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The Illinois Vehicle Code is in a constant state of change, especially when it involves statutes pertaining to the charge of speeding in Illinois.

As of January 1, 2014, a new law is in effect that classifies speeding more than 35 mph in excess of the posted limit as a Class A Misdemeanor charge. This is a reduction of the previous Class A speeding range, which was 40 mph in excess of the posted limit. Motorists now alleged to be traveling 26 – 34 mph in excess of the posted limit will face a “Class B” speeding charge.  Also, the Illinois law continues to disallow Court Supervision for those charged with either Class A or Class B Misdemeanors.

Court Supervision, which is preferred for any speeding offense, does not result in a public record of conviction and therefore, will not impact insurance rates. Prior to 2011, the only criminal misdemeanor offense for speeding was travelling 40 mph (or more) over the posted speed limit, which was a Class A Misdemeanor and referred to as “Aggravated Speeding”.  (The maximum punishment for a Class A Misdemeanor is 364 days in the county jail and fines that cannot exceed $2,500.00.)  In 2011, the Class B speeding charge was created for motorists going 31-39 mph over the posted speed limit. Class B offenders were eligible for Court Supervision, but Class A Aggravated speeding offenders were not.

On July 1, 2013, the law stiffened again making it unlawful for those who plea or are found guilty after a trial to receive a sentence of Court Supervision for either Class A or Class B Misdemeanor Speeding offenses.  The only way to get Court Supervision was to achieve an amendment of the charge to a speed of 30 mph (or less) over the posted limit.  As the petitions for amendments increased, the State’s Attorney’s Office began feeling pressure to reduce the number of amendments given, making it harder than ever to obtain an amendment.

Now, Misdemeanor traffic convictions for either Class A or Class B speeding will carry a public record of conviction, with a substantial risk of a car insurance increase. If you have received a Class A or Class B speeding charge, Gardi, Haught, Fischer & Bhosale LTD attorneys offer superior legal representation to help you achieve the best possible result for your unique situation. Call us today at 847-944-9400 for a consultation.

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