Illinois has regulations regarding the use of cell phones while driving. It is one of the few states that allow localities / jurisdictions to determine their own laws regarding the use of cell phone while driving. Chicago is one of the cities within the state of Illinois that has chosen to enact hands free legislation and make driving while using the handset of a cell phone illegal.

The state as a whole in IL has passed a law that will be enacted January 1, 2008 that prohibits drivers under the age of 19 from using a cellular device or any type of handheld communication device while operating a motor vehicle.

This new law is listed under 625 ILCS 5/12-610.1 which is titled Wireless telephones.

(a) As used in this Section, “wireless telephone” means a device that is capable of transmitting or receiving telephonic communications without a wire connecting the device to the telephone network.

(b) A person under the age of 19 years old who holds an instruction permit or a person under the age of 19 who holds a graduated license may not drive a vehicle on a roadway while using a wireless phone.

(c) This section does not apply to a person under the age of 19 using a wireless telephone for emergency purposes, including but not limited to, an emergency call to law enforcement, health care provider, fire department or other emergency services or agency or entity.

Our understanding is that in Chicago a cell phone ticket, for using the handset while driving instead of a hands free device, comes with a $50 fine per infraction. If the violation takes place "at the time of a traffic accident," the fine will quadruple to $200. It is our understanding that since this cell phone law is not state wide that there are not points associated with it.

Until the new cell phone law takes effect in 2008 the current law is for persons under age 18 and states that they are prohibited from using a cell phone while driving except in an emergency. This violation comes with 10 points assessed to your driving record.

To find out about DMV points related to a cell phone related violations in Illinois and if points are assigned how long they stay on your driving record contact the IL Secretary of State (SOS).