Aggravated Speeding: Not Just a Traffic Ticket

 Posted on May 12, 2015 in Traffic Violation

With the summer driving season rapidly approaching and the school year winding down, many in Illinois cannot wait to take to the roads in search of fun, relaxation, and leisure. The travel season, however, is not without its share of dangers, as many drivers, and in particular, young drivers, may be too focused on seeking excitement than adhering to the rules of the road. While certain offenses, like failing to come to a complete stop at a stop sign, may seem relatively insignificant, the reality is that any traffic violation can be a serious matter. Certain violations, such as aggravated speeding, are even subject to criminal prosecution under Illinois state law.

Definition of Aggravated Speeding

Many drivers justify speeding with claims that they are still driving safely. However, speed limits for a particular segment of roadway are established based on the features and conditions that impact the safety of motorists. Therefore, exceeding the speed limit places not only the speeding driver at risk, but those around him or her. A momentary lapse in attention or an unforeseen object in the road can lead to a deadly accident.

Under Illinois law, aggravated speeding is treated even more seriously than petty speeding. By statutory definition, a driver commits aggravated speeding by operating a motor vehicle in excess of 25 miles per hour (mph) over the posted speed limit. The law also provides that such actions are not only traffic violations, but are considered criminal offenses.

Associated Charges and Penalties

The criminal charges that may be filed in an aggravated speeding case are dependent on the circumstances of the individual situation. A driver who has exceeded the speed limit by at least 26 mph and less than 35 mph, will be charged with a Class B misdemeanor. Such a charge carries maximum penalties of up to six months in prison, $1,500 in fines, and probation. Exceeding the posted limit by 35 mph or more will result in Class A misdemeanor charges, punishable by up to a year in prison and $2,500 in fines.

The laws associated with aggravated speeding make it unlike most other traffic offenses. Many other violations can be resolved by a signature-based guilty plea and a payment of the necessary fine. An individual charged with aggravated speeding, however, must appear in court, and a criminal conviction is possible. A conviction, like that of most other criminal charges, will remain on the individual’s record for years into the future.

If you are facing charges of aggravated speeding in Illinois, you need representation from a lawyer who will fight you. Contact an experienced Chicago criminal defense attorney at the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney today. We offer a free initial consultation so that you can understand your options and have your questions answered by a qualified legal professional.