• Fawell & Associates

Aggravated Speeding: 35+ MPH Over the Speed Limit

Updated: Feb 11


What Is Aggravated Speeding?

Speeding thirty-five (35) miles per hour or more over the speed limit is considered "aggravated" and carries more serious consequences than standard speeding. The statutes governing aggravated speeding can be found at 625 ILCS 5/11-601.5.



What are the Potential Penalties for Aggravated Speeding (35 MPH or More) over the Speed Limit?

Speeding thirty-five (35) miles per hour or more over the speed limit is a Class A misdemeanor.



Possible Sentences: Court Supervision, Conditional Discharge, or Probation

For a violation of this offense, you can be sentenced to up to two (2) years of court supervision, conditional discharge, or probation. 730 ILCS 5/5-4.5-55


Your driving history, age, and the facts of your case may preclude you from receiving court supervision. Even if you are eligible, you are not guaranteed to receive court supervision as a sentence. It is important to contact an attorney to ensure you qualify for and receive court supervision.



What Could Prevent Me from Getting Court Supervision?

Too Many Moving Violations- You can receive court supervision for moving violations a maximum of two (2) times within one year. 730 ILCS 5/5-6-1(k).


Speeding in an Urban District- If you received a ticket for aggravated speeding (26+ MPH over the speed limit) and that speeding violation occurred in an "urban district" you are precluded from receiving court supervision. 730 ILCS 5/5-6-1(q). However, this restriction may not apply if you were driving on an interstate highway located in an "urban district". 625 ILCS 5/11-601(a-5).


Prior Aggravated Speeding- Any previous violation of aggravated speeding precludes you from getting court supervision. If you previously received any sentence for aggravated speeding (court supervision, conviction, conditional discharge, or probation), you cannot receive court supervision on a new aggravated speeding ticket. 730 ILCS 5/5-6-1(p)


Under 21 and Previous "Serious Traffic Offense"- If you are ticketed or arrested for aggravated speeding and you have a previous violation (court supervision, conviction, conditional discharge, or probation) for a "serious traffic offense", you cannot receive a sentence of court supervision for aggravates speeding. 730 ILCS 5/5-6-1(h)(2).


Under 18 Years Old- If you are ticketed for speeding when you are under eighteen (18) years old and are eligible for court supervision, you cannot receive court supervision unless a parent appears with you in court and gives written consent. The judge can waive this requirement upon a showing of "good cause." 730 ILCS 5/5-6-1(n).


Caused Death- If your traffic violation was the proximate cause of death for another, and you have either:

-(1) Any previous traffic violation (excluding equipment violations); Or

-(2) Your license has previously been revoked, suspended, or canceled,

then you cannot receive court supervision. 730 ILCS 5/5-6-1(j)



Do I Have to Complete Driver Improvement School?

A judge can require you complete driver improvement school, a defensive driving class, or even a victim impact panel if they feel it would be an appropriate condition of your sentence.


Under 21 Years Old- If you are under twenty-one (21) years old and receive court supervision, you must complete a driver improvement course. Failure to complete the driver improvement course will cause a conviction to enter. 720 ILCS 5/5-6-1(h)(1)



Jail

Speeding thirty-five (35) MPH or more over the speed limit is punishable by up to 1 year in jail. 730 ILCS 5/5-4.5-55(a)



Fines

Speeding (35) MPH over the speed limit or more in violation of 625 ILCS 5/11-601.5(b) carries a minimum fine of seventy-five dollars ($75.00) and up to two thousand five hundred dollars ($2,500.00). You may also be assessed court costs in addition to any fine. 730 ILCS 5/5-4.5-55(e)



Collateral Consequences of an Aggravated Speeding Ticket

In addition to any criminal penalties, you should consider several other factors:


Secretary of State Suspension or Revocation- Anytime you commit a traffic violation, the Illinois Secretary of State may suspend or revoke your driving privileges based upon the facts of your case and your driving history.


Commercial Driver's License (CDL)- If you have a Commercial Drivers License (CDL), a traffic ticket could lead to suspension or revocation of your CDL privileges.


Insurance- Your insurance company may consider your traffic offense and driving history when assessing your insurance rates.




Closing Thoughts

Though aggravated speeding may seem like an innocuous crime, it carries some potentially severe penalties. Speeding 35 MPH or more over the speed limit is punishable by a maximum fine of one thousand dollars ($2,500) and up to one (1) year in jail. A finding of guilty for speeding can lead to suspension or revocation of your driver's license, CDL, or changes to your insurance rate.


Every case is unique. It is important to consult with an attorney who can help you determine your best options moving forward. An attorney can review the facts of your case and the evidence against you to help determine the best course of action for you and your case.


If you have received a traffic ticket, we can help. Our firm has defended traffic tickets in the Chicagoland area for over 30 years. Call our office for a free consultation if you have received a ticket in DuPage, Cook, Lake, Kane, Will, or Kendall County.

33 views0 comments