Harsher Penalties for Speeding: New Aggravated Speeding Statute

A person driving more than 26 miles in excess of the posted speed limit commits the offense of Aggravated Speeding. Aggravated Speeding is classified as either a Class A or Class B misdemeanor depending on how fast a person was driving over the posted speed limit:

Penalties

1. Class B - A person who drives a vehicle between 26 and 35 miles above the posted speed limit commits a Class B misdemeanor. A Class B misdemeanor is punishable by a maximum of 180 days of jail and a fine of $1,500.00.
2. Class A - A person who drives a vehicle 35 mph or more above the posted speed limit commits a Class A misdemeanor. A Class A misdemeanor is punishable by a maximum of 364 days of jail and a $2,500.00 fine.

Appearance Required

A citation issued for either of these two offenses requires you to appear in court. As such, you cannot simply mail the fine and court costs in advance of the court date.

Conviction On Your Record

If convicted of either charge, you will have a criminal record which cannot be expunged. And you license may be suspended.

Effective January 1, 2016 the legislature amended the Aggravated Speeding statute to allow for court supervision as long the person has not been previously granted supervision or has been convicted of that offense. The amendment also does not apply to persons charged with speeding in excess of 26 miles per hour in a school zone or construction zone. 730 ILCS 5/5-6-1.

Representation

If you receive a citation for speeding in excess of 26 miles per hour, it is imperative that you contact The Law Office of J. Patrick Nelson, PC. Aggravated Speeding is not a petty offense and a conviction can result in losing your license and possibly your job. There is no fee for an initial consultation; and we can explain the court process and answer any questions you may have. The attorneys at The Law Office of J. Patrick Nelson, PC provide a high level of professionalism and experience defending traffic and criminal cases.