Can you go to jail for speeding in Illinois? - In Illinois, if you are driving too fast on the roadways or highway, your speeding ticket can actually be considered a jailable offense. If you are speeding 26 mph or more over the speed limit, you are facing what is known as an aggravated speeder. Some other common terms for aggravated speeding are;
- Misdemeanor speeding
- Excessive speeding
- Criminal Speeding
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Classifications of speeding
There are three general classifications of aggravated speeding in Illinois, the classification of speeding that you are charged with will depend on how fast you were driving.
Class A Misdemeanor
If you are speeding 35 miles per hour or more over the speed limit then you will be charged with a class A misdemeanor speeding offense. If you are charged with a Class A misdemeanor speeding offense, you are being charged with an aggravated or “agg’’ speeder. The penalties for this offense are up to one year in the county jail and a maximum fine of $2,500. It is also important to know that if you are charged with going 35 mph or more over the speed limit, your driver's license can be in serious jeopardy.
Class B Misdemeanor
If you are speeding 26-34 miles per hour over the speed limit then you will be charged with a class B misdemeanor speeding offense. If you are charged with a Class B misdemeanor speeding offense, you are being charged with an aggravated or “agg’’ speeder. The penalties for this offense are up to 180 days in the county jail and a maximum fine of $1,500. It is also important to know that if you are charged with going 26 mph to 34 mph over the speed limit, your driver's license can be in serious jeopardy.
Petty Speeder
If you are charged with speeding between 1-25 mph over the speed limit, then you are facing what is known as a petty or fine-only offense. In Illinois, the maximum punishment for a petty offense is a fine of up to $1,000. Remember that even though a petty offense is a non-jailable offense, you can still be subjected to losing your license for a petty speeding ticket.
Defenses to aggravated speeding in Illinois
If you have been charged with aggravated speeding, you have the right to have a jury trial or a bench trial. A bench trial is when the judge determines if you are guilty or not. There are several defenses that you can use in order to show that you were not speeding.
- The police officer did not radar you
- There were no posted speed limit signs
- The signs posted were obstructed
- The officer's radar gun was not calibrated before and after his shift at work.
The burden of proof for speeding
Whenever you are charged with a speeding offense or an excessive speeding offense, the prosecutor has the burden of proving you guilty.
Aggravated speeding burden - If you are charged with an aggravated speeding offense, the prosecution must prove that you were going at least 26 mph over the speed limit beyond a reasonable doubt.
Petty speeding burden - If you are charged with a petty speeding offense, the prosecution must prove by a preponderance of the evidence that you were speeding at least one mph over the speed limit.
Should I hire an attorney for my excessive or aggravated speeding charge?
It is important to know that if you are charged with an aggravated speeding offense, you are potentially facing jail time and a very high fine. Although you are only charged with a speeding offense, a traffic lawyer that knows the Illinois speeding laws will be able to help protect your rights and keep your record clean.
Aggravated speeding is an offense that can not only have an immediate impact on your ability to keep your driver's license but can also have a lasting impact on your driving record going forward. Finding the right representation for your excessive speeding charge will help you keep your license and keep your record clean.