Ticket for Texting but Wasn't Texting

My question involves a traffic ticket from the state of: Illinois. (Cook County)

I just got a ticket this morning for "Unlawful use of electronic communication device". The officer noted on the ticket "Driving while using cell phone to view photos." [she noted section 12-610.2 (b)]

I was looking at a picture of my newborn niece who was born this morning. I told that to the officer, and she told me the law said you can't scroll, click, type, text, read messages, ect. Well the only thing I am guilty of is clicking and scrolling. SO - I looked up the law, and it is NOT illegal to generally click or scroll. It is only illegal to "compose, send, or read an electronic message". I was doing nothing pertaining to a message in any way. The photo was saved to my phone, and I just pulled it up and looked at it. Not the smartest thing to do while driving, I know, but not technically illegal.

I know these tickets are notoriously hard to fight because it's easy to delete a text and lie, but the officer acknowledged that I wasn't texting, and that I was only looking at a photo (she wrote photos). So basically, she didn't know the law correctly. Should I fight the ticket, since it specifically states that I was looking at photos (not texting or reading a message)?

Thank you for any help!!

Quote:

---

Quoting alibali

---

I looked up the law, and it is NOT illegal to generally click or scroll.

---

I don't know where you looked, but there is nothing in that statute that addresses clicking and scrolling one way or the other.

Read it:

http://www.ilga.gov/legislation/ilcs...00050K12-610.2

Quote:

---

Quoting alibali

---

I was looking at a picture of my newborn niece. The photo was saved to my phone, and I just pulled it up and looked at it.

---

You had an "electronic communications device" and you were "using" it while operating a motor vehicle

Quote:

---

Quoting alibali

---

not technically illegal.

---

Yes, it is "technically" illegal because what you did is what the statute prohibits you from doing.

Quote:

---

Quoting alibali

---

I know these tickets are notoriously hard to fight because it's easy to delete a text and lie, but the officer acknowledged that I wasn't texting, and that I was only looking at a photo (she wrote photos). So basically, she didn't know the law correctly.

---

Seriously?

She knows it a lot better than you do.

Quote:

---

Quoting alibali

---

Should I fight the ticket, since it specifically states that I was looking at photos (not texting or reading a message)?

---

That's up to you.

But if you fight it you will certainly lose.

"Your honor, I was just looking at a picture on my phone while I was driving. That's not illegal."

Go with that and see what happens.

Quote:

---

It is only illegal to "compose, send, or read an electronic message".

---

You are absolutely correct. Where you missed something is in the definition of electronic message. I emboldened the pertinent part of the definition for you.

Quote:

---

"Electronic message" means a self-contained piece of digital communication that is designed or intended to be transmitted between physical devices. "Electronic message" includes, but is not limited to electronic mail, a text message, an instant message, a digital photograph, a video, or a command or request to access an Internet site.

---

Quote:

---

(b) A person may not operate a motor vehicle on a roadway while using an electronic communication device to compose, send, or read an electronic message.

---

Quote:

---

So basically, she didn't know the law correctly.

---

Well, about that....