Police News


Back to Police News

Dec
29
2015
Use of Portable Communications Devices while Driving;

 Use of Portable Communications Devices while Driving; Prohibited

A. A person shall not drive a motor vehicle on a highway while using a portable communications device.

B. This Section does not apply to any of the following:

1. A driver using a hands-free mobile device, as long as the hands-free mobile device does not obstruct the driver's view of the front or sides of the motor vehicle or interfere with the safety or operating equipment of the motor vehicle.

2. A law enforcement officer or author-ized emergency vehicle driver, if the use of a portable communications device is in the performance of the official duties of the officer or driver.

3. A person driving a motor vehicle on private property.

4. A driver who is legally parked.

It is an affirmative defense to prosecu-tion under this Section that the driver was using a portable communication device to prevent an injury to a person or property or to communicate an emergency to law enforcement, a fire department, a hospital or physician's office, or an ambulance service.