Can I Be Arrested for Speeding in Illinois?

 Posted on February 18, 2021 in Traffic Violations

While no one is happy to receive a speeding ticket, many people view them as a nuisance at worst, possibly meaning that they have to pay a fine or make an appearance in traffic court. However, in Illinois, the consequences for speeding can be significantly more severe depending on the circumstances. If you are charged with aggravated speeding, you can be arrested, and you may face a criminal conviction and the accompanying sentence.

What Qualifies as Aggravated Speeding in Illinois?

A person can be ticketed for speeding in Illinois if they exceed the posted speed limit by any amount, but in most cases, doing so is considered a petty offense. However, when a driver exceeds the speed limit by more than 25 miles per hour, the offense becomes a criminal misdemeanor known as aggravated speeding. Driving at a speed of 26 to 34 miles per hour above the speed limit is a Class B misdemeanor, and a conviction can result in a sentence of up to six months in jail and up to $1,500 in fines. At a speed of 35 miles per hour or more above the speed limit, a driver can face Class A misdemeanor charges, with a possible sentence of up to one year in jail and fines up to $2,500.

Aggravated speeding laws apply not only to the standard posted speed limit in the location where the offense occurs but also to designated speed limits for road construction and maintenance speed zones, as well as school zones when children are present. Drivers should pay close attention to these special posted speed limits to avoid serious charges.

In addition to the penalties associated with a criminal conviction, aggravated speeding is also one of the most serious offenses in the Illinois driver’s license point system. A single aggravated speeding offense results in the assignation of 50 points, and depending on the number and severity of the driver’s other recent traffic violations, the driver may have their license suspended, or even revoked.

Defenses for Aggravated Speeding

If you are arrested and charged with aggravated speeding, it is important to hire an attorney rather than try to handle your defense on your own. An attorney can help you protect your rights and avoid self-incrimination, and can also build a case for your innocence to present in court, including by demonstrating the inaccuracy of a speed detection device. If you are convicted of aggravated speeding, your attorney may be able to help you negotiate for alternative sentencing, including court supervision, community service, or the completion of a traffic safety course.

Contact a Rolling Meadows Criminal Defense Attorney

At Hartsfield Law, we can help you avoid a conviction for aggravated speeding or another serious traffic violation. We will pursue all reasonable strategies to prevent you from facing unnecessary or excessive penalties. Call our dedicated and knowledgeable Chicago traffic violations defense lawyer today at 312-345-1700 to schedule a free consultation.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh%2E+11+Art%2E+X&ActID=1815&ChapterID=49&SeqStart=122400000&SeqEnd=124000000

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1999&ChapterID=55

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_dc19.pdf