NOTE: The materials below were refreshed to outline how Public Act 100-1004 adjusted Illinois law. After this act became effective on January 1, 2019, it can be a Class A misdemeanor to drive on license suspended for speeding 26mph over the limit.
Section 11-601.5(a) of the Vehicle Code
Illinois drivers are finding out that state laws on speeding aren’t what they used to be. Drivers used to have to worry about misdemeanor charges only when speeding more than 30 miles per hour (MPH) over the limit. But under a new state laws, a motorist can get a misdemeanor for driving even slower than that.
The most recent change in the law makes it a crime to speed just 26 MPH over the limit. Under Section 11-601.5(a) of the Vehicle Code, speeding 26-34 MPH over the posted limit is a Class B misdemeanor offense. The potential penalty for any Class B misdemeanor is 180 days in the county jail and a $1,500 fine.
To make matters worse, the driver is not eligible for supervision. The court is required to impose a permanent conviction, which can also result in a suspended driver’s license.
Uniform Traffic Citations
Starting in January of 2019, there are new rules in Illinois for Uniform Traffic Citations and driving on a suspended license, even in cases of aggravated speeding. If a person accrues at least three of these citations and neglects to satisfy the required fees, they can face Class A misdemeanor charges. A conviction for a Class A misdemeanor in Illinois can lead to a maximum 364 days in jail and up to $2,500 in criminal fines.
Speeding 26 MPH over the limit is a ticket for which the motorist should likely hire an attorney. The judge presiding in traffic court is required to advise the accused that they are facing a misdemeanor offense punishable by a jail sentence and continue the case for legal counsel.
The reason traffic court judges require people to retain counsel is that they want to retain the right to sentence the offender to jail, if the circumstances warrant such a punishment. The law in the United States is that the accused cannot be sentenced to jail unless they are represented by counsel.
Attorneys representing clients in these cases would agree that traffic court has become very political in recent years. Speeding is now regarded as a very serious offense because the media has reported on leniency by traffic court judges for repeat offenders. An attorney who is knowledgeable and experienced is now a necessity to protect your driving privileges and avoid a criminal record. If you have legal questions, contact Sami Azhari to get answers and start planning your defense.
