Chicago Criminal Lawyer Blog
As a criminal defense attorney with over 32 years of experience handling traffic and criminal offenses throughout Cook County, DuPage County, Kane County, Lake County, and the greater Chicagoland area, I’ve seen firsthand how aggressively law enforcement officers enforce the Illinois Distracted Driving Cell Phone Law. This blog post will break down everything you need to know about this law—from its purpose and enforcement tactics to the penalties for violations and tips for staying compliant. Whether you’ve already received a ticket or are trying to avoid one, this guide is for you.
What Is the Illinois Distracted Driving Law?
Illinois law prohibits the use of handheld electronic communication devices while driving. This includes talking, texting, browsing the web, checking emails, and using apps on phones, tablets, or other handheld devices.
The primary statute governing this is 625 ILCS 5/12-610.2 which explicitly states that using a handheld device while driving is unlawful unless under specific exceptions, such as:
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Reporting an emergency
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While parked on the shoulder
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Using a hands-free device (only permissible for drivers 19 and older)
Illinois law also prohibits any use of an electronic device in construction zones and school zones, regardless of whether a hands-free device is being used.
The Purpose Behind the Law
Distracted driving has become a leading cause of car accidents and traffic fatalities across the country. The purpose of this law is simple: to reduce crashes caused by inattentive driving behaviors, particularly those involving electronic devices.
According to data from the Illinois Department of Transportation (IDOT), thousands of crashes each year are linked to drivers who are texting, calling, or interacting with mobile devices. Legislators aimed to create a strict and clear legal framework to eliminate this dangerous behavior and increase roadway safety for everyone.
Why Police Are Aggressively Enforcing This Law
If you’ve noticed an uptick in distracted driving citations, you’re not alone. Law enforcement agencies throughout Illinois are aggressively ticketing violators as part of statewide safety campaigns such as “Drop It and Drive.”
Here’s why:
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High accident correlation: Distracted driving is often as dangerous as driving under the influence.
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Preventative enforcement: Police departments are prioritizing distracted driving enforcement to reduce crashes before they happen.
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Revenue and compliance: Fines collected from citations help fund local safety initiatives and increase public awareness through deterrence.
Police officers often watch intersections, highway entrance ramps, and traffic lights where drivers are likely to glance at their phones.
Penalties for Violating the Distracted Driving Law
While the law may seem like a minor traffic offense, the penalties can be surprisingly serious, especially if multiple offenses are involved:
First Offense
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$75 fine (non-criminal offense, but still recorded)
Second Offense
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$100 fine
Third Offense
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$125 fine
Fourth or Subsequent Offenses
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$150 fine
Beyond the fines, there are additional consequences:
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A first offense is now considered a moving violation and will be reported to the Secretary of State and will go on your driving record.
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A second offense or more within 12 months is also a moving violation that will be reported to the Secretary of State.
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Three moving violations within 12 months can result in a license suspension.
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If distracted driving causes an accident resulting in injury or death, you can face misdemeanor or felony criminal charges.
How to Comply With the Law
To stay compliant and avoid a ticket, follow these steps:
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Use Hands-Free Technology
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Use Bluetooth or speakerphone features. Devices must be mounted or dashboard-integrated.
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Drivers under 19 may not use hands-free devices at all.
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Avoid Use in School and Construction Zones
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Even hands-free devices are not permitted when driving through active zones.
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Pull Over Safely to Use Your Device
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If you must send a message or take a call, safely pull off the road and park.
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Know the Exceptions
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Emergency calls (to 911 or law enforcement) are allowed.
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Law enforcement officers and emergency vehicle drivers are generally exempt.
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Be Careful Even When Stopped at Lights
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Courts have upheld citations issued when drivers were using phones at red lights. If you’re on the road—even stopped—you’re still technically “driving.”
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Common Mistakes That Lead to Tickets
Even cautious drivers make innocent errors that can lead to tickets. Here are some to watch for:
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Holding your phone to check GPS, even briefly
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Holding your phone to your ear in traffic
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Reaching for your phone while driving, even if not using it
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Using speakerphone while holding the phone in hand
Remember, it’s holding the device that often leads to a ticket—not just using it.
What to Do If You Get a Distracted Driving Ticket
If you receive a citation for distracted driving in Illinois, don’t panic. As a seasoned criminal defense attorney who has successfully handled hundreds of traffic-related cases, I can help mitigate the consequences.
You have legal options:
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Supervision: First-time offenders may be eligible for court supervision, which keeps the ticket off your record.
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Challenge the Citation: If the officer lacked evidence or misinterpreted the law, I can help you contest the charge.
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Negotiate a Reduction: I often negotiate with prosecutors to reduce fines or dismiss charges, especially if you have a clean driving history.
Why Hire an Experienced Traffic Lawyer?
Having an experienced criminal and traffic defense lawyer like myself on your side can make a significant difference in the outcome of your case. I’ve spent nearly three decades defending drivers in courts across the state and have built strong relationships with local judges and prosecutors. I understand how traffic law works in practice—not just theory.
As a Top 10 Criminal Defense Attorney in Illinois and one of the Best Criminal Defense Lawyers in Chicago, I bring the skill, dedication, and insight needed to resolve your case in the most favorable way possible.
Final Thoughts: Stay Safe and Legal
The Illinois Distracted Driving Cell Phone Law is one of the most strictly enforced traffic laws in the state. Avoiding a ticket is about more than just avoiding a fine—it’s about protecting your driving record and staying safe behind the wheel.
James Dimeas, is a nationally-recognized, award-winning, criminal defense lawyer, with over-32 years of experience handling Distracted Driving tickets in Chicago, Cook County, DuPage County, Kane County, and Lake County. Recently, James Dimeas was named a “Top 100 Criminal Defense Lawyer in the State of Illinois for the Year” by the American Society of Legal Advocates. James Dimeas was named a “Best DUI Attorney” and a “Best Criminal Defense Lawyer in Chicago” by Expertise. James Dimeas was named a “Top 100 Criminal Defense Trial Lawyer” by the National Trial Lawyers. The National Academy of Criminal Defense Attorneys awarded James Dimeas the “Top 10 Attorney Award for the State of Illinois.” James Dimeas is rated “Superb” by AVVO, the highest classification possible for any criminal defense lawyer in the United States. The American Institute of Criminal Law Attorneys recognized James Dimeas as a “10 Best Attorney for Client Satisfaction.” Attorney and Practice Magazine gave James Dimeas the “Top 10 Criminal Defense Attorney Award for Illinois.
If you’ve received a ticket or are facing charges, don’t go it alone. Contact James Dimeas, at 847-807-7405 or fill out our online form for a free consultation. Let’s work together to protect your record, your license, and your future!
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