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Can a Driver Go to Jail for Aggravated Speeding Violations?

Posted on in Traffic violations

IL defense lawyerDrivers should always be aware of the legal speed limit when they are driving. Illinois roadways are usually thorough about posting speed limit signs to make drivers aware of what speed they should not exceed.

Simple speeding is a traffic violation that is punished with a ticket to be paid, but aggravated speeding comes with heavier penalties because it is a more serious crime. It is an act that puts the driver and others around them in danger of a collision; therefore, it is possible to serve a jail term after a conviction of aggravated speeding.

Simple Speeding Versus Aggravated Speeding

Illinois law says that aggravated speeding is when a driver operates their vehicle in excess of 26 miles per hour over the legal limit. Everything lower than that - but still over the speed limit - is considered simple speeding.

Police officers patrol and enforce the speed limits with a handheld radar gun which uses wind speeds to measure the rate of a vehicle’s speed. Depending on the miles per hour over the limit, the traffic citation will be costly:

  • Speeding not more than 20 miles per hour over the limit is punished with a fine of $120
  • Speeding over 20 miles per hour, but less than 26 miles per hour over the limit is punished with a fine of $140
  • Speeding at 26-34 miles per hour over the limit is considered a Class B misdemeanor act of aggravated speeding.
  • Speeding over 35 miles per hour more than the limit is considered a Class A misdemeanor act of aggravated speeding

Both misdemeanor aggravated speeding violations come with prison time - up to six months for a Class B misdemeanor and up to one year for a Class A misdemeanor. Fines also become heavier against aggravated speeding violators - up to $1,500 for a Class B misdemeanor and up to $2,500 for a Class A misdemeanor.

Speeding penalties with a school or a construction zone will be elevated as well. Illinois has a minimum fine of $150 for speeding in a school zone and a minimum fine of $250 for speeding within a construction zone.

Contact an Elgin, IL Aggravated Speeding Attorney

Depending on the violation, a driver could also possibly lose their driving privileges as a result of aggravated speeding. It is best to have a lawyer at your side when defending your rights in court. The lawyers of the Law Offices of Brian J. Mirandola have experience defending against a variety of traffic violations. To schedule a free consultation with a Kane County traffic violations lawyer, call our office at 847-488-0889.

 

Sources:

https://www.isp.state.il.us/traffic/speedlimitenf.cfm

http://www.ilga.gov/legislation/ilcs/documents/062500050K11-601.5.htm

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Avvo Illinois State Bar Association Kane COunty Bar Association
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