Speeding 26-34 MPH over limit (625 ILCS 5/11-601.5(a)) also called misdemeanor or aggravated speeding in Illinois is a serious violation. This ticket is a Class B criminal misdemeanor (the second highest level). It is punishable by up to 6 months in jail and/or $1,500 Fine. That sounds pretty scary but let’s break it down. There are three parts of these tickets that pose a risk to drivers: 1). may not be eligible for court supervision, 2). it is a criminal offense, and 3). it may come with heavy punishment.
Court Supervision and Speeding 26-34 MPH
Court supervision is often the best outcome for keeping a moving violation off a driving record. It will keep points off your license and prevent your insurance company from learning about the violation. Unfortunately, misdemeanor speeding has limited opportunities for court supervision which is only available once per lifetime. In general, you can never get court supervision if any of the following are true about your ticket:
- You have had a prior speeding 26-34 MPH over limit
- You have had a prior speeding 35+ MPH over limit
- Your record contains a prior misdemeanor speeding violation from a time when it used different brackets such as Speeding 31-39 MPH over, Speeding 30-39 MPH over, or Speeding 40+ MPH over
- Speeding was in a school zone
- Speeding was in a construction zone
- You were located in an urban district
If any of these apply, an attorney is almost certainly necessary to prevent the ticket from appearing on your public driving record. If you have a commercial driver’s license or drive for a living, supervision may not be enough to protect you.
Criminal Misdemeanor Risk
Misdemeanor speeding is a criminal offense that can appear on your criminal record. You can also be at risk of jail up to 6 months and a fine of $1,500. As scary as these sound, these outcomes are uncommon. Jail is possible when a record is extremely bad and/or the speed is incredibly excessive. In general, it is unlikely when the speed is less than double the posted limit.
Similarly, the $1,500 fine is an unlikely outcome. A higher fine approaching $1,000 however is possible and may even be likely depending on the county. You must appear in court for speeding 26-34 MPH over the posted limit. If you do not come to court, you can be punished with a warrant or a judgment at or above the maximum.
Punishment for Aggravated Speeding
Aggravated or misdemeanor speeding always carries a monetary penalty. It comes with fines and court costs. In Illinois, the minimum court costs are $325 with additional costs depending on the county. Traffic school and community service are also common. Community service means volunteering at a non-profit organization. The number of hours is usually equal to the miles per hour over the limit. Penalties change depending on the county. For example, community service is common in DuPage County. Hiring an attorney can help to minimize these costs to secure a more positive outcome for you.
Speeding 26-34 MPH and Your Driving Record
Fortunately, there is good news here. A common misconception is that a misdemeanor speeding ticket will suspend a license. This is plain wrong. It carries a 50 point value (55 in a construction or school zone) but fortunately, points alone do not suspend in Illinois. Even though you may keep your privileges, high insurance rates can result from a conviction for these offenses. If you have any questions, you can always call our office at (630) 303-3936 to schedule a free consultation!