GadgetRatty: Chicago Being Sued for Arresting Drivers Talking on Cell Phones

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Chicago Being Sued for Arresting Drivers Talking on Cell Phones

2007-12-21 17:39:22 by Patrick Birmingham in Cell Phone Digest

The City of Chicago is being sued via a class action lawsuit filed this week for arresting drivers talking on their cell phones. The lawsuit claims that Chicago police are arresting and ticketing drivers by the thousands for violating the city's cell phone ban imposed about 2 years ago. Drivers caught talking on their cell phones are typically charged $75 and up to $200 if they are involved in an accident.

Attorney Blake Horwitz filed the lawsuit against the city of Chicago, Mayor Richard Daley, and several police officers. Horwitz claims that the law prohibiting Chicago residents from using cell phones while driving hasn't been properly enacted. His firm specializes in police misconduct and has sued the city of Chicago more than 100 times.

The law, 625 ILCS 5/11207, requires the city of Chicago to post signs warning drivers not to talk on their cell phones while driving. However, here are no signs posted in the city of Chicago, which makes the fines and the arrests illegal, Horwitz claims.

Horwitz is demanding that the city of Chicago dismiss all outstanding tickets and refund almost $2 million in fines collected since 2005. In the lawsuit, Horwitz claims that the city has collected millions of dollars from over 25,000 citations.