disfigurement. A Class A misdemeanor is punishable with legal fines, up to one year in jail, and no more than two years of probation. If the violation results in death, it is classified as a Class 4 felony.

The term of imprisonment for Class 4 felonies ranges from a minimum of one year to a maximum of three years. In cases of an extended term Class 4 felony, as outlined in Section 5-8-2 (730 ILCS 5/5-8-2), the imprisonment term will be set between a minimum of three years and a maximum of six years.

These laws are a testament to Illinois’ proactive stance in promoting road safety by minimizing driver distractions. By enforcing such regulations, the state aims to mitigate the risks associated with the use of electronic devices while driving, a common cause of accidents and road mishaps. The stringent measures, including hefty fines and potential criminal charges, serve as a deterrent to prevent negligent behavior behind the wheel.

Furthermore, these rules also educate drivers about the dangers of divided attention on the road, encouraging a culture of responsible and attentive driving. This not only protects the drivers themselves but also ensures the safety of passengers, pedestrians, and other road users. Overall, these laws are part of a comprehensive approach to fostering safer driving habits, reducing accident rates, and creating a more secure road environment in Illinois.

Call Our Boone County Car Accident Attorneys to Begin Your Claim!

If you or a loved one sustained injuries in a car accident due to another’s negligence, it’s very important that you protect your valuable legal rights. The Boone County car accident lawyers at Fisk & Monteleone LTD stand prepared to offer the experience required to handle your car accident claim.

Contact our Boone County car accident attorneys at 815-962-0044 for your free injury consultation. Act quickly, because Illinois law limits the time you have to file your claim. Remember, there’s No Risk, Call Fisk! Let Fisk & Monteleone LTD help you obtain just financial compensation for your damages.