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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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IL defense lawyerIn 2015, the state of Illinois made the act of distributing “revenge porn” a felony offense. This crime is when a person distributes private, intimate photos and videos without permission of the person in the images.

Illinois amended the Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act - which covers revenge porn - so that victims of revenge porn can collect compensation starting the first of 2020.

What is Revenge Porn?

Typically, revenge porn occurs after a nasty breakup. One ex-partner unlawfully sends intimate material from their ex-partner in order to get back at them for the breakup. According to national statistics, 90 percent of revenge porn victims are female.

Under Illinois’s Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act, revenge porn includes pictures and/or videos of:

  • Sexual acts with a partner or solo
  • Exposure of a person’s intimate body parts
  • Intimate images of a person under 18 years old

Offenders are guilty of revenge porn if they knowingly distribute these types of images without the consent of the photographed person. Also, if the offender knew that the images were supposed to remain private, but they send them out anyway, they will be convicted accordingly.

Guilty parties will be charged with a Class 4 felony, punishable with a prison term of one to three years and a fine of up to $25,000.

New Amendment to the Law

When intimate photos of a person are distributed to people who were never supposed to see them, the victim can suffer more than just invasion of privacy:

  • Reputation can be harmed
  • If the images went to a boss or co-workers, the victim can lose their job
  • Younger victims in school can experience bullying
  • If put on the internet, the private photos will never go away and can harm a victim’s future goals - college, political aspirations, etc.

The humiliation and other repercussions a victim can experience because of revenge porn are why Illinois now allows those people to collect economic, emotional damages, and punitive damages.

The victim must report the crime and press charges within two years of the incident.

Offenders can defend the charges by proving - or attempting to prove - that they were not the ones that distributed the intimate images of the victim.

Contact an Elgin, IL Criminal Defense Attorney

Felony sex convictions come with a lot of punishments that will change a person’s life forever. Aside from prison and monetary fines, some sex charges come with a mandatory registration on the sex offender list. The lawyers of the Law Office of Brian J. Mirandola can help defend from serious punishments. To schedule a free consultation with a Kane County felony defense attorney, call our office at 847-488-0889.

 

Sources:

http://www.ilga.gov/legislation/ilcs/documents/072000050K11-23.5.htm

https://www.huffpost.com/entry/illinois-revenge-porn_n_6396436

https://www.nbcchicago.com/news/local/chicago-politics/new-illinois-laws-going-into-effect-in-2020/2191493/

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