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Can Speeding be a criminal offense in Illinois

Aggravated Speeding in Illinois now includes any speed 26 MPH or more in excess of the speed limit.

In the Chicago area, where highway speed limits are typically 55 MPH, this means that anyone traveling 81 MPH or more may be committing a criminal offense. Watch the video to learn more, or read the transcript below. 

Transcript: Can speeding be a crime in Illinois? Welcome, I'm Steve Fagan from the law firm of Fagan, Fagan & Davis. I'm a criminal, DUI and traffic defense Attorney here in the state of Illinois, join me for a minute while we talk about that question. Can speeding be a crime in Illinois? The truth is that most of the speeding is considered a petty offense. Petty offenses are punishable under the law by fine only. So what can make speeding a crime? Well, a couple years ago, the legislature here in Illinois decided that anyone caught speeding 31 miles per hour or above would be subject to criminal penalties. What are criminal penalties? That means jail is a possibility. From 31 to 39 miles per hour above the speed limit, you can be found guilty of a class B misdemeanor, punishable by up to fifteen-hundred dollars in fines, and up to 180 days in jail.
However, for that class of offenses, currently supervision is available. Supervision, while it's not going to permanently remove anything from your driving record, is going to avoid a conviction on your record. That said, the Legislature has also decided that forty miles an hour over the speed limit or more is what's called a class A misdemeanor. A class A misdemeanor is punishable by up to 364 days in jail and up to twenty-five hundred dollars in fines, plus court costs. Unfortunately, in this case, a sentence of supervision is not available because the state legislature decided to not make supervision available for that kind of offense. That means if you're found guilty of going 40 miles per hour above the speed limit in Illinois, you cannot get supervision, you must be convicted, and you will have a criminal record. That's why it's so important that you consider finding the best possible Attorney you can to help with your defense in a criminal speeding ticket.

Thank you for joining me. My name is Steve Fagan from the Law firm of Fagan, Fagan and Davis, call us if we can help you. Again, thanks for joining me today.

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