Under Illinois law speeding 26 mph or more in excess of the posted speed limit is no longer a petty offense, it is a misdemeanor criminal offense. Aggravated Speeding 26-34 mph over the posted speed limit is charged as a Class B Misdemeanor, punishable by up to six (6) months in jail and a $1,500 fine plus mandatory court costs.
Aggravated Speeding 35 mph or more over the posted speed limit is a Class A Misdemeanor, punishable by up to twelve (12) months in jail and a $2,500 fine plus court costs.
For either of these offenses, a defendant who pleads guilty or is found guilty by the court faces the possible entry of a misdemeanor conviction on their public record among other penalties imposed by the court.
Under the most recent changes in the law (effective January 1, 2016), a driver may be eligible for Court Supervision if the driver has never been convicted or been given Court Supervision for aggravated speeding in the past. Court Supervision is a sentence that prevents a conviction from appearing on the driver's public record so long as the period of supervision is completed successfully (i.e. without any further traffic violations or offenses). Conditions such as community service, traffic safety school and fines may also be ordered as part of any sentence.
The law prohibits court supervision for aggravated speeding in a highway-construction zone, school zone or in an urban district. As a result, if the defendant pleads guilty or is found guilty after trial, a conviction is the only available sentence. Therefore, an amendment to the charge or a verdict of not guilty after trial is necessary to keep a misdemeanor criminal offense from appearing on the defendant's public driving record.
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