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Archive for the ‘aggravated speeding’ tag

What Is Aggravated Speeding in Rolling Meadows?

January 8th, 2019 at 9:54 pm

IL defense lawyerFor most drivers in Rolling Meadows, a speeding ticket is little more than an annoyance. These tickets often do not result in anything more than a fine. There are instances when a speeding ticket can result in much more. This is when the driver is charged with aggravated speeding. An aggravated speeding charge is very serious. Anyone charged with this crime should speak to a criminal defense lawyer in Rolling Meadows right away.

What Is Aggravated Speeding?

According to Illinois statute 625 ILCS 5/11-601.5, aggravated speeding consists of driving 26 miles per hour, or more, over the posted speed limit. At one time, traveling at these speeds was considered the same as a minor speeding ticket. However, due to the fact that driving at such speeds poses an increased threat to public safety, lawmakers in the state increased the penalties for aggravated speeding in 2011.

Aggravated speeding is still considered to be a misdemeanor offense. When a driver is traveling between 26 and 34 miles per hour over the posted speed limit, they can be charged with a Class B misdemeanor. The charge becomes more serious when a driver is traveling over 35 miles per hour the posted speed limit. In these cases, drivers can be charged with a Class A misdemeanor.

Penalties for Aggravated Speeding

When a driver is charged with aggravated speeding, the penalties are much more severe than simply being charged with lesser speeding offenses. In most cases, the driver will have their driver’s license suspended temporarily. In the worst case scenarios, a driver can actually have their license revoked, which means they are permanently prohibited from driving in the state.

Fines and jail time are also real possibilities when a person has been charged with aggravated speeding. Fines can be up to $2,500, in addition to court costs, and a person may be sentenced to spend up to one year in jail.

Court Supervision for Aggravated Speeding Charges

Court supervision is a more desirable penalty for aggravated speeding. Whether or not court supervision is sentenced will be left to the judge’s discretion.

Court supervision requires a person charged with a crime to comply with certain conditions that the judge will specify. These can include community service, attending traffic school, reporting to the court or other person designated by the court, or more. Illinois statute 730 ILCS 5/5-6-3.1 outlines the full definition and requirements of court supervision within the state.

Court supervision will typically last up to two years. When determining whether or not court supervision is an option, a judge will likely determine whether or not someone is likely to re-offend, if the accused is a threat to the public, and will deem whether or not court supervision is a preferred penalty over other possibilities.

Court supervision can be considered a deferred dismissal of the charge. Upon adequate completion, all of the charges will be dismissed and it will not result in a conviction.

Get the Help You Need from a Rolling Meadows Criminal Defense Lawyer

Aggravated speeding is considered to be a very serious crime in Rolling Meadows. If convicted, one could face serious penalties such as spending up to one year in jail. While a judge may offer court supervision as a penalty, it is not a guarantee.

If you have been charged with aggravated speeding, contact a dedicated Rolling Meadows criminal defense lawyer as soon as possible at 847-394-3200 for a free consultation. An attorney will fight for your rights in court and is your best chance at having the charges dismissed, or being sentenced to court supervision. Aggravated speeding is a serious charge and one you certainly do not want to fight on your own.

Sources:

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

http://ilga.gov/legislation/ilcs/fulltext.asp?DocName=073000050K5-6-3.1

Aggravated Speeding: What You Need to Know

February 12th, 2018 at 9:21 am

aggravated speeding, aggravated speeding conviction, Illinois traffic offenses, speeding charges, Class A misdemeanorMany people drive a little fast every now and then. For instance, the car in front of you may be going too fast and you simply keep up with the flow of traffic. Or, perhaps you are running late for work and you need to speed up to get there on time. Perhaps you have a sports car and enjoy going fast.

Drivers can be pulled over for going 10, 15 and 20 mph over the speed limit. In these cases, the only punishment is a speeding ticket. You will have to pay the fine as well as take traffic school if you want to avoid insurance premium increases.

However, if you are caught going 26 mph or more above the speed limit, you will face hefty penalties. Going a few miles above the speed limit is one thing, but driving at an excessive speed is considered reckless. This is called aggravated speeding.

What is Aggravated Speeding?

Under 625 ILCS 5/11-601.5, aggravated speeding occurs when a person drives a vehicle at a speed that exceeds the speed limit by 26 mph or more. A person who drives 26-34 mph above the speed limit will face a Class B misdemeanor, while a person exceeding the speed limit by 35 mph or more will face a Class A misdemeanor. This is the most serious type of misdemeanor, and it is one step away from a felony.

Penalties for Aggravated Speeding

A Class B misdemeanor is punishable by six months in jail and a $1,500 fine. A Class A misdemeanor means up to one year in jail and a fine of up to $2,500. The penalties increase when the speeding occurs in a school or construction zone.

An aggravated speeding conviction stays on your record for seven years. Unless you have your record sealed, such a charge will stay on your criminal record for the rest of your life.

Court supervision may be an option for those facing aggravated speeding charges. If you have never faced such a charge previously, you may be able to complete court supervision and keep the charge from appearing on your driving record. The terms of your supervision may include fines, community service, and traffic school.

Let Us Help You with Your Case

Speeding is typically an infraction that involves a ticket, fines, and traffic school. However, excessive speeding can result in a criminal record. Do not let a single speeding incident affect your life.

If you are facing misdemeanor charges for a speeding ticket, you need solid legal defense to avoid fines and jail time. Get help from the Law Offices of Christopher M. Cosley. Talented Rolling Meadows criminal defense attorney Christopher Cosley has helped many clients who have been accused of driving at a speed exceeding the speed limit by 26 mph or more. Contact us today for professional help.

Sources:

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

https://www.isba.org/sections/trafficlaw/newsletter/2015/06/excessiveaggravatedspeeding

Changes to Illinois Traffic Safety Laws in 2016

January 27th, 2016 at 11:07 am

Illinois defense attorney, Illinois traffic offense lawyer, Illinois DUI attorney, Many new traffic safety laws became effective on January 1, 2016, and Illinois drivers need to be aware of what changes have taken place so that they are not caught off guard by law enforcement if they happen to violate one of the new laws without knowing. Of particular importance to the typical Illinois driver are the changes to some traffic offenses and DUI laws. A synopsis of all of the changes that take effect in 2016 can be found on the Cyber Drive Illinois website.

Changes to Traffic Offenses

  • Aggravated speeding can be charged whenever a driver speeds past a school bus or through a construction site going more than 26 miles per hour over the posted speed limit, pursuant to HB 1453 PA 99-0212;
  • If a driver is involved in an accident that causes the death of another, the Secretary of State will revoke the driving privileges of the individual responsible for the death. Revocation is effective 90 days after the revocation notification is mailed, pursuant to HB 3670 PA 99-0297;
  • Pursuant to HB 4074 PA 99-0300, when an Illinois resident has had a license revocation in another state for more than 10 years, he or she may apply for an Illinois driver’s license, if all of the requirements for reinstatement are satisfied; and
  • Temporary stop signs put into place be the Illinois Department of Transportation must be treated as permanent stop signs in accordance with SB 1388 PA 99-0124.

Changes to DUI Laws

  • After serving a five year revocation of their driver’s license, individuals who have been convicted of four or more DUIs will now be eligible to request an Illinois Restricted Driving Permit for the Illinois Secretary of State’s Office, pursuant to HB 1446 PA 99-1446. As a condition of approval of the request for the Restricted Driving Permit, the driver’s vehicle must be equipped with a breath alcohol ignition interlock device for the remainder of the individual’s driving lifetime;
  • Individuals who would like to have their driver’s license reinstated after being convicted for a second or subsequent DUI charge must obtain a Restricted Driving Permit and have an breath alcohol ignition interlock device installed in their vehicle for a period of five years before seeking the reinstatement of their driver’s license, pursuant to HB 3533 PA 99-0297; and
  • Pursuant to SB 0627 PA 99-0040, those arrested for DUI are now encouraged to sign the “Warning to Motorist” document that is read to these individual’s upon arrest. Refusal to sign the warning will be noted by law enforcement on the bottom of the document.

Call the Law Offices of Christopher M. Cosley

The above identified changes to traffic and DUI laws took effect January 1, 2016. If you have been charged with a DUI or a traffic offense and you are being charged under one of the above new laws, you should contact a skilled Rolling Meadows criminal lawyer immediately. Our attorneys are prepared to provide you with a consultation and assist you with your case.

 

Source:

http://www.cyberdriveillinois.com/newlaws16.pdf

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