What Is Speeding?
The Illinois Statute that prohibits speeding is found at 625 ILCS 5/11-601. Simply put, this statute prohibits motor vehicles from traveling at speeds greater than is reasonable and proper with regard to traffic conditions and the use of the highway. Unless designated otherwise, the maximum speed limit for standard passenger vehicles on Illinois roadways are as follows:
30 miles per hour speed limit in an "urban area" as defined by 625 ILCS 5/1-214.
15 miles per hour in an alley.
65 miles per hour on all designated highways outside of an "urban area" with 4 lanes of traffic with a separation between the roadways moving in opposite directions.
55 miles per hour for all other roads, highways, and streets outside of an "urban area."
70 miles per hour on any interstate highway and highways under the jurisdiction of the Illinois State Toll Highway Authority
55 miles per hour for all other highways, roads, and streets.
Cook, DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will County can adopt ordinances to set a lower maximum speed limit than prescribed by this statute.
What are the Potential Penalties for Speeding?
Speeding one (1) to twenty-five (25) miles per hour over the established speed limit in violation of 625 ILCS 5/11-601 is a petty offense.
Possible Sentences: Court Supervision, Conditional Discharge, or Probation
If you plead guilty or are found guilty of this offense, you can receive up to six (6) months of conditional discharge or probation or up to two (2) years of Court Supervision. 730 ILCS 5/5-4.5-75.
Your driving history, age, and the facts of your case may preclude you from receiving court supervision. Even if you are eligible for court supervision, you are not guaranteed to receive court supervision as a sentence. Contacting an attorney to ensure you qualify for and receive court supervision is essential.
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).
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 will enter. 720 ILCS 5/5-6-1(h)(1)
Could I be Sentenced to Jail?
You can not be given jail time for a speeding ticket in violation of 625 ILCS 5/11-601.
How Much Could I be Fined?
Speeding in violation of 625 ILCS 5/11-601 carries a minimum fine of seventy-five dollars ($75.00) and up to one thousand dollars ($1,000.00). You may also be assessed court costs in addition to any fine. 730 ILCS 5/5-4.5-75(a)
Collateral Consequences of a 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 speeding may seem like an innocuous crime, it carries some potentially severe penalties. Speeding is punishable by a maximum fine of one thousand dollars ($1,000). 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.