Answers to frequently asked questions about speeding
Speeding attorney serving Cook, DuPage, DeKalb, Grundy, Kane, Kankakee, Kendall, LaSalle, Ogle and Will counties
Whether you're going 1 mph or 100 mph over the posted speed limit, speeding can result in a ticket (aka a subpoena). As the police activate the red and blue lights behind us, we all expect them to let us go with a warning. But if not, then you need a good speeding attorney on your side. Traffic Attorney Clyde Guilamo is a former prosecutor with over 11 years experience and ready to protect your driving rights.
Illinois teens and adults face court charges for speeding! And before you try to explain what happened, you should know that the judges heard all sorts of reasons: "I was late for work to pick up the kids or to come home." Did you know that's one of the worst things you can say to the police? In this comprehensive guide to Illinois speeding (625 ILCS 5/11-601 and 625 ILCS 5/11-601.5), I'll explain why and answer many other questions you may have:
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|1.What is Speeding 625 ILCS 5/11-601?|
|2.What does "more than reasonable and reasonable in relation to traffic conditions" mean?|
|3.Is speeding a misdemeanor, a misdemeanor or a felony?|
|4.Can you get a suspended sentence?|
|5.Am I entitled to court supervision?|
|6.What other sentencing conditions might a judge order?|
|7.How does speeding affect my driving privileges?|
|8.Can I eliminate my speed fall?|
|9.What evidence do the police use in speeding cases?|
|10.Do I have to go to court?|
|11.What percentage of your sentence will you serve on a 730 ILCS 130/3 ticket?|
|Here's how to keep a speeding incident off your record|
|12.Hit a speeding ticket at trial|
|13.Win a case with a proposal|
|14.How to Avoid Conviction through Diversion or Deferred Prosecution Programs?|
|15.How to Avoid Conviction by Award-Winning Delation (Reduction of Collection)?|
What is Speeding 625 ILCS 5/11-601?
Most people understand that speeding means driving faster than the posted speed limit. But did you know that you can be fined for speeding even if you go under the legal limit? The law is in625 ILCS 5/11-601. It states: "No vehicle shall be driven on any highway in this State at a speed in excess of what is reasonable and reasonable having regard to traffic conditions and highway use, or which endangers the safety of any person or property." ." . Also, "No one may drive a vehicle on any highway in this State at a speed exceeding the applicable speed limit [.]"
What does "more than reasonable and reasonable in relation to traffic conditions" mean?
In general, you should slow down when necessary to avoid colliding with people or vehicles on or in the roadway. Here are some of the conditions that can cause you to slow down:
- pedestrians (i.e. reckless, small children or heavy foot traffic);
- precipitation (e.g. rain, snow or ice);
- visibility problems (e.g. night, heavy rain or fog);
- Dangerous terrain (e.g. hidden sidewalks, level crossings or crossings with obstructed view);
- Obstacles (eg, heavy traffic, disabled vehicles, or debris); and or
- Road problems (e.g. gravel roads, potholes or pedestrians).
Is speeding a misdemeanor, a misdemeanor or a felony?
Accelerating from 1 to 25 mph over the speed limit is a minor offence. Administrative offenses are violations of the law that are not punishable by imprisonment. However,Accelerating 26 to 34 mph over the speed limit is a Class B infraction.625 ILCS 5/11-601.5(The). Class B crimes are punishable by up to 6 months in prison.Accelerating 26 mph or more above the speed limit is a Class A misdemeanor. 625 ILCS 5/11-601.5(b). Class A crimes are punishable by up to 364 days in prison. There is no “criminal speeding” in the state of Illinois. (If someone was harmed by speeding, the state may charge you with another crime, such as reckless driving or reckless manslaughter.)
Can you get a suspended sentence?
Yes. If you receive a traffic ticket, you are entitled to a suspended sentence of up to 24 months in oneclass aorAdministrative offense BOr until6 months for misdemeanor. Not only are they eligible for parole, but Illinois law suggests: “the courtwe canimpose a suspended or suspended sentence on an offender unless the court, taking into account the nature and circumstances of the offense and the history, character and condition of the offender, considers that: his arrest or temporary imprisonment it is for Public protection required; or a suspended sentence or parole would detract from the seriousness of the offender's conduct and would be inconsistent with the purposes of justice".730 ILCS 5/5-6-1(A).
Unfortunately, probation is a conviction that can affect your driving privileges. Therefore, it is far better to receive supervision that does not constitute conviction and does not affect your driving privileges.
Am I entitled to court supervision?
In general, a judge can order you to remain in court for a speeding ticket. 730 ILCS 5/5-6-1(c). To receive supervision, you must 1) appear in court and request supervision, or 2) take a court-approved defensive driving course and pay the fine. However, you are not entitled to judicial supervision if you are driving 26 miles per hour or more over the applicable speed limit and:
- You have a previous conviction for surveillance or speeding offenses; or
- They were in "a municipality" (see 625 ILCS 5/1-214).
What other sentencing conditions might a judge order?
Here is a list of possible sentencing conditions a judge may order for speeding:
- Take a defensive driving course;
- do community service;
- pay a fine;
- Purchase a license;
- Make an insurance;
- Sit in the square;
- Take drug/alcohol classes;
- Conduct a mental health assessment; and or
- Make amends to someone who has been wronged.
How does speeding affect my driving privileges?
Persons under the age of 21 will have their license suspended and/or revoked if they commit two or more traffic violations within a 24 month (2 year) period. Adults over the age of 21 will have their driving license suspended and/or revoked if they commit 3 or more traffic offenses in a 1 year period. Please note: only convictions (no court oversight) affect your driving eligibility, which is why traffic attorneys fight so hard to gain oversight of first-time offenders. Because speeding is a traffic violation, a conviction could result in you losing your driver's license.
Speeding points stay in your logbook for 7 years. if you were drivingonethe limit posted by:
- 1 to 10 MPH, then 5 points will be added to your driving record.
- 11 to 14 MPH, then 15 points will be added to your driving record.
- 15 to 25 MPH, 20 points will be added to your driving license.
- At more than 40 km/h, 50 points are added to your ticket.
- If you accelerate/don't slow down too fast for the conditions to avoid a crash, 10 points will be added to your driving record.(92 Fig. Administration code 1040.20(A)).
The duration of the suspension or revocation depends on how many points you have earned at the time of the suspension. So if you are an adult over the age of 21 and have had 3 traffic violations in a year without previous bans, the duration of your ban will be:
- 0 to 14 points: no suspension
- 15 to 44 points: 2 month ban
- 45 to 74 points: 3 month ban
- 75 to 89 points: 6 months ban
- 90 to 99 points: ban of 9 months
- 100 to 109 points: 12 month ban
- From 110 points: Driver's license revoked (92 sick. Adm. Code 1040.30(A)).
If you are under 21 years old and have 2 or more traffic violations in 1 year without previous suspensions, the duration of the suspension is:
- 0 to 9 points: no suspension
- 10 to 34 points: 1 month ban
- 35 to 49 points: 3 month ban
- 50 to 64 points: 6 months ban
- 65 to 79 points: 12 month ban
- 80 or more points: driver's license suspension (92 Fig. Administration code 1040.29(A)).
Can I eliminate my speed fall?
You can't eliminate a small speeding ticket. However, you can delete a speeding ticket if it results in an oversight.20 ILCS 2630/5.2(a)(3)(B). It is important to request removal if you have been prosecuted for a speeding ticket, as you cannot be prosecuted again if you subsequently infringe the offence. So you can only be supervised if you solve the first ticket.
What evidence do the police use in speeding cases?
First, "You know why I stopped you" is an attempt by the police officer to extract a confession from you. If you say "because I was speeding," that admission can be used against you in a court of law. Many people unknowingly give up their right to self-incrimination by answering this question. Don't admit to breaking the law. #nãoéconselholegal #common sense.
Sometimes the confession is more subtle. When the officer asks, "Why are you driving so fast," legitimate answers are rarely enough to stop the officer and .
In addition to confessions, other things police use against people in speeding cases include:
- radar (instrument that uses radio waves to determine speed);
- Tuning forks (an object that vibrates at a certain speed to test if the radar is reading its speed correctly)
- lidar (instrument that uses light to determine speed);
- pace (a cop driving at a certain speed over time to gauge how fast you're going);
- Dashboard cameras (a camera mounted on top of the officer's dashboard that can show your passing vehicle);
- body cameras (a camera used by the officer that can capture your admission of speeding);
- speed cameras (a stationary camera that monitors traffic using lidar or radar);
- witness watching (a person or officer saying you were speeding); and or
- Crash/damage photos (pictures of an accident used to argue that you were speeding).
Do I have to go to court?
AlthoughYou do not have to appear in court in speeding cases, you should probably go to court in order not to lose certain advantages. For example, the judge can convict you if you fail to appear in court. This is known as an ex parte judgment and can have a negative impact on your driver's license. The only way to avoid this is to either 1) appear in court, or 2) take a court-approved defensive driving course and pay the fine.
If you drove 26 mph or more than the speed limit you must appear in court!These cases are misdemeanors that a judge can sentence you to jail for. If you don't show up, the judge can issue a warrant for your arrest.
What percentage of your sentence will you serve on a 730 ILCS 130/3 ticket?
If the judge is thinking of sending you to jail, know that speeding is a 50 percent penalty. The Illinois Truth-In-Sentencing Act states: "The prisoner shall receive one day's good behavior allowance for each day served in the county jail[.]."730 ILCS 130/3. However, you will not accumulate good time credit if the judge sentences you to life imprisonment. This is very important when deciding whether you want to be arrested directly or only at the weekend.
Here's how to keep a speeding incident off your record
There are several ways to remove a conviction for this crime from your criminal record. Here are some of the possibilities:
Hit a speeding ticket at trial
Challenge the outcome of Radar or Dealing.
The devices that determine your speed must be properly calibrated to be accurate. In other words, the state must ensure that the number displayed on the device really corresponds to the speed at which your car was moving. Your traffic attorney should request records of police radar maintenance. If you find that a certified technician has not calibrated the device for an extended period of time, you may have reasonable doubts about the accuracy of the device.
Another way to challenge the speedometer result is to prove that it was improperly operated. Officers take training courses and become certified lidar or radar operators. In preparing for the trial, your speeding ticket attorney should also request the officer's attestation. If the officer lets your certification expire, you may be able to raise enough doubts to win the case.
Note: Even certified officers can operate speedometers incorrectly. Most cars do not drive directly towards the police officer. Therefore, the officer can move or rotate the radar while his vehicle is in motion. However, proper operation of a lidar or radar gun requires the device to be held still. In cases where the officer is not stopped to wait for a speeding violation, where he says he just overtook someone he "thought" was speeding, it could be argued that the movement of the radar operator raises doubts about the accuracy of the speedometer.
Other ways to win in court
Here are more points you can argue to win your case:
- Fog, rain and snow can affect the accuracy of radar/lidar devices;
- interference from radios, power lines, neon lights;
- The device detected the speed of another vehicle that was near your car;
- The officer measured his speed while he or she was also moving.
The one thing that never wins a speeding case: I know I was wrong, but. . . (Forgiveness) . . . The reason for speeding should be reserved for the sentencing, not the trial. At trial, you should argue why you're not guilty, not that you're guilty, but you need a break!
Win a case with a proposal
If the biggest evidence against you was radar/lidar, and discovery tells you that the device has not been properly maintained or calibrated, suppression may be the solution. A ticket attorney can challenge the admissibility of the radar result. If the court finds that it was improperly upheld, the court can prevent the state from using its finding in evidence. This may result in your case being rejected.
How to Avoid Conviction through Diversion or Deferred Prosecution Programs?
Many counties have bypass or deferral programs that are alternatives to the criminal justice system. Essentially, you and the prosecutor reach an agreement that if you meet the conditions of the program (which typically include treatment, tuition, and/or community service), the case that brought you to court will be dropped. When the organizer offers a diversionary program, acceptance and adherence to the program is almost always the best possible outcome. A typical diversionary program would be that you complete a defensive driving course.
How to Avoid Conviction by Award-Winning Delation (Reduction of Collection)?
Prosecutors sometimes enter into agreements with the defendant reducing these cases of misdemeanor to speeding. This mutual agreement is a good solution because 1) you can no longer be arrested, 2) you are entitled to supervision for this and all subsequent offenses and/or 3) less than half the points will be added to your driving record what can significantly reduce the length of your suspension.
If you hold a CDL (commercial driver's license), a speeding ticket could result in you losing your CDL and your ability to support your family. Given the dire consequences that traffic violations have for CDL holders, speeding attorneys argue that the state converts the fines into a traffic violation. This could be illegal coloring or illegal parking.
Other traffic guides
If you are looking for information about:
- DUI cases, then check out ourGuide to DUI Casesin Illinois.
- Driving cases with a suspended or revoked driver's license, stay tuned for my next guide in March 2023.
- Controlled substance possession cases, check out oursGuide to Possessionsin Illinois.
- Cannabis case possession, stay tuned for my next guide in April 2023.
Hire Clyde Guilamo, Illinois speeding attorney
Ultimately, I hope this free guide to legal education has been helpful. #nãoéconselholegal. If you found this article helpful, please give us arate on google! If you have specific questions about your case, call me today for a free consultation:
I can't fit more than 10 years of criminal practice and 3 years of law school on one site. If you've made it this far, it means you or someone you love has a criminal case. Call the law firm of Clyde Guilamo, LLC for a free consultation.