Charles A. Rohde

Attorney-at-law
The Rohde Law Office
Addison, Illinois

Founding Partner
Cody, Mitacek & Rohde
1999-2006

Traffic Defense

2010 - New Driving while Texting Law

In 2010 Illinois has passed a law making it illegal to text or send electronic messages while driving. While distracted driving is never a good idea, it is worth noting that a number of points that the law does not cover: GPS or navigation systems, iPods or other MP3 music players or devices that are part of the vehicle itself (such as a DVD player). Nor does it cover scrolling through one’s phone in order to find a phone number in an address book or scrolling through one’s personal device to review a calendar or task list. The statute also specifically states that this law counts as a moving violation.

If you are charged under this law, I encourage you to consult me at no cost to plot your best course of action on defending yourself against this ticket.

(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.)

DuPage County Traffic Courts

There are 4 traffic courts located in the Dupage County:

Addison Field Court
Downers Grove Field Court
Glendale Heights Field Court
Wheaton Field Court

Click any of the links for more information and location.