Excessive or Aggravated Speeding in Illinois

 Posted on December 00, 0000 in Traffic Offenses

What do you need to know about aggravated speeding in Illinois? In short, under the Illinois Vehicle Code, aggravated speeding is a very serious offense. At the Farooqi & Husain Law Office, we want to ensure that members of the Muslim community in DuPage County understand the severity of such an offense.

To be sure, a charge of excessive or aggravated speeding can result in a negative impact on your auto insurance rates, but it can also leave you with a criminal record. It is important to understand the recent changes to this law that increased the severity of speeding. And if you have been charged with aggravated speeding, an aggressive Oakbrook Terrace criminal defense lawyer can help to limit the impact of this offense.

Understanding DuPage County Excessive or Aggravated Speeding

Beginning January 1, 2014, a new law under the Illinois Vehicle Code went into effect. Under the new law, speeding in excess of 25 miles per hour beyond the posted speed limit can result in a misdemeanor charge. Key elements of the law are as follows:

• Speeding by more than 35 miles per hour in excess of the speed limit that is posted will result in a Class A misdemeanor charge. Prior to the change in the law, drivers were charged with a Class A misdemeanor if they were driving 40 miles per hour in excess of the speed limit. As you can see, the new law lowered the number of miles per hour you can drive past the speed limit before being charged with a Class A misdemeanor;
• Speeding by anywhere from 26 to 34 miles per hour beyond the posted speed limit will result in a Class B misdemeanor charge;
• Speeding that results in a Class A or a Class B misdemeanor charge prevents the driver from being eligible for court supervision. In general, most drivers who are caught speeding would prefer court supervision. Through court supervision, the driver does not have to worry about a speeding conviction being made public. As such, court supervision can help to prevent an auto insurer from raising rates and from other entities learning about the speeding offense; and
• Class A and Class B misdemeanors for speeding will result in a criminal conviction. In other words, your insurer will find out about the speeding charge, and you are likely to face a dramatic increase in your auto insurance premium.

In addition to dealing with substantial increases in auto insurance premiums, we want to emphasize that you will have a criminal record if you plead guilty or are convicted of aggravated driving. A criminal record can have an extremely harmful impact on your professional and social life. To be sure, a criminal conviction can affect your employment and your immigration status. Moreover, drivers convicted of aggravated speeding can also face severe fines and even jail time. According to an article in the Illinois State Bar Association newsletter, depending on the driver’s background, an aggravated speeding charge can result in a year in jail and a fine of up to $2,500.

Seeking Assistance from a DuPage County Criminal Defense Attorney

A recent Chicago case, People v. Rizzo, found that failing to permit court supervision for defendants convicted of aggravated speeding is unconstitutional. However, the state appealed that decision, and the case is currently pending before the Illinois Supreme Court.

Until we know whether members of our community with have the option of court supervision in the event of an aggravated speeding conviction, it is essential to have experienced counsel on your side. Do not risk a criminal conviction that could impact your professional position or your immigration status. Discuss your case with an experienced DuPage County criminal defense attorney as soon as possible to learn more about your options. Contact the Farooqi & Husain Law Office today.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1815&ChapterID=49&SeqStart=116500000&SeqEnd=118000000

https://www.isba.org/sections/trafficlaw/newsletter/2015/06/excessiveaggravatedspeeding

https://www.illinois.gov/osad/Publications/Documents/pend.pdf