The defense attorneys at The Davis Law Group, P.C. frequently represent clients facing misdemeanor speeding tickets throughout Illinois. Speeding 26 mph or more over the speed limit is often referred to as Aggravated Speeding or Excessive Speeding. Our traffic attorneys have worked hundreds of cases under the new and old laws and have stayed up-to-date on current developments.
The penalties in Illinois for aggravated speeding were changed on January 1, 2011, July 1, 2013, January 1, 2014 and again on January 1, 2016 (See 625 ILCS 5/11 601.5).
SPEEDING 26-34 MPH OVER THE POSTED SPEED LIMIT
Under Illinois law (625 ILCS 5/11 601.5(a)), speeding 26 mph or more in excess of the posted speed limit is no longer a petty offense, it is a misdemeanor criminal offense. Speeding 26-34 mph over the posted speed limit is charged as a Class B Misdemeanor, punishable by up to six (6) months in jail and a $1,500 fine plus mandatory court costs.
SPEEDING 35 MPH OR MORE OVER THE POSTED SPEED LIMIT
Under Illinois law (625 ILCS 5/11 601.5(b)), speeding 35 mph or more over the posted speed limit is a Class A Misdemeanor, punishable by up to twelve (12) months in jail and a $2,500 fine plus court costs. A defendant who pleads guilty or is found guilty by the court faces the entry of a misdemeanor conviction on their public record, most likely in the form of conditional discharge.
CURRENT ILLINOIS LAW
Under the most recent changes in the law (effective January 1, 2016), a driver may be eligible for Court Supervision if the driver has never been convicted or been given Court Supervision for aggravated speeding in the past. Court Supervision is a sentence that prevents a conviction from appearing on the driver's public record so long as the period of supervision is completed successfully (i.e. without any further traffic violations). Conditions such as community service or traffic safety school may be ordered as part of any sentence.
The new law prohibits court supervision for aggravated speeding in a highway-construction zone, school zone or in an urban district. As a result, if the defendant pleads guilty or is found guilty after trial, a conviction is the only available sentence. Therefore, an amendment to the charge or a verdict of not guilty after trial is necessary to keep a misdemeanor criminal offense from appearing on the defendant's public driving record.
Regardless of supervision eligibility, our attorneys work to challenge or reduce the offense whenever possible. It is our highest priority to minimize potential consequences and ensure the best result possible.
Every case is unique and an experienced traffic attorney may be able to avoid a conviction and prevent serious consequences. Depending on various factors, including the driver's prior record, it may be possible to negotiate an amendment to a lesser offense. For example, it may be possible to have the charge reduced to a petty speeding offense or an offense that allows for a sentence of Court Supervision. The likelihood of achieving a reduction depends on a broad range of factors. Of course, these cases may be taken to trial when appropriate.
The attorneys at The Davis Law Group, P.C. represent clients charged with misdemeanor speeding offenses throughout Illinois including Cook County, Lake County and DuPage County. We have successfully handled hundreds of aggravated speeding tickets and are very well versed in the current state of the law. When charged with a criminal offense, it is important to seek the representation of a qualified defense attorney. If you are looking for knowledgeable and professional legal representation, feel free to explore our website and contact us to discuss your case.