Q: I got a ticket in IL for cell phone use while driving when my phone was turned off due to non payment should i fight it?
I have the over due notice for my account and the receipt of when i made payment (20 minutes or so later) which i was on my way to do when i got pulled over for this citation!
A:
Hello Asker,
It may very well be a successful defense under the statute. If they are charging you under 625 ILCS 5/12-610.2 (link provided here: http://ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K12-610.2), your use of the cell phone may fall under subsection (d) which seems to allow use of such devices for non-communication purposes. It goes without saying that you will need to at a minimum provide proof to the court that your phone was inoperable during that time from the cell phone provider which would show the impossibility of using it as a electronic communication device. You certainly would want to have your time stamped receipt which would provide documentation to show that you paid to reactivate your service AFTER the ticket was issued.
Please understand that in spite of this, there is no guarantee that this defense will prevent you from being found guilty as I have not argued this point in court. I merely wish to point out that subsection (d)'s exceptions are probably your best bet to argue a defense because they specifically provide reasons why someone would NOT be guilty under this specific statute if that is the one you were charged with.
DISCLAIMER: This comment is not intended to be legal advice specific to your case.
Hope that helps and let me know if you have any questions!
Sincerely,
Jason A. Wilkins
Traffic Attorney
(630) 445-2293
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