I was stopped for holding my phone while driving; I was listening to a podcast on speaker, and the phone was locked.

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In [625 ILCS 5/12-610.2][1], subsection (b) says

> A person may not operate a motor vehicle on a roadway while using an electronic communication device.

Prior to [this amendment][2], this subsection was less vague:

> 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.

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* Was I in violation of Illinois' "hands-free pone" law?
* What constitutes __use__ in this context?
* How could the prosecutor prove I was actually using, and not just holding, a phone? (I wasn't fined; this is a hypothetical question)

  [1]: http://ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K12-610.2
  [2]: http://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=85&GA=98&DocTypeId=HB&DocNum=1247&GAID=12&LegID=&SpecSess=&Session#sthash.cEqSi4GO.dpuf