Chicago Criminal Lawyer Blog
Did you know you can be charged with a misdemeanor and be required to go to court if you are pulled over for speeding? If you are going 26 miles over any posted speed limit, you have committed a crime under Illinois law. While it may sound like a silly, small law, it can have a major impact on your life and can even require jail time. If you are facing criminal speeding charges, it is important to hire an experienced criminal traffic defense attorney.
Illinois Law
It used to be that Illinois drivers faced misdemeanor charges if caught speeding more than 30 miles over the speed limit. Since 2014, however, that law was made more stringent, and 26 miles per hour over the speed limit is now the threshold for misdemeanor speeding charges to be brought. Section 11-601.5 states that a person driving 26-34 miles per hour above the speed limit commits a Class B misdemeanor and a person driving 35 miles per hour or more over the speed limit commits a Class A misdemeanor.
Possible Penalties for Speeding
Both Class B and Class A misdemeanors carry the potential for jail time in Illinois. Class A misdemeanors are punishable with up to a year in prison and a fine of up to $2,500. Class B misdemeanors are punishable with up to six months in jail and a fine of up to $1,500.
Supervision versus Conviction
Supervision is when the court defers sentencing you until a future date, and if you comply with all of the terms of the supervision and do not violate the law any further, then at the end of the supervision the charges will be dismissed. If you violate the terms of your supervision or break the law during supervision, a conviction will be entered against you. If supervised, a supervision will appear on your driving record, instead of a conviction. Supervision is vastly preferable to conviction, as no conviction means your insurance rates do not rise and you do not jeopardize your driving privileges. However, unbelievable as it may be, supervision is not allowed for speeding charges, only conviction. When this law was made more stringent, the legislature also removed the option of supervision. If you are convicted of speeding as a Class A or Class B misdemeanor, you will have points imposed on your driving record. Depending how many points you get on your license, you may lose your driving privileges.
How Many Points are Assigned if Convicted?
If you are convicted of speeding one to ten miles above the speed limit, you will be given five points on your license. If convicted of going 11-14 miles over the speed limit, it will add 15 points on your driver’s license. 15 to 25 miles over the speed limit will result in a 20 point penalty on your license, and speeding more than 25 miles over the speed limit is a 50 point penalty on your license.
If you are a first time offender, 15-44 points requires a two-month license suspension, and 45-74 months a three-month license suspension. If you have had your privileges to drive revoked at any other time in the past seven years, you will have your license suspended for four months if you get 15-44 points, and for six months if you get 45-74 points.
Conclusion
If you have been charged with criminal speeding, it is important to discuss your case with an attorney as soon as possible and do whatever you can to avoid suspension of your license and a conviction on your record. The David Freidberg law firm is here help you, and has many years of experience defending clients against criminal traffic offenses, including speeding, aggravated speeding, and other traffic violations. Call or email us today at (302)560-7100 for a no obligation consultation.
