NOTE: This article includes updated material to explain the impact of Public Act 98-511 (effective January 1, 2014) and Public Act 101-0027 (effective January 1, 2020). Since these Acts became effective, there have been numerous changes to the Illinois Traffic Code, including the offenses of aggravated speeding and DUI.
625 ILCS 5/11-601.5
Driving 40 miles per hour (MPH) or more over the speed limit in Illinois is not just a traffic ticket. It is a criminal offense that can involve a jail sentence. See 625 ILCS 5/11-601.5.
Speeding at least 35 MPH or more over the posted limit is a Class A misdemeanor offense. The offense used to be called aggravated speeding. In Illinois, a Class A misdemeanor has penalties of up to one year in jail and a $2,500 fine. Though the state courts may sentence the defendant to probation and community service, instead of confinement.
Once upon a time, all speeding tickets for 39 MPH over the limit and used to be petty offenses, punishable only by fines. But now, speeding 26 MPH over the limit is a Class B misdemeanor.
For ordinary speeding tickets, the typical outcome is a fine, supervision, and possibly traffic school – such as a defensive driving course. Supervision is a special sentence which results in the dismissal of the charge without a conviction. But the defendant must pay a fine and go 90 to 120 days (three to four months) without any other tickets.
Although supervision does appear on your driver’s record, called a driver’s abstract, it is not a conviction. Therefore, supervision does not result in points on your license. Additionally, it is generally is not relied on by insurance companies to increase your premiums.
Important Issues
Speeding 40 MPH or more over the limit raises two important issues:
- It is a criminal offense with a possible jail sentence and criminal record.
- It still counts on your driver’s abstract.
The outcome of a court case for aggravated speeding depends on the judge and local practices. Some judges regard these offenses as very serious and, although jail is not likely, they may impose community service. If your driver’s record is poor, then jail is actually a possibility.
A conviction for this offense will result in a very high assignment of points to your license. A high point total can result in driver’s license suspension. These points can also lead to license revocation for one year, which requires an appearance at a Secretary of State formal hearing in order to be reinstated.
Supervision is still available for aggravated speeding. The worst-case scenario would occur if a defendant under supervision for aggravated speeding gets another speeding ticket. The new ticket would constitute a violation of the previous sentence. At that point, the defendant would go through re-sentencing, which includes the possibility of the maximum sentence (up to one year in jail).
The author of this article once represented a client who was pulled over driving a Corvette approximately 127 MPH on I-94. That client was prosecuted in the Second Municipal District Court of Cook County (Skokie) and received supervision on a petty offense.
At one time, it was possible to challenge speeding tickets based on the laser radar technology called LIDAR. The writer of this article defended a man charged with aggravated speeding on I-294 in the Circuit Court of Cook County, Fifth Municipal District (Bridgeview). By successfully arguing against LIDAR, the charge was dismissed on September 2, 2009 (Case No. 55791263). That being said, the LIDAR defense is generally no longer available.
Moving forward
A ticket for speeding 40 MPH over the limit is a serious offense, and judges are cracking down. Moving forward, this type of offense is viewed on a similar level to DUI charges. Even though drivers may legally consume alcohol or cannabis (starting in 2020), they must refrain from operating a motor vehicle while impaired. Otherwise, they can face criminal consequences, including jail time and fines.
