Recently, I have represented clients who received speeding tickets. In the course of representing these clients, I have come to realize that people do not really understand the Illinois Speeding Laws. In the last few years, the Illinois speeding laws have been changed. The changes have drastically increased the penalties for excessive speeding on Illinois roadways. Drivers are not adequately informed of what the potential consequences can be for a speeding ticket.
As someone who has received speeding tickets in the past, I remember when the biggest inconvenience associated with receiving a speeding ticket was having to take time off of work or school to go to Traffic Court at 321 North LaSalle, pay to park my car downtown, and wait for my case to be called and be dismissed because the police officer did not appear. Hundreds of thousands of Chicagoans used to visit that building every year. Those days have changed. What used to be a major inconvenience can now lead to a potential jail sentence and a suspension of your driver’s license. Let me explain how the Illinois Legislature has made speeding a potential crime and not just a mere inconvenience.
There have been some positive changes for Chicago residents. For one thing, Traffic Court has now been moved into the lower levels of the Daley Center. This makes it easier to get to traffic court. The CTA train stops at the Daley Center so you don’t have to drive to Traffic Court and navigate your way through the heavy Loop traffic only to pay the high fees to park your car at a parking lot in the loop. Traffic tickets are still being dismissed when police officers do not appear in Traffic Court but police officers are appearing in Traffic Court more often because Police Department policies have changed to require that police officers appear in Court.
The biggest changes to the traffic laws have to do with the potential consequences for speeding over a certain amount over the speeding limit. If you are charged with speeding 26 to 34 miles over the speed limit you can be charged with a Class B Misdemeanor for Aggravated or Excessive Speeding. A Class B Misdemeanor for Aggravated or Excessive Speeding carries a potential penalty of up to 180 days in county jail and a fine up to $1,500. A conviction for speeding 26 to 34 miles per hour over the speed limit could result in a conviction on your driving record which could lead to a suspension of your driver’s license. I will talk a little more about Court Supervision, a possible sentence for a Class B Aggravated or Excessive Speeding charge a little later in this article.
If you are charged with speeding 35 miles per hour or more over the posted speed limit, you will be charged with a Class A Misdemeanor for Aggravated or Excessive Speeding. A Class A Misdemeanor conviction for speeding 35 miles per hour or more over the speed limit carries a potential penalty of up to one year in county jail and a maximum fine of $2,500. If you are convicted of speeding 35 miles per hour over the speed limit, the Secretary of State may suspend your driver’s license.
Court Supervision is usually the preferred outcome for a speeding ticket. Court Supervision usually lasts for 2 to 4 months. The court will usually require that you pay the fines, fees, and court costs, maybe complete Traffic School, and stay out of trouble. If you are under 21, Illinois Law requires that you complete Traffic School. If you successfully complete your Court Supervision, the ticket will be dismissed without a conviction appearing on your driving record. Since the ticket is dismissed without a conviction, your license will not be suspended by the Secretary of State. This is important because if you are convicted of 3 traffic tickets in a 12 month period, your license will be suspended. Since Court Supervision is not a conviction, the Court Supervision will not be used towards the three convictions in a 12 month that would lead to a suspension of your license.
If you are under 18, you can only receive Court Supervision once. If you are 18 to 21, the rules change as you get older. Traffic School is mandatory for any traffic ticket for anyone under the age of 21. If you are over the age of 21, you can only receive Court Supervision for a traffic ticket 2 times over a 12 month period.
If you receive a speeding ticket, you need to understand that the consequences of pleading guilty, or being found guilty, could be more serious than you ever imagined. You should always consult with an experienced attorney who understands the Illinois driving laws and can take the steps necessary to avoid a conviction and the possible consequences that a speeding ticket could involve.
James Dimeas, has been handling Aggravated or Excessive Speeding cases throughout Chicago, Cook County, DuPage County, Lake County, and Kane County for over-27 years. James Dimeas is a nationally-recognized, award-winning, speeding ticket lawyer. James Dimeas was named a “Best DUI Attorney.” Attorney and Practice Magazine gave James Dimeas the “Top 10 Criminal Defense Attorney Award for Illinois.” The National Academy of Criminal Defense Attorneys gave James Dimeas the “Top 10 Attorney Award for the State of Illinois”. Expertise named James Dimeas a “Best Criminal Defense Lawyer in Chicago.” The American Institute of Criminal Law Attorneys named James Dimeas a “10 Best Attorney for Client Satisfaction.” The American Society of Legal Advocates named James Dimeas a “2018 Top 100 Lawyer.” The National Trial Lawyers named James Dimeas a “Top 100 Criminal Defense Trial Lawyer. James Dimeas is rated “Superb” by AVVO, the highest rating possible for any Aggravated or Excessive Speeding lawyer in the United States.
If you have been charged with Aggravated or Excessive Speeding, you can contact James Dimeas anytime for a free and confidential consultation. You can always speak to James Dimeas personally by calling 847-807-7405.
Traffic Victims Need to Step Up, Chicago Sun-Times, March 15, 2010.
Schaumburg to Consider Issuing Negligent Driving Municipal Violations, by James G. Dimeas, Chicago Criminal Lawyer Blog, October 14, 2017.
What’s the Difference Between a Misdemeanor, Felony and Municipal Violation? by James G. Dimeas, Chicago Criminal Lawyer Blog, August 8, 2017.