What Are the Penalties for Texting While Driving?

DuPage County distracted driving lawyerThis month, Illinois state troopers are cracking down on distracted driving. April is distracted driving month, and considering the recent trooper deaths, there is expected to be much more enforcement.

First, if you are pulled over for distracted driving, the best thing to do is contact an attorney who regularly fights these tickets. Contact an attorney at Ramsell and Associates right now and have a free consultation.

There are some tickets the police will be focusing on.

The law for “Texting while driving” is codified in Electronic Communication Devices is 625 ILCS 5/12-610.2. The statute states: “A person may not operate a motor vehicle on a roadway while using an electronic communication device.”

There are a few exceptions. For one, this does not apply to voice-activated, hands-free devices. Next, if you are a police officer or a first responder, then the law does not apply to you. Or if you are reporting an emergency, or if your vehicle is stopped on the side of the road, or if you are stopped due to traffic and the car is in neutral or park, you can use an electronic device. Lastly, there are certain exceptions: for example, if you are using a band radio or two way communication devices.

A driver caught violating this statute will be guilty of a petty offense. A petty offense is a non-moving violation. However, the fines go up each subsequent time. The first offense is $75, a second $100, a third $125, and then $150 for the fourth or subsequent offense after.

A person will have committed a Class A misdemeanor if the violation resulted in great bodily harm, permanent disability, or disfigurement to another. A class 4 felony is if the violation resulted in the death of another person. You will need to contact an experienced and aggressive Wheaton traffic offenses attorney if there has been an accident or death. Call Ramsell and Associates now for a free consultation.

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