Illinois has joined several other states in enacting a new cellphone law that does not allow handheld phones while driving. Fines will range from $75 for first offense and up. Most area police departments have stressed that this law is not going to be used to “get” people but rather to keep streets safer. Be mindful that while many violators of this new law will be issued warnings in January until drivers become familiar with the law, that doesn’t mean that tickets won’t be issued. Also, just like with seat belt laws and registration laws, it is a reason police can pull drivers over. This means that if you are driving without insurance, without a license, with an outstanding warrant or committing any other offense, police can and will pull you over for using a handheld phone while driving which will lead to your arrest if you are committing another criminal offense at the same time.
So what does this law mean for drivers?
- You can wear a hands-free or voice-operated headset like a Bluetooth but you must have one ear free of any device.
- You cannot dial your cellphone while driving, even if it is just for a quick second to call someone before putting on speaker. If you are holding and manipulating a device for any reason, you are in violation.
- You can press a single button to start or end a call as long as long as your conversation is not handheld.
- You can use your handheld phone to call 911 but be sure if that is your defense the officer will want to verify that by looking at your phone.
- Having a cell phone that does not have speaker capabilities is not a valid defense.
- Passengers in the vehicle can use a handheld phone or device without restrictions unless it is interfering with the driver.
If you have questions about this or any other legal matter, or would like to schedule a free initial consultation, please contact Waltz, Palmer & Dawson, LLC at (847)253-8800 or contact us online.
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