Orland Park Misdemeanor Speeding Defense Attonrey

Attorney for Speeding 26 MPH Over the Speed Limit Located in Orland Park, IL

Speeding is one of the most common traffic violations in Illinois, but not all speeding offenses are treated equally under the law. While minor speeding infractions may result in a simple fine, more serious speeding violations can lead to misdemeanor charges. Illinois law takes a particularly strict stance on drivers who exceed the speed limit by substantial margins, and these offenses can result in a criminal record, fines, and even jail time. Beyond the immediate penalties, speeding offenses can have lasting effects on your driving record, potentially leading to license suspension or revocation.

If you are facing charges for speeding, it is crucial to understand your legal options. The experienced attorney at Issa Law, LLC can help you navigate the complexities of Illinois traffic law, potentially reducing the severity of the charges against you or even helping you avoid a conviction altogether. With the right legal representation, you can protect your driving privileges and minimize the impact of a speeding offense on your criminal record.

The Evolution of Speeding Laws in Illinois

In 2014, an Illinois law took effect making speeding in excess of 25 miles per hour a misdemeanor, the same level of crime as most DUI offenses. That law also prohibited people from obtaining court supervision, a type of deferred prosecution, which would allow them to avoid a conviction. Avoiding a conviction prevents the Illinois Secretary of State from suspending your driver's license. As a result, many people have been convicted of misdemeanor offenses, leading to a black mark not only on their driving history but also their criminal record.

In 2016, the Illinois General Assembly realized the severe nature of the law passed in 2014 and amended it to allow court supervision to be granted in these cases. This is not without a catch, however, as the law provides that a person can only receive court supervision once in their life for speeding in excess of 26 miles per hour over the speed limit. This limitation is similar to the laws surrounding court supervision and driving under the influence or reckless driving.

The law was updated again in 2019. Following this change, speeding in which a person is at least 26 miles per hour over the posted speed limit will result in Class B misdemeanor charges. A person who drives at least 35 miles per hour over the posted speed limit may be charged with a Class A misdemeanor. A conviction for a Class B misdemeanor may result in a prison sentence of up to six months, and a Class A misdemeanor conviction may result in a sentence of up to one year.

Driving Record Points and License Suspension or Revocation

In addition to the criminal penalties associated with excessive speeding, drivers in Illinois may also face administrative consequences from the Illinois Secretary of State. Illinois uses a points system, with different traffic violations adding points to their driving record. The more serious the offense, the higher the number of points that may be added. Speeding violations can add anywhere from five to fifty points to a person's record, depending on how far over the speed limit they were driving or whether other factors were involved, such as speeding in a school zone or construction zone.

Accumulating too many points can lead to the suspension or revocation of a person's driver's license. Accumulating three traffic violations within a 12-month period will result in a mandatory license suspension. The length of the suspension will depend on the total number of points accrued. Additional offenses will result in longer periods of license suspension. If a driver accumulates an excessive number of points, the state may revoke their license altogether, requiring them to go through a lengthy and complicated process to have it reinstated.

For those with commercial driver's licenses (CDLs), the consequences can be even more severe, potentially impacting their livelihood. Multiple violations can lead to disqualification from operating a commercial vehicle, even if the offenses occurred while driving a personal vehicle.

Contact Our Joliet Misdemeanor Speeding Defense Attorney

If you have been charged with speeding 26 mph or more over the posted speed limit, there are ways we may be able to help you prevent a conviction and protect against the loss of your driver's license. We have represented numerous people charged with misdemeanor speeding, and we know how to obtain the best results possible for our clients. Contact us at 708-966-2408 and schedule a consultation today.