What Kind of Evidence May Be Included in a Distracted Driving Case? 

 Posted on January 19, 2023 in Criminal Law

Unquestionably, our lives are becoming more and more digitized every day. While devices like smartphones and smartwatches have made us more interconnected with each other than ever before, these types of devices undoubtedly have made our lives more complicated, especially when it comes to cases of distracted driving. Many of us have experienced the temptation of checking a text message while driving. Unfortunately, what begins as responding to a text message while driving can quickly result in getting pulled over for a distracted driving traffic violation. 

In this blog, we will delve deeper into the law regarding distracted driving in Illinois, and what types of evidence may be used in a distracted driving case to prove the alleged offender was driving distracted. If you have received a traffic violation for distracted driving caused by your cell phone and are interested in contesting your ticket in court, consider contacting an experienced traffic attorney who will protect your rights and inform you of your options moving forward. 

Law in Illinois on Using Handheld Devices While Driving

First and foremost, like many other states, Illinois law bans using handheld devices while driving. You may be subject to a moving violation if you are pulled over for using a handheld device while driving. There is a points system in Illinois where points are added to your license if you incur a moving violation. If you receive three moving violations within a single year, your driving privileges may be suspended. So many people rely on their driving privileges to complete everyday tasks. As a result, losing your license can have a devastating effect on one’s life. That is why many people decide to contest their ticket in court, so they can give themselves a chance to defend themselves against a distracted driving violation, particularly if they have more than one traffic violation on their record and wish not to pay expensive fees or worse, have their license taken if this is their third moving violation within a year. 

Evidence That May Be Used to Prove Distracted Driving

A common question is, how can the police prove someone was driving while distracted? Common types of evidence include the following:

• Camera footage – An officer may believe someone is distracted driving by the way they are driving. In the moments leading up to being pulled over, it is possible that camera footage captured the driver engaging in distracting conduct, like talking on their cellphone, that could have been captured on an intersection camera or even a surveillance camera of a local business. 

•  Cellphone records – If the police have reason to believe someone was texting or talking while driving, cellphone records may corroborate these assertions. In severe cases, like when an accident has occurred, a driver’s cellphone records may be subpoenaed to prove they were using their phone at the time of the accident. 

• Police Report - If an accident occurred due to you driving distracted, the police report of the accident might detail events leading up to the crash, such as not hitting the brakes in time and crashing into the back of someone’s vehicle. Not breaking in time or failing to break at all may suggest that the driver was driving distracted. 

Contact an Illinois Traffic Violations Attorney

If you are interested in contesting a traffic violation in court, consider contacting the highly astute Rolling Meadows, IL, traffic violations lawyer at Scott F. Anderson, Attorney at Law. Call 847-253-3400 for a free consultation.

Source: 

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K12-610.2