Our Blog: Traffic & DUI

If you’re using your cell phone, texting, or another electronic communication device while driving right now, you’re in violation of Illinois law.

According to the National Safety Council, cell phone use while driving leads to 1.6 million crashes annually.  A person may not operate a motor vehicle on an Illinois roadway while using an electronic communication device.  Illinois law defines an electronic communication device as including cellular phones, hand-held personal digital assistants, a portable or mobile computer, but does not include a GPS or navigation system or a device that is physically a part of the motor vehicle.

While previously illegal in …

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In Illinois, it is unlawful for a person to be driving OR in actual physical control of a motor vehicle while under the influence.

Under Illinois law, the phrase “actual physical control” means that a person was in the vehicle with the ignition key and able to exercise physical control over the vehicle by starting the engine and causing the vehicle to move. It is not necessary that you be actually driving the vehicle.

This means if you are in your car and have the “ability” to start the car and cause it to move, you can be charged …

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Starting July 1, 2019 drivers caught texting will be issued a moving violation that will go on their driving record. Three or more moving violation convictions within a 12 month period may result in license suspension. Anyone convicted of three moving violations in a 12-month period may have their license suspended.

Under the current law, a first offense for texting while driving is a non-moving violation and doesn’t affect a person’s driving record.