Early this morning I received a phone call from a prospective client who wanted to talk to me about a “speeding ticket” they received last night for going 30 miles per hour over the posted speeding ticket on a local highway. I receive such phone calls from prospective clients almost every day. Very few people calling me for cases like this really understand what they are facing. I have written about cases like this because I handle many cases involving excessive speeding. These phone calls usually start off with the prospective client wanting to talk about a “speeding ticket” they recently received. Once I find out that the “speeding ticket” is for 26 miles per hour, or more, over the posted speed limit, I usually have to explain to the prospective clients that what they are facing is not a simple speeding ticket. If you are cited for going 26 miles an hour, or more, over the posted speed limit, what you are facing is an actual criminal charge. Going 26 miles or more, over the posted speed limit is an actual crime in Illinois that carries a potential jail sentence. Let me explain.
If you are cited for going 26 to 34 miles per hour over the posted speed limit, you will be charged with a Class B Misdemeanor. A Class B Misdemeanor carries up to 6-months in County Jail and a maximum fine of $1,500. If you are cited for going 35 miles per hour, or more, over the posted speed limit, you will be facing a Class A Misdemeanor. A Class A Misdemeanor carries a maximum fine of $2,500 and up to one-year in County Jail. In addition to the serious criminal criminal penalties associated with these crimes, if you are convicted of a Class A or a Class B Misdemeanor for Excessive Speeding, you will have a criminal conviction on your criminal record that will appear on a routine background search. So, if you apply for a job and are asked whether you have ever been convicted of a crime, you will have to answer “yes”.
Another question I get from prospective clients who call me about cases like this is whether I think they need a lawyer. Because what they are facing is not a simple speed ticket and is an actual crime, when they go to Court they will find out that they will need a lawyer. Many times, the first question asked by the Judge in cases like this is whether you have a lawyer. If you respond by telling the Judge that you don’t have a lawyer, the Judge will tell you that because what you are facing is a crime, you must have a lawyer. The next question will be whether you can afford to hire your own lawyer. If the Judge determines that you are unable to afford your own lawyer, the Judge may appoint a Public Defender to represent you. However, if the Judge determines that you are working and can afford to hire your own lawyer, the Judge will continue your case and tell you to come back to Court with your own lawyer.