Distracted drivers continue to kill thousands of people across the country each year and in order to address that danger Glenview is changing how police in the village can write tickets for the offense in an attempt to gain motorists compliance with the law.
The Glenview Village Board at its Nov. 7 meeting gave preliminary approval to an ordinance change that if passed at the board’s Nov. 21 meeting will allow tickets issued for distracted driving to be dealt with through the village’s administrative adjudication hearing process.
“While that is currently an offense under the Illinois vehicle code, our experience has been that in the Circuit Court of Cook County most judges simply give an admonishment to a defendant and dismiss the citations,” Village Prosecutor Eric G. Patt told the board. “We don’t believe that adequately addresses the concern, so what we’re seeking to do is make distracted driving, through an amendment to the village code a local ordinance violation which would allow our officers to write it not under the Illinois vehicle code but under the village code.”
Incidents of distracted driving have increased in recent years, resulting in less safe roadways in the Village, according to a Nov. 7 memo to the board from Patt, and Deputy Police Chief Jason Saikin.
There have been ongoing concerns among police command staff and the Village prosecutor that existing statutes in the Illinois Vehicle Code and the court processes in the Circuit Court of Cook County are not adequately addressing the concern, the memo says. Village staff, including police command staff, the Village Attorney and the Village Prosecutor, have determined the most effective method of addressing this issue is through enforcement of a local ordinance that can be prosecuted through the Village’s administrative adjudication hearing process.
State law is vague on whether the Village’s home rule authority permits it to proceed in that manner; however, several home rule units of local government, including Wheeling and Arlington Heights, have enacted and enforced local ordinances regulating negligent and distracted driving. Efforts continue to persuade the General Assembly to enact clarifying legislation, but “given the ambiguity in the law,” it is recommended that the Village pass the attached ordinance and begin enforcement through its administrative adjudication hearing process.
“Distracted driving certainly seems to be an issue these days,” said Village President Michael Jenny. “I can imagine that giving the officers discretion to write tickets would be a good way to enforce it.”
Patt said the change will be more convenient for Glenview residents because rather than having to go to traffic court in Skokie they can go to village hall to pay the ticket or to have a hearing. He also said that currently the village does not get any of the $254.50 in administrative fees Cook County collects in distracted driving cases and only a small amount of the fine if one is levied. He said currently the village is considering imposing a $100 fine for distracted driving citations and the village would keep all of that money.
The current ordinance would be amended to include distracted driving as a “definitional term” meaning disregarding road conditions or other vehicular or pedestrian traffic by not paying full attention to the operation of a motor vehicle while operating on a public highway. Examples include talking or texting on a cellphone while driving, eating, reading and using in vehicle navigation systems in a distracted manor preventing the driver from paying attention to what they’re doing on the road.
“We believe this will allow for a more efficient administration of justice from the police standpoint, allow them to bring citations that will be adjudicated properly as opposed to simply dismissed at the circuit court level,” said Patt.
Trustee Gina DeBoni was the only person to vote against the change saying that if it passes drivers found guilty of distracted driving will not suffer from the consequence of having it reported to the Illinois Secretary of State and any driving suspensions that may result from that reporting.
“The concern that I have is that distracted driving causes many accidents,” she said. “Causes significant injuries to people including death. I have concerns at this point it’s not reportable to the Secretary of State. It’s something that I would be fully supportive of it becomes reportable to the secretary of state. But I’m not in favor of that right now.”
Patt said Glenview police could issue a ticket under the local ordinance and also write an additional citation under state law which would be reportable to the Secretary of State.
“Like most things it would be in the police officers discretion,” he said.
Brian L. Cox is a freelance reporter for Pioneer Press.