Fawell & Associates
Aggravated Unlawful Use of an Electronic Communication Device (Cell Phone) 625 ILCS 5/12-610.2(b-5)
What is Aggravated Unlawful Use of an Electronic Communications Device?
Unlawful Use of an Electronic Communications Device becomes "aggravated" when the violation is the proximate cause of a motor vehicle accident that resulted in great bodily harm, permanent disability, disfigurement, or death of another. 625 ILCS 5/12-610.2(b-5)
What are the Potential Penalties for Aggravated Unlawful Use of an Electronic Communications Device?
Aggravated Unlawful Use of an Electronic Communications Device is a Class A Misdemeanor if the accident results in great bodily harm, permanent disability, or disfigurement to another. Aggravated Unlawful Use of an Electronic Communication Device is a Class 4 Felony if the accident causes the death of another. 625 ILCS 5/12-610.2(e).
Possible Sentences: Court Supervision, Conditional Discharge, or Probation
For a Class A misdemeanor violation of Aggravated Unlawful Use of an Electronic Communication Device, you can be sentenced to up to two (2) years of court supervision, conditional discharge, or probation. 730 ILCS 5/5-4.5-55
Your driving history, age, and the facts of your case may preclude you from receiving court supervision. Furthermore, even if you are eligible, you are not guaranteed to receive court supervision as a sentence. Therefore, it is essential to contact an attorney to ensure you qualify for and receive court supervision.
For a Class 4 felony violation of Aggravated Unlawful Use of an Electronic Communication Device, you cannot receive a sentence of court supervision. You can receive up to 30 months of conditional discharge or probation. 730 ILCS 5/5-4.5-45(d)
What Could Prevent Me from Getting Court Supervision for a Class A Violation?
Too Many Moving Violations- You can receive court supervision for moving violations a maximum of two (2) times within one year. 730 ILCS 5/5-6-1(k).
Under 18 Years Old- If you are ticketed for this offense when you are under eighteen (18) years old and are eligible for court supervision, you cannot receive court supervision unless a parent appears with you in court and gives written consent. The judge can waive this requirement upon a showing of "good cause." 730 ILCS 5/5-6-1(n).
Caused Death- You cannot receive court supervision if you are ticketed for a traffic violation that was the proximate cause of death for another, and:
- (1) you have any previous traffic violation (excluding equipment violations), or
- (2) your license has previously been revoked, suspended, or canceled.
Could I be Sentenced to Jail?
A Class A violation of Aggravated Unlawful Use of an Electronic Communications Device is punishable by up to one (1) year in jail. 730 ILCS 5/5-4.5-55(a)
A Class 4 violation of Aggravated Unlawful Use of an Electronic Communications Device is punishable by one (1) to three (3) years in the Illinois Department of Corrections. If you are extended-term eligible, you could be sentenced to up to six (6) years in prison. 730 ILCS 5/4.5-45(a)
How Much Could I be Fined?
Aggravated Unlawful Use of An Electronic Communication Device carries a mandatory one thousand dollar ($1,000) fine. 625 ILCS 5/12-610.2(c).
A Class A violation is punishable by a fine of up to two thousand five hundred dollars ($2,500). 730 ILCS 5/5-4.5-55(e). A class 4 violation is punishable by a fine of up to twenty-five thousand dollars ($25,000). 730 ILCS 5/5-4.5-50(b).
Do I Have to Complete Driver Improvement School?
A judge can require you complete driver improvement school, a defensive driving class, or even a victim impact panel if they feel it would be an appropriate condition of your sentence. In addition, there are certain situations where a Judge is required to order a driver improvement program to be completed as part of a sentence.
Under 21 Years Old- If you are ticketed for Aggravated Unlawful Use of an Electronic Communications Device when you are under twenty-one (21) years old, and you are eligible for court supervision, you are required to complete a driver improvement course to receive court supervision. If you are given court supervision and fail to complete the driver improvement course, your sentence of court supervision will be revoked and a conviction will enter. 720 ILCS 5/5-6-1(h)(1)
Collateral Consequences of an Aggravated Speeding Ticket
In addition to any criminal penalties that can be imposed, several other factors should be considered.
Secretary of State Mandatory Revocation Due to Death- The Secretary of State will revoke any driving privileges upon a report of a conviction for a moving violation that was the proximate cause of death of another. 625 ILCS 5/6-205(a)(16)
Commercial Driver's License (CDL)- If you have a Commercial Drivers License (CDL), a traffic ticket could lead to suspension or revocation of your CDL privileges.
Insurance- Your insurance company may consider your traffic offense and driving history when assessing your insurance rates.
Restitution and Civil Lawsuits- If you are involved in an accident that causes harm or death to another, you could be ordered to pay restitution or sued for damages caused by the accident.
Aggravated Unlawful Use of an Electronic Communication Device is a serious traffic offense. A finding of guilty can result in massive fines and up to six (6) years of incarceration.
Every case is unique. It is important to consult with an attorney who can help you determine your best options moving forward. An attorney can review the facts of your case and the evidence against you to help determine the best course of action for you and your case.
If you have received a traffic ticket, we can help. Our firm has been defending traffic tickets in the Chicagoland area for over 30 years. If you have received a ticket in DuPage, Cook, Lake, Kane, Will, or Kendall County, call our office for a free consultation.