A Year in Jail for Speeding?!?

Question: In Illinois is it possible to be sentenced to up to 1 Year in Jail for Speeding?!?

The short answer: In some cases, yes.

In Illinois speeding has been criminalized, and depending on your rate of speed your violation may be charged as a Petty Offense, a Class B misdemeanor, or even a Class A misdemeanor.

Speed is 25 mph or less over the speed limit: Petty Offense.

If you are speeding 25 mph or less over the speed limit then you can be charged with a Petty Offense, which is not a crime, does not carry any possibility of a punishment that includes jail, and a criminal conviction on your record. In most cases, you are generally facing a fine, the minimum being $150.00, and perhaps traffic school. If you are caught speeding in a construction zone the minimum fine is $375.00.

Speed is 26-34 mph over the speed limit: Class B misdemeanor (625 ILCS 5/11-601.5(a)).

If you are speeding 26-34 mph over the speed limit then you can be charged with a Class B misdemeanor, which is a crime, and carries the possible penalty of up to 6 months in jail, and a fine of $1,500.00, as well as court costs and fees.

Speed is 35 mph or more over the speed limit: Class A misdemeanor (625 ILCS 5/11-601.5(b)).

Most serious is when you are speeding 35 mph or more over the speed limit which can be charged as a Class A misdemeanor, is a crime, and carries the possible penalty of up to 1 year in jail, as well a fine of up to $2,500.00, not including court costs and fees.

A Note on Possible Penalties:

Generally, if you are charged with any of the above-mentioned speeding violations, aside from a dismissal of the charges or acquittal, receiving a period of court supervision is a desirable outcome. Court supervision is basically an agreement with the Court where as part of a guilty plea a conviction against you is withheld by the Court not entered against you. However, there are some instances where you will not qualify for supervision. For example: You have previously been convicted of Aggravated Speeding; Speeding within a school zone; or, Aggravated Speeding in an Urban area, to name a few.

Should your speeding ticket result in a conviction the Secretary of State will count that as "points" against your driving record. If you receive more than a certain amount of points on your record within a certain period of time the Secretary of State may suspend or revoke your driver's license.

To put in perspective, should you be convicted of speeding 26 mph or more over the speed limit, either a Class A or B misdemeanor, aside from facing jail, high fines and fees, you will receive 50 points against your driving record. 50 points amounts to a 3 month suspension of your driver's license if you're over 21, and a 6 month suspension if you are under 21.

So, as you can see, not all speeding tickets are the same, and do not carry the same punishment and consequences, which should give you pause the next time you are driving over the speed limit and think twice about going to court without a lawyer.

LANGFITT LAW, LLC

1320 Tower Road, Suite 103

Schaumburg, Illinois 60173

847-301-4250

www.langfittlaw.com

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