How is Speeding in a Construction Zone Different From a Regular Speeding Ticket?
Speeding in a construction zone in violation of 625 ILCS 5/11-605.1 has the same classifications as a general speeding ticket:
- Speeding 1-25 MPH over the limit is a petty offense.
- Aggravated Speeding 26-34 MPH over the limit is a Class B misdemeanor.
- Aggravated Speeding 35+ over the speed limit is a Class A misdemeanor.
Though the sentencing classifications are the same, Speeding in a Construction Zone carries additional penalties.
What are the Potential Penalties for Speeding in a Construction Zone?
Can I get Court Supervision?
No. Speeding in a construction zone does not allow for a sentence of court supervision. 730 ILCS 5/5-6-1(f)
Possible Sentences: Conditional Discharge or Probation
You can receive up to six (6) months of conditional discharge or probation for a petty offense violation. 730 ILCS 5/5-4.5-75. Class A or Class B violations of this offense are punishable by a maximum of two (2) years conditional discharge or probation. 730 ILCS 5/5-4.5-60, 730 ILCS 5/5-4.5-55.
Do I Have to Complete Driver Improvement School?
Maybe. 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.
Could My License be Suspended or Revoked?
Yes. A second violation of this offense within two (2) years of the date of the previous violation will cause your license to be suspended for ninety (90) days. 625 ILCS 5/6-206(a)(41). This statute is at odds with 625 ILCS 5/11-605.1(g), which holds that a 90-day suspension occurs only if the current violation and at least one (1) prior violation of this offense occurred when workers were present in the construction zone.
Generally, the Secretary of State will follow the wording in 625 ILCS 5/6-206(a)(41).
Could I be Sentenced to Jail?
Yes. A Class B violation of this offense is punishable by up to 6 months in jail. 730 ILCS 5/5-4.5-60(a). Class A violations of this offense are punishable by up to 1 year in jail. 730 ILCS 5/5-4.5-55(a).
How Much Could I be Fined?
Speeding in violation of 625 ILCS 5/11-605.1 carries a minimum fine of two-hundred fifty dollars ($250) for a first violation and a minimum of seven hundred fifty dollars ($750) fine for a second violation. 625 ILCS 5/11-605.1(d). A petty offense carries a maximum fine of one thousand dollars ($1,000.00), a Class B offense carries a maximum fine of one thousand five hundred dollars ($1,500.00), and a Class A violation carries a maximum fine of two thousand five hundred dollars ($2,500.00).
You may also be assessed court costs in addition to any fine. 730 ILCS 5/5-4.5-75(a)
Collateral Consequences of a Speeding in a Construction Zone
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
Speeding in a Construction Zone can lead to suspension or revocation of your driver's license, CDL, or changes to your insurance rate.
Every case is unique. It is essential 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.