In Illinois the use of an electronic devise to compose, send or receive a message (texting) while driving is against the law. Anybody who has texted and driven at the same time can appreciate the danger involved, as driving a motor vehicle requires you to keep your eyes directed at the road ahead and looking at a computer screen as you read or type prevents you from watching the road.
The National Safety Council states that texting while driving increases your chances of being in a car crash by 23 times and that over 100,000 accidents a year involve someone who is texting. The use of texting while driving is widespread as 49% of adult drivers admit to texting while driving as do 43% of teens.
As with any Illinois traffic ticket you should always request a trial and bring a good attorney with you to court.
Fee free to contact me for a no obligation telephone consultation.
Below is the full text of the Illinois statute regarding texting and electronic communication:
(625 ILCS 5/12-610.2)
Sec. 12-610.2. Electronic communication devices. (a) As used in this Section: "Electronic communication device" means an electronic device, including but not limited to a wireless telephone, personal digital assistant, or a portable or mobile computer while being used for the purpose of composing, reading, or sending an electronic message, but does not include a global positioning system or navigation system or a device that is physically or electronically integrated into the motor vehicle. "Electronic message" means a self-contained piece of digital communication that is designed or intended to be transmitted between physical devices. "Electronic message" includes, but is not limited to electronic mail, a text message, an instant message, a digital photograph, a video, or a command or request to access an Internet site. (b) A person may not operate a motor vehicle on a roadway while using an electronic communication device to compose, send, or read an electronic message. (c) A violation of this Section is an offense against traffic regulations governing the movement of vehicles. (d) This Section does not apply to: (1) a law enforcement officer or operator of an
emergency vehicle while performing his or her official duties;
(2) a driver using an electronic communication device
for the sole purpose of reporting an emergency situation and continued communication with emergency personnel during the emergency situation;
(3) a driver using an electronic communication device
in hands-free or voice-operated mode;
(4) a driver of a commercial motor vehicle reading a
message displayed on a permanently installed communication device designed for a commercial motor vehicle with a screen that does not exceed 10 inches tall by 10 inches wide in size;
(5) a driver using an electronic communication device
while parked on the shoulder of a roadway; or
(6) a driver using an electronic communication device
when the vehicle is stopped due to normal traffic being obstructed and the driver has the motor vehicle transmission in neutral or park.
