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 Aggravated or 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 of Aggravated or Excessive Speding. 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.
Another common question I get from prospective clients who call about Excessive Speeding cases is whether the ticket and the charges can ever be removed from their driving record. Some prospective clients are concerned about their insurance rates. I recently had a client who was informed by his employer that a conviction for Excessive Speeding could result in a job loss. The client drives regularly for his job and his employer told my client that the employer’s insurance carrier may not allow the employee to be covered by the employer’s insurance policy if they were convicted of Excessive Speeding.
Whenever you receive a citation for anything having to do with your Illinois driver’s license, regardless of whether it’s a simple speeding ticket or an Excessive Speeding charge for going 26 miles an hour, or more, over the speed limit, that ticket and the disposition of that ticket, will appear on your Illinois driving record. There is no way to remove anything that appears on your Illinois driving record. You will not be able to remove a citation, or ticket, from your record even if the Excessive Speeding Ticket is reduced to a simple speeding ticket or even if the citation is dismissed. Your driving record is a matter of public record and can be seen by anyone who is performing a background search. This includes prospective employers and your insurance carrier.
Excessive Speeding cases are handled differently from County to County and Courthouse to Courthouse. Last week I had an Excessive Speeding case at the Rolling Meadows Courthouse in Cook County. I was able to speak to the prosecutor in the Courtroom and he reduced the ticket to a simple speeder with Court Supervision. Two days later, I had another Excessive Speeding case at the Addison Field Court in DuPage County. The prosecutor in the Courtroom could not even speak to me about resolving the case unless I spoke to her supervisor at the DuPage County State’s Attorney’s Office to get permission to have the Excessive Speeding ticket reduced to a simple speeding ticket. Since I have handled hundreds of cases like this. I knew what I had to do in advance of the court dates and was able to successfully resolve both of the cases quickly and successfully.
James Dimeas is a nationally-recognized, award-winning, Aggravated and Excessive Speeding lawyer. James Dimeas has been handling Aggravated or Excessive Speeding cases for over-27 years throughout Chicago, Cook County, DuPage County, Kane County, and Lake County. The National Trial Lawyers named James Dimeas a “Top 100 Criminal Defense Trial Lawyer.” Expertise named James Dimeas a “Best Criminal Defense Lawyer in Chicago.” The American Society of Legal Advocates named James Dimeas a “Top 100 Criminal Defense Lawyer in the State of Illinois For the Year 2018 and 2019.” The American Institute of Criminal Law Attorneys named James Dimeas a “10 Best Attorney for Client Satisfaction.” The National Academy of Criminal Defense Attorneys gave James Dimeas its “Top 10 Attorney Award for the State of Illinois.” Attorney and Practice Magazine gave James Dimeas its “Top 10 Criminal Defense Attorney Award for Illinois.” AVVO rates James Dimeas as “Superb”, a “Perfect 10”, the highest rating possible for any Aggravated or Excessive Speeding attorney in the United States.
If you are charged with Aggravated or Excessive Speeding, or have received a speeding ticket, you can contact James Dimeas anytime for a free and confidential consultation. You can always speak to James Dimeas personally by calling him at 847-807-7405.
When Can Speeding Be a Crime in Illinois, by James G. Dimeas, Chicago Criminal Lawyer Blog, September 20, 2018.
Can I Be Arrested for Speeding, by James G. Dimeas, Chicago Criminal Lawyer Blog, February 27, 2018.