St. Charles, IL Texting and Driving Defense Attorneys

Experienced Texting and Driving Defense Lawyers Advocating for Clients in St. Charles, Illinois

Many people struggle to ignore their phones, even when they are behind the wheel. Checking your phone, reading and responding to text messages, or performing other activities may not seem too distracting, but these practices can lead to dangerous car accidents. Because of the risks, texting while driving is treated as a serious violation of traffic safety laws.

Violations for using electronic devices while behind the wheel can lead to fines and points on a driver's record, and in some cases, they may even result in criminal charges. Drivers in St. Charles who are cited or arrested for texting while driving will need to understand the potential consequences and their legal options for defending against these charges.

At Ramsell & Kunowski, L.L.C., our innovative lawyers have multiple decades of experience helping clients address criminal charges, including traffic offenses. We can provide representation as you address charges involving cell phone use, texting, and other forms of distracted driving. Whether you are facing a first-time offense or a more serious violation, we can help you navigate the legal process and protect against serious penalties.

Illinois Law on Electronic Device Use While Driving

In Illinois, it is unlawful for a driver to operate a motor vehicle while using an electronic communication device. These devices may include handheld cell phones, tablets, laptops, portable gaming systems, or other devices that can access the internet or send and receive messages. The law prohibits actions such as:

• Sending or reading text messages
• Browsing the internet or using social media apps
• Holding a phone to make or receive a call
• Viewing videos or streaming content
• Using apps such as FaceTime, Zoom, or Skype to participate in video calls or conferences

There are a few exceptions to these restrictions. Drivers over the age of 18 can use hands-free devices to make phone calls. A driver can use a phone or electronic device to report an emergency. GPS devices that are integrated into a vehicle can typically be used.

Penalties for Texting While Driving

In most cases, texting while driving is a traffic violation that will result in fines and points on a person's driving record. The standard penalties are as follows:

• First offense: $75 fine
• Second offense: $100 fine
• Third offense: $125 fine
• Fourth and subsequent offenses: $150 fine

After three moving violations within 12 months, a driver may face a driver's license suspension.

Aggravated Use of an Electronic Communication Device

In some situations, texting while driving can result in criminal charges. A person who uses an electronic device while driving and is involved in a motor vehicle accident that results in serious injuries or permanent disabilities may be charged with a Class A misdemeanor, and if they are convicted, they could face a fine as high as $2,500 and a potential sentence of as much as one year in jail. If texting while driving led to an accident in which someone was killed, a person may be charged with a Class 4 felony, and they could be sentenced to between ond and three years in prison and fined as much as $25,000.

How Ramsell & Kunowski, L.L.C. Can Help Defend Against Texting While Driving Charges

Our attorneys will closely review cases involving texting and driving to determine the best ways of defending against a misdemeanor or felony conviction. Possible defense strategies may include:

• Challenging the Officer's Observations: We may question whether an officer actually witnessed a person using an electronic device while driving. We may be able to show that a person briefly held a device but did not use it to engage in prohibited activities.
• Demonstrating Hands-Free Usage: We may be able to demonstrate that a driver was using a voice command system or a dashboard-integrated feature and that they were not using devices in ways that would cause distractions.
• Establishing an Emergency Exception: We may argue that a driver was using a cell phone in a permitted manner to contact emergency services.
• Disputing Causation of an Accident: We may argue that the use of a phone or other device was not the cause of an injury in a collision.

Contact Our St. Charles Texting While Driving Defense Lawyers

If you are facing a criminal charge for using an electronic device while driving, you need an attorney who understands the law to help you defend against a conviction and protect your record. At Ramsell & Kunowski, L.L.C., we are here to help you resolve these matters while minimizing the penalties that could affect your driver's license and your life as a whole. Contact our attorneys at 630-786-6062 to schedule a free consultation.