LEGAL GUIDE
Written by attorney Martin Samuel Lascola | Apr 4, 2014

Aggravated Speeding Attorney Chicago and Collar Counties

The Illinois Vehicle Code is in a constant state of change, especially when it involves the statutes pertaining to the charge of Speeding in Illinois. For many years, the only criminal misdemeanor offense for Speeding was if the motorist had been accused of travelling 40 miles (or more) over the posted speed limit. This offense was charged as a Class A Misdemeanor and was referred to as Aggravated Speeding. The maximum punishment for a Class A Misdemeanor is 364 days in the county jail and fines that cannot exceed $2,500.00. Prior to 2011, individuals were able to receive a sentence of Court Supervision on Aggravated Speeding charges. The law is drastically different now as it pertains to Aggravated Speeding allegations and they have created a Class B Misdemeanor Speeding charge as well.

In 2011, when the law first changed, they created a Class B Speeding charge for motorist alleged to be going 31 – 39 miles over the posted speed limit. Those charged with Class B speeding, under the 2011 law, were eligible for Court Supervision. Class A Speeding was still 40 miles (or more) over the posted limit, but the major difference was that Court Supervision was no longer an available sentence for those charged with Class A Aggravated Speeding offense. On July 1, 2013, the law stiffened again making it unlawful for those who plea or are found guilty after a trial to receive a sentence of Court Supervision for either Class A or Class B Misdemeanor Speeding offenses. The only way to get Court Supervision was to achieve an amendment of the charge to a speed of 30 mph (or less) over the posted limit. These amendments were getting increasingly more difficult to achieve based upon pressures upon the State’s Attorney’s Offices and other public safety organizations.

On January 1, 2014, the law changed dramatically again. For many years, the only Class A Speeding offense required that one travel in excess of 40 mph over the posted limit. This new law drops the Class A Misdemeanor Speeding range down to 35mph (or more) in excess of the posted limit. Naturally, by changing the Class A Speeding criteria, the Class B Speeding guidelines were also impacted. Under the current law, motorists alleged to be travelling 26 – 34 mph in excess of the posted limit are now facing a Class B Speeding charge. Of course, Court Supervision is not available for either the Class A or Class B Speeding charges. Court Supervision is always a preferred sentence to any misdemeanor offense because it does not amount to a public record of conviction and also will not impact insurance rates.

If one is to receive a misdemeanor traffic conviction for either a Class A or Class B Misdemeanor, not only will there be a public record of conviction, there will also be a substantial risk of a car insurance increase based upon the accessibility of this conviction to the various insurance companies. Based upon the seriousness of these new traffic laws, it is imperative to have superior legal representation on these matters. Here at Gardi & Haught, Ltd., we handle these matters frequently and can work to achieve the best result possible for you, please call us at 847-944-9400 for a consultation.

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