WHAT IS DISTRACTED DRIVING IN ILLINOIS?

According to the National Highway Traffic Safety Administration, distracted driving killed 3,308 people in 2022.  But what exactly is distracted driving?

In Illinois, you may not drive while using a wireless telephone or electronic communication device. This includes streaming video, taking part in a video conference such as Zoom or accessing social media. A violation may result in a fine.  However, your violation can become a Class A Misdemeanor if it caused great bodily harm, permanent disability or disfigurement and a Class 4 Felony if it caused death.

An electronic communication device includes handheld phones or computers, but not a GPS that is integrated into the car’s system. Wireless telephones means a device that can transmit or receive communications without a wire connecting the device to the telephone network.

It is not an offense if you use an electronic device and/or wireless telephone:

*to report an emergency;

*in hands-free or voice-operated mode, which may include the use of a headset.  This exception does not allow you to stream video, go on Zoom or access social media.

* in driving a commercial motor vehicle when you are  reading messages displayed on a permanently installed device;

* when parked on the shoulder of a roadway;

* when stopped due to normal traffic being obstructed and your car is in neutral or park;

* when using two-way or citizens band radio services or  two-way mobile radio transmitters or receivers for licensees of the Federal Communications Commission in the amateur radio service;

*  to press a single button to initiate or terminate voice communication. This exception does not allow you to stream video, go on Zoom or access social media.

Certain other rules apply to the use of wireless telephones concerning where you use them and whether you are under age 18.

If you are charged with a violation, contact an experienced attorney immediately.  An attorney can review your case for your best possible defense.  As with most crimes, the state must prove all elements of the offense beyond a reasonable doubt.  Did your use of the device cause the accident?  Does one of the exceptions apply to you?  Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

Reference:  625 ILCS 5/12-610.1   and 625 ILCS 5/12-610.2.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)