Parking Ticket 101: Fighting Cell Phone, Texting Tickets
Back in 2005, the Chicago City Council passed a controversial law prohibiting motorists from using a cell phone without a hands free device back.
It was one of the country’s earliest municipal bans on driving while using a cell phone without a hands free device and it was not without controversy. Some people embraced the move, while others felt it was just another strategy to generate more revenue for the city.
The law was changed in 2008 to take it from being adjudicated as a moving violation and making it essentially the equivalent of a parking ticket or red light camera violation.
Since 2005, tens of thousands of drivers in Chicago have been slapped with a $100 ticket for driving with a cell phone up to their ear.
But there are ways to avoid cell phone driving tickets as well as fighting them successfully when they’re issued improperly.
Avoiding Cell Phone Tickets
The most obvious way to avoid this violation is simply to use a hands free device while driving.
Inexpensive hands free devices go for $40 or even less in some cases. This is a relatively inexpensive investment in reducing or even eliminating the risk of a cell phone ticket.
But drivers should remember, most cell phones have speaker phone capabilities. Even without a headset, you can still talk hands free using the phone’s speaker function.
Another tip would be to pull over out of traffic if you need to take or make an important phone call.
Fighting The Ticket
As with all type of driving or parking tickets, not all are issued properly and in some cases drivers may want to contest this violation.
Perhaps the most important thing to know is that while only police can issue this type of violation, the ticket is not considered a moving violation. Because this cell phone cell violation is more like a parking ticket, the issuing police officer does not show up in court as they would do for a typical traffic violation.
This means, if you feel the ticket was issued improperly, you have a mild advantage in court. It ends up being your word against a written ticket–not a real, living, breathing Chicago police officer.
There are few defenses for this violation. The main one would be that you were in the act of making an emergency phone call to 9-1-1.
The key to beating a cell phone ticket is proving you were not making a phone call on your device at the time of the alleged violation.
Since cell phones these days have a myriad of other uses beyond its principal function as a phone, drivers could theoretically be utilizing their cell phone as a music player, radio or even to record voice memos, an activity which would have the driver speaking into the device. It is certainly a feasible defense that some drivers not engaged in making a phone call, would look like they’re on the phone while using the device for something else.
But perhaps the best way to prove you weren’t making a phone call is to bring in a copy of a cell phone bill with a detailed log of phone calls that shows there was no telephonic activity at the date and time of the violation.
The same is true for being accused of the highly dangerous act of sending a text message while operating a motor vehicle. A phone bill should also document the date and time of text messages. If messaging activity does not correspond to the time and date of the violation, the ticket should be dismissed.
Another defense for this violation would be that your vehicle was not moving and not in gear, which is allowed under the municipal code. Theoretically, if you were stopped at a traffic light and put your car in park, you could legally send a text message or even make a quick phone call. As long as you’re car isn’t in gear, this would be considered legal.
Payment As Defensive Strategy?
At the start of the year, the municipal code changed again. This time, the City Council changed the fine structure for the cell phone violation.
Previously, the fine was a flat $100. Now, the initial fine is still $100 if you decide to plead guilty and just pay. However, if you decide to contest it, if you’re found guilty, the court tacks on an additional $40 court fee. In addition, if the hearing officer sees repeated instances of a driver being ticketed for this offense, a scofflaw driver could face up to as much as a $500 fine if they opt to contest.
The point being is, if you already have a cell phone or texting violation on your record, unless you’re supremely confident in winning the day, it might make sense to avoid a hearing and just pay the $100 fine to avoid potentially higher fines.
Overall, the best strategy for driving more safely and avoiding expensive tickets is to invest in a reliable hands free device for your cell phone and to avoid texting while driving.
I still can’t understand why/how they can charge you for wanting to defend yourself. Force you to basically plead guilty??
If you win, you don’t pay anything.
If you lose, you pay an additional $40 for court fees.
Then what you are saying Geek is the new RLC that took effect on the first of this year which prohibits extra hearing fees just to challenge a case is not applicable? Doesn’t seem fair.
Why would an RLC law apply to a cell phone violation?
The reality is that the RLC law makes RLC tickets an exception. It’s quite common to have to pay “court costs” when you’re found guilty. If you get supervision for a moving violation, you’ll pay court costs (it’s usually a little more over not contesting than traffic school, like $30 vs $20 for traffic school)
GLG,
Unfortunately, the RLC exception for additional court costs does not apply in this case–just to RLC.
It’s a good question on why you don’t pay additional court costs fighting parking or RLC violations but do for cell phone tickets.
It’s almost as if the cell phone ticket is in a Twilight Zone between a moving violation and a parking ticket.
Well I JUST got a ticket MAILED to me foe “texting” while driving!! I was NOT texting I was reviewing my GPS at a red light! I can bring my phone records and prove that. BUT the GPS was on my phone so while I am aware of the “no texting while driving” but I am not sure if it is against the law to look at your GPS on your phone ….ARGH!!! He didnt even pull me over or tell me why he was sending me the ticket. He beeped at me and told me he would mail it to me! So NOW I have to miss a day at work because he THOUGHT I was texting. If I was putting my my mascara and reaching to the floor for a CD….tha’s ok? WOW! really? How many cops do I see driving around blabbing on their phones and smoking on a detail. What about that?
Jennifer,
Did this incident occur in Chicago or somewhere else?
I’m pretty sure if this happened in Chicago or even in Illinois, this type of ticket cannot be mailed. It must be presented in person. Perhaps the Red Light Doctor has thoughts on this? Mr. Fagel…?
The use of a Cell Phone for any reason in a motor vehicle by the operator is something that is ticketable and I believe the RLC’s are allowed to issue that.
However, when you go to contest this…
1. Do it in person.
2. Take a Printed Copy of your Cell phone bill and Highlight the Exact time of your last call before the Date/Time Stamp on the ticket to show that No Calls or Texts were made.
3. Politely but Firmly request to see in Writing the Chicago City ordinance that allows Enforcement of the Cell Phone/Texting Ban by RLC’s.
One Point….
The Use of a Cell Phone for any reason While in a non-Parked Location in a Motor vehicle is prohibited unless you have a Hands Free Device.
Your Phone shouldn’t be in your Hands even if you are stopped at a Light.
Hi Ticket Geek,
I am NOT from Chicago, I came for the weekend to visit some family members and as I was driving I was pulled over for being on the phone . I was not aware of this law, my question to you is do you think that I have a chance of beating this ticket if I contest it?
Dan T.
Your chances are pretty low on beating this.
There are several ways to fight these cell phone tickets.
The most effective way would be to bring in a phone bill showing you were not on the phone at the time listed on the ticket. The phone bill serves as documentation of your phone use. Are you catching my drift here?
Or howabout this. You know our phones can be used for many other things then actually communicating with another human being. You can listen to music or perhaps record a voice message reminder to yourself. Often it looks like you’re making a telephone call but in actuality, you’re using the device in another way. The law does not prohibit this type of use. Perhaps you were using your phone in a way that is NOT prohibited by law?
Just saying.
Both defenses can work.
P.S. I too have a big problem with the idea that you can be on your cell phone outside the city and be perfectly legal and then drive 10 feet over the Chicago border and not be legal. I think it kinda sucks. However, a law pending in Springfield may make it illegal to use a cellphone without a headset or hands free device on ALL Illinois roads.
Of course there are no signs posted at the city limits regarding Chicago’s cell phone law. Its a gotcha law for the tourists! Just like the parking regulations – it only exists to make money.
Pete….It is a State Law…not just a Chicago Law.
The Chicago Ordinance is just stricter than out in the burbs.
Capt., Pete,
Actually, there is no general ban on Illinois roadways against using your cell phone while driving. Commercial truckers are prohibited, no texting is allowed statewide and you can’t be on your phone in a work zone. HOWEVER…there are several bills in Springfield that would change this.
http://handsfreeinfo.com/illinois-cell-phone-laws-legislation
Although, some municipalities have laws restricting using a cell phone without having some sort of hands free device. Chicago (obviously) and I believe Evanston and a few others that I can’t remember.
It should be an unnecessary law. We shouldn’t have to legislate against stupid. But apparently a large enough percentage of the population is too stupid to understand the danger. So.. .bam…
Can’t we just legislate against distracted driving? Now that police cars have cameras, they can follow someone for a few blocks to record their distracted driving (weaving, swerving, etc) and then issue a citation that would be difficult to fight, all the while not bothering people who can talk on the phone without being distracted (yes, It really can be done but many people are just bad at it because they don’t think).
Hi I get lost and park the car at the stop sing corner then made a call to get help then police gave me ticket I argue with him my car in park but he said I can not park on street he asks for insurance than issued no hand free ticket. I plan to fight for it at the court please help
Thang,
If you were ticketed for using your cell phone while the vehicle was in Park, then the ticket should be dismissed.
The municipal code for that violation states you CAN use your cell phone if the vehicle is in park. It doesn’t say you have to be pulled to the curb,it just says in Park.
Look up the municipal code and make that argument to the judge. You should win.
Question – got a ticket for talking on a cell phone (i was). Ticket said that the $100 had to be mailed within 7 days. I think I mailed it after ten days (didn’t have the money til I got my paycheck). City cashed my check. However, there was a hearing (I didn’t appear, having paid the ticket) and I got a Default Order saying that I owed $540.00. I am appealing based on the fact that I paid the $100 and it was cashed. How much will it matter that I paid outside the 7 days??
Christina,
I’m a little rusty in this department, but here’s what I try.
Normally, on a default, you have either 21 or 30 days to come back into court and file a motion to overturn the default. At that point, you can have your hearing.
At the hearing, explain you have already paid the $100 and you should be ok.
So, get your butt back down to Central Hearings on Superior and file your motion. Make sure you bring proof of your payment.
Question- I received a ticket for using a mobile device in the city of Chicago. Was actually on hold and had phone at ear because it was asking me to enter an extension number. Had the blue tooth connected as well. In any event, I will pay the ticket for $120 but will this be reported on my IL driver’s license? Should I enroll in traffic school to prevent the violation from appearing on my record?? Thank you in advance for you help with this matter. No one can tell me.
Susan,
Don’t sweat this ticket. It won’t show up on your record.
To be honest, if I had my bluetooth connected, I would fight the ticket. But that’s just me.
Thanks so much! I’m in pharmaceutical sales so we have to have a clean driving record. I’ve only lived in Chicago a year. He actually took my license and I had to go pick it up at the police station. This particular officer gets people in the same spot every time…as I was pulling into the hair salon. Many people who work there told me the same thing happened to them. I could fight it but I’m worried that the court date will be when I have to be out of town. I appreciate the feedback!
The freedom of information act could be your friend here. You can subpoena lots of available information, such as other citations this officer has written and proper procedures and protocol. If at any point you determine the officer violated any law or department procedure, you can file an official complaint against him. No, it won’t get him fired. But it will at least force him to a hearing to explain himself and hopefully waste some of his time and money, like he’s doing to many other people.
I recieved a ticket about a week and a half ago for being on the cell phone and I got a ticket all I want to know is do I have to go to the hearing? Where can I pay the ticket? This is my first ever ticket givng to me in person. I have recieved 2 others for cameras but I just paid those online. And yes I live in chicago. Any help is much appreciated.
Edwin,
It is my understanding you have two options.
1-Pay the ticket.
2-Go to court and either fight it or agree to pay it.
Read the instructions on the ticket carefully.
Great forum and site here, PTG. Everyone seems pretty responsive here so will give this a bash—my mom was in town visiting, got ticketed for cell phone use while driving. . .we did not have insurance card in our car, so ticketed for that, too.
Problem is it says she must appear in court. . .no option to pay online, and I cannot appear and pay on her behalf.
Sounds fishy, why did they check the “You must appear in room” box and not let her pay by mail. Any idea if this can be changed or is what the officer checks on the ticket written in stone?
Thanks for the expert insight here!
Hi Grandma got pulled over…,
I’m pretty confident if the ticket says “Must appear in court”…she needs to appear in court.
If the ticket was just for being on the cell phone, most likely appearing in court would not be required.
However…the lack of proof of insurance issue is probably what makes the cop to check the “Must Appear” box.
Yes, I know this sucks.
I would not blow this off. You may be able to go down to court and, on her behalf, get a continuance to a date in the future that is more convenient. But, if she does not show up, they’ll most likely issue a bench warrant. The next time she gets pulled over, the cops will put in her jail.
Most grandmas, at least the ones I know, do not enjoy spending time in jail.
First off, wonderful site and blog, “The Parking Ticket Geek”. All the Q&A here gave me enough fire power to fight my ticket which I was incorrectly issued and thankfully beat the city.
Showed up to my court date with my phone call records (calls and texts) of the ticketed day, even though the officer didn’t write down the time and day on my ticket, and they verified my phone number by calling it while I was waiting in the court room.
At first, the degenerates didn’t even give me an option to fight my ticket even though they saw my paperwork in hand. They gave me the $140 option with community service and some other option that I wasn’t paying attention to because I was so livid and because I was fighting the flu.
My advice to everyone, look at your call records. If you have T-Mobile and live in Chicago, T-Mobile posts the times in EASTERN and not Central time. I’ve noticed this with all my statements because there’s certain times where I’m not accessible on my cell phone, yet call records were posted during those times. Hope this helps anyone! And thanks again for this blog, I paid $4 in parking (pretty upset because I paid for an hour and stayed 10 minutes) but saved myself from paying another $140 in fees!
Congrats to you, Fought it and WON!,
GREAT job!
Your victory in court has made my day.
What city or state do you come from where you don’t keep proof of auto insurance In the darn car at all times?
So grandma was driving your car? Did I read that right?
And PTG is 100% correct. She doesn’t show up, and the judge will issue a warrant for failure to appear and possibly one for contempt of court as well. Potentially suspend license as well.