Know Your Rights: Protecting Yourself & Your Driver’s License From Violations of Illinois’ “Text Message Ban”

Every year there is a familiar clamor from Springfield to crack down on perceived social ills on Illinois roadways, and this year involves a law that will target most cell phone users directly: Illinois’ ban on the use of “electronic communication devices” to send and receive “electronic messages.” While it is hard to dispute that distracted driving doesn’t contribute to causing auto accidents, there are many seemingly innocent ways that one can inadvertently violate the law.

The purpose of this article is to alert you, the reader, as to 1) what conduct is prohibited, 2) what the potential legal ramifications are for your license, and 3) what steps you can take to ensure the same flow of information through electronic devices while obeying the new law.

The New Law

The “Text Message Ban” law is found under 625 ILCS 5/12-610.2. The law expressly prohibits composing, sending, or reading “electronic messages” using an “electronic communication device” while operating a motor vehicle on a roadway. So, what exactly is an “electronic communication device” or an “electronic message?” The relevant statute defines an “electronic communication device” to include, but not be limited to, cell phones and mobile computers. An “electronic message” under the statute itself “includes, but is not limited to electronic mail, a text message, an instant message, or a command or request to access an internet site.”

This presents something of a problem for the cell phone user who simply wishes to use his or her phone just to talk to people. The law could be interpreted to include digital phone calls! This interpretation would give police officers probable cause to stop you and issue a ticket just for seeing you speaking on your phone while driving your car!

Legal impact on you and your license

A “Text Message Ban” violation has several legal ramifications to a motorist. The first and most obvious consequence is the fine, typically $75.00 dollars. The second and more serious consequence is the potential effect that a “Text Message Ban” ticket can have on your license. The Illinois Legislature has explicitly classified violations of the text message ban as a moving offense under Illinois law. This is the same classification possessed by speeding or failure to yield offenses. What it means is that if you are over 21 years of age and are convicted three times of any combination of moving offenses within one year, you could face revocation of your driver’s license. If you are under 21 years of age and are convicted two times of any combination of moving offenses within one year, you could face revocation of your driver’s license. A final consequence is that police will have yet another “legal” reason to stop your vehicle, in this case for simply holding a cell phone to your ear, potentially leading to other criminal investigations involving motor vehicles, such as driving under the influence or drug possession.

Protecting Yourself

So how do you protect yourself from this law? An extreme approach would be to simply not use your cell phone at all while in a motor vehicle with a started engine. However, you can take advantage of certain exceptions in the law that allow you to communicate with others electronically while operating a vehicle without running afoul of the law. One exception allows you to use electronic communication devices while parked on a shoulder or in traffic if the car is stopped and placed into park or neutral. You can also use electronic devices to report emergency situations to emergency personnel, even if the car is moving. A key exception explicitly allows for the use of any electronic communication device that does not involve the use of hands, such as a Bluetooth headset or SYNC mobile system that operates your phone through your car speakers. The “Text Message Ban” law also does not apply to any device that is physically and electronically integrated with your vehicle, including navigation systems. Essentially, you can use any device that is hands free OR is physically or electronically integrated into your car (such as an in-dash computer) while the car is moving without violating the “Text Message Ban” law.

Uncharted Territory

While the application of the “Text Message Ban” law is open to interpretation, the likely enforcement of this law will be to ticket people for using typing features of their phones while driving. That said, the pace of technology may soon render the “Text Message Ban” law obsolete. For example, ISpeech.org offers an application for use on the Blackberry that reads your test messages and emails out loud. It will be interesting to see whether use of these types of applications will permit a driver to legally email or text – and whether hands-free devices will protect drivers from the reach of this statute. This way users can speak their “text messages” into their phone and send them just like a text message. The “audio message” would be sent and could be played by the recipient much like a text message is read. As technology adapts, text messages may be replaced or supplemented by the “audio message” that a driver will record and then send to another person’s phone. While the new law would appear on its face to ban such use, it would be difficult for the government (prosecutors) to argue that driving and sending audio messages is any more distracting than driving and talking. In order to outlaw audio messages, the government may need to ban any form of driving and talking all-together. Yikes! Ultimately, drivers may be required to use a hands-free device when sending audio messages - just as Chicago has required the use of a hands-free device when a driver is talking on a mobile phone.

While this new “Text Message Ban” law remains untested in Illinois courtrooms, this article should provide the reader with useful information to ensure that they can comply with the law. As a driver using a mobile device, this article should increase your awareness of the consequences of a violation of the “Text Message Ban” law. This article does not constitute legal advice. Speaking with an experienced attorney is critical to assessing your rights in a specific situation or set of facts.

(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, 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 activated mode; or

(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.

(Source: P.A. 96 130, eff. 1 1 10.)

ABOUT THE AUTHOR: Matthew Sperry, Attorney at Law
Matthew B. Sperry is a passionate advocate who is dedicated to protecting the rights and advancing the interests of his clients. Matthew will give you an honest evaluation of your case and identify how your case can best be fought.

Matthew has successfully defended clients who were charged with Domestic Battery, DUI, Disorderly Conduct, Possession of Drug Paraphernalia, Possession of Alcohol by a Minor, and Possession of Marijuana. Matthew has successfully had charges reduced from felonies to misdemeanors and obtained supervision sentences for clients as well.

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While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.