625 ILCS 5/12-610.2 – Electronic Communication Devices (Texting While Driving)
This law says drivers cannot use phones or other devices to text, watch videos, or use social media while driving.
This Illinois law makes it illegal to use a phone or other electronic device while driving unless it’s hands-free. People who cause accidents because of it can face serious punishment or even felony charges if someone is hurt or killed.
(a) “Electronic communication device” means things like cell phones, tablets, or portable computers, but it does not include GPS, navigation systems, or anything built into the car itself.
(b) You cannot drive while using an electronic device to text, watch or stream videos, attend video calls, or go on social media apps like Facebook, Snapchat, or Instagram. The normal hands-free exceptions do not apply if you are using the device for those purposes.
(b-5) If you break this rule and cause a crash that seriously injures or kills someone, and your device use caused it, that is called “aggravated use” and brings tougher penalties.
(c) This is a traffic offense. The fines are:
- First offense – up to $75
- Second offense – up to $100
- Third offense – up to $125
- Fourth or later offense – up to $150
If someone commits aggravated use under (b-5), the fine is at least $1,000.
(d) This rule does not apply to:
- (1) Police officers or emergency vehicle drivers doing their jobs.
- (1.5) First responders using their personal car to get emergency information while going to help.
- (2) Drivers calling or talking to get help during an emergency.
- (3) Drivers using voice command or hands-free devices like headsets.
- (4) Commercial drivers reading messages on built-in truck screens under 10 inches.
- (5) Drivers parked on the shoulder.
- (6) Drivers stopped in traffic with the car in neutral or park.
- (7) Drivers using CB or two-way radios.
- (8) HAM radio users with FCC licenses.
- (9) Drivers pressing one button to start or end a call.
- (10) Drivers using multifunction devices (like dispatch or music systems) for allowed purposes.
(e) Sentence: If you cause serious injury by violating (b-5), it’s a Class A misdemeanor. If your actions cause someone’s death, it’s a Class 4 felony.
Contact us online or call (314) 900-HELP to talk with a Southern Illinois criminal defense lawyer.
