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It can happen to any of us: you’re driving along, moving with traffic, when all of a sudden, you’re being pulled over by the police. At some point in time, every Illinois driver has committed the offense of speeding. In most situations, these cases involve a mark on your driving record and a steep fine. Yet in some cases, if you get caught speeding, you could be sent to jail.
In Illinois, aggravated speeding is a criminal offense that can be charged when you drive more than 25 miles per hour above the posted speed limit. An aggravated speeding ticket has the potential to result in thousands of dollars in fines and court costs, loss of your driving privileges, and even jail time. Fortunately, there are ways to resolve the case favorably, with the help of a Chicago lawyer who is adept at handling aggravated speeding tickets.
If you have been charged with an aggravated speeding offense, you won’t be able to resolve the case by just paying a fine as you could with a petty offense. Instead, you will be required to go through the criminal justice system. With the help of a skilled defense attorney, you can achieve the best possible resolution for your case.
What Is Aggravated Speeding?
Under Illinois law, aggravated speeding may be charged when a person drives 26 miles per hour (mph) or more over the posted speed limit. Aggravated speeding is more than a simple speeding ticket.
If you drive between 26 and 34 mph over the speed limit, you will be charged with a Class B misdemeanor. If you drive 35 mph or greater over the posted speed limit, then you will be charged with a Class A misdemeanor. Each criminal charge carries a range of serious penalties, including possible jail time, a driver’s license suspension, and hefty fines and fees.
Since the speeding ticket is a moving violation, it can affect your driving record, resulting in a conviction on your record, increased insurance rates, or a suspended license.
Since the speeding ticket is also a misdemeanor, it is a criminal offense that can also be recorded on your permanent criminal record. This may affect employment, immigration, and anything else that requires a background check.
For these reasons, it is important that you consult with an experienced traffic ticket lawyer as soon as possible after being charged with this crime. Your attorney will use a range of strategies to protect your rights and your record.
Penalties for Aggravated Speeding
Unlike many other types of traffic violations, a conviction for aggravated speeding will result in a criminal record. Depending on the alleged speed, you may be charged with a Class A misdemeanor, the most serious type of misdemeanor in Illinois, or a Class B misdemeanor.
Class A misdemeanors are punishable by up to 364 days in jail, as well as a maximum fine of $2,500. You may also be placed on probation if you are convicted of this offense.
A Class B misdemeanor may result in a sentence of up to 6 months in jail, and a fine of no more than $1,500. As with Class A misdemeanors, this criminal offense may also lead to a term of probation.
In addition, you may be sentenced to community service and/or traffic safety school if you are convicted of aggravated speeding. Community service may be an independent service for a non-profit organization or organized through the Social Services Department. Additionally, a sentence may include the Sheriff’s Work Alternative Program (SWAP). If you are sentenced to traffic school, you may be required to take these courses online or in-person.
This type of traffic ticket can also affect your ability to drive. A conviction for either type of aggravated speeding charge will result in 50 points on your driving record. If you accumulate three or more moving convictions within a 12 month period (or two or more if you are under the age of 21), then your driver’s license will be suspended or revoked. The length of the suspension will depend on the number of points that you have accumulated, with revocation occurring at 110 points (or 80 points if you are under the age of 21).
Any type of traffic violation may also result in an increase in your insurance rates. As a result, a conviction for aggravated speeding could cost you far more than the fine and court costs. That is why it is critical to consult with a traffic defense attorney as soon as possible after being charged with aggravated speeding.
Am I Eligible for Court Supervision?
For some criminal and traffic offenses in Illinois, you may be able to participate in court supervision. This program allows you to keep a conviction off of your record. Court Supervision is where you will be required to fulfill a set of conditions imposed on you by the court. If you do so, then the case will be closed without a conviction going on your record.
Court supervision is considered a favorable outcome in many Illinois criminal cases. In traffic cases, successful completion of supervision means that the charge will not appear on your public record. Generally, you will be eligible for court supervision for aggravated speeding if you do not have a previous conviction or court supervision for this offense in the past.
However, the court has the discretion as to whether to order court supervision in your case. If certain facts are present, then you will not be eligible for court supervision. This includes:
- Aggravated speeding in a school zone
- Aggravated speeding in a construction zone
- A second offense of aggravated speeding
- Aggravated speeding in an urban area
- More than 2 sentences of court supervision for traffic offenses within the previous 12 months
- Aggravated speeding at a rate of speed that the judge finds excessive and will not allow court supervision
If you plead guilty or are found guilty at trial of aggravated speeding involving one or more of these factors, then you may not qualify for court supervision.
An aggravated speeding attorney in Chicago can work with you to determine your eligibility for court supervision. Depending on the facts of your case and your driving record, your lawyer may be able to have the charge against you reduced or amended to a lesser charge, such as petty speeding. This approach may allow you to be eligible for court supervision even if you otherwise would not qualify.
If I Am Convicted of Aggravated Speeding, Will I Have a Criminal Record?
Yes. If you are convicted of aggravated speeding, you will have a criminal record. This record will be available to the public and can affect your ability to get a job, go to school, find housing, and more. For individuals with a commercial drivers’ license (CDL), a conviction or supervision for aggravated speeding can impact their ability to earn a living.
Aggravated speeding is a criminal charge that can lead to jail time and a range of other consequences. If you have been issued a ticket for this offense, contact a Chicago traffic ticket lawyer to protect your rights and your freedom.
Is There a Limit to How Many Times I Can Receive Court Supervision?
Yes. Under Illinois law, there are limits on the number of times that you can receive court supervision. Specifically, you cannot be sentenced to court supervision if:
- You have received court supervision twice within the past 12 months for traffic offenses;
- If you are under the age of 21, you cannot receive supervision unless you agree to complete traffic school; and
- You cannot receive supervision on an aggravated speeding charge if you have been sentenced to court supervision for the same offense in the past.
There are a number of other situations where you may not qualify for court supervision. If you have been charged with aggravated speeding and are interested in obtaining the best outcome possible, your best course of action is to reach out to an attorney as soon as possible for a free initial consultation.
How Does a Judge Decide Whether I Should Receive Court Supervision for Aggravated Speeding?
Court supervision is not automatic for aggravated speeding or any other offense. First, you must qualify for this program. As detailed above, if certain facts are present in your case – such as aggravated speeding in a construction zone – then you will not be eligible for court supervision.
Second, if you do qualify, then the judge uses their discretion to decide whether to sentence you to court supervision instead of a conviction. The court will look at the circumstances of the speeding case, along with your prior criminal and driving history and any mitigating factors. Your attorney can prepare paperwork for the judge that outlines any issues related to mitigation, which involve anything that may tend to reduce your culpability for the offense.
Third, the court must then determine whether you are likely to commit more violations and if both you and the public would be best served by you receiving supervision. Finally, the judge must decide if it would be in the interests of justice to sentence you to supervision.
Court supervision is not automatic. Also, court supervision might not even be the best outcome for you and your particular case. This is why it is so important to retain a knowledgeable attorney to represent you. Your lawyer will gather evidence and present an argument to the court to help you resolve your case in the most favorable way possible.
Charged with Aggravated Speeding? We’re Here for You.
There are few things more nerve-wracking than seeing flashing red and blue lights in your rearview mirror, knowing that you’re about to be pulled over by the police. When you find yourself facing criminal charges for aggravated speeding or another offense, such as DUI, we’ll help you fight back.
At Driver Defense Team, our law firm aggressively advocates for clients in Cook County, Lake County, and Dupage County. We use our knowledge of the law and the criminal justice system to help our clients achieve the best possible results for their traffic tickets. To learn more or to schedule a free consultation with a traffic violation attorney in Chicago, reach out today at 312-940-8330 (text or call), or fill out our online contact form.