Areas of Practice
Aggravated Speeding and Misdemeanor Speeding Attorney
Although the Class “A” Misdemeanor offense of Reckless Driving (625 ILCS 5/11-503) is already “on the books,” the Illinois Legislature established laws which make exceeding the posted speed limit by 26 miles-per-hour or more a Misdemeanor criminal offense. In fact, exceeding the posted speed limit by 35 miles-per-hour or more is a Class “A” Misdemeanor, the same classification of offense as a Driving under the Influence charge.
McHenry County Aggravated Speeding Lawyers, Franks and Rechenberg, P.C., has defended many people charged with Aggravated Speeding and Misdemeanor Speeding, under the old and new laws. We are highly knowledgeable in this area of the law.
Types of Misdemeanors
Speeding 35 Miles-Per-Hour or More Over the Posted Speed Limit
Aggravated Speeding, speeding 35 miles-per-hour or more over the posted speed limit, is a Class “A” Misdemeanor criminal offense. (625 ILCS 5/11 601.5(b). This Class “A” Misdemeanor criminal offense carries a maximum sentence of up to twelve (12) months in jail and/or a fine in the amount of $2,500.00, plus high Court costs. Presuming that his or her driving history is relatively good, a motorist found “Guilty” of this offense would most likely be sentenced to Conditional Discharge, a form of non-reporting probation. A motorist who pleads “Guilty” to this offense, or who is found “Guilty” by the Court, will be convicted of Aggravated Speeding. This Class “A” Misdemeanor conviction may appear in a background check.
Speeding 26-34 Miles-Per-Hour over the Posted Speed Limit
Aggravated Speeding, speeding 26-34 miles per hour over the posted speed limit, is no longer a petty offense. It is now a Class “B” Misdemeanor criminal offense. (625 ILCS 5/11 601.5(a) This Class “B” Misdemeanor criminal offense carries a maximum sentence of up to twelve (6) months in jail and/or a fine in the amount of $1,500.00, plus high Court costs. A conviction for this Class “B” Misdemeanor conviction may appear in a background check.
A sentence for Aggravated Speeding may result in your insurance carrier increasing your premium. This is particularly important when young drivers are charged with the offense of Aggravated Speeding.
A motorist may be eligible for a sentence of Court Supervision (rather than a conviction) if he or she has not been previously convicted or sentenced to Court Supervision for Aggravated Speeding in the past, and the current Aggravated Speeding offense did not occur in an urban district, highway construction zone, or school zone As part of a sentence of Court Supervision, the Court will require the motorist to commit no further offenses while under the sentence of Court Supervision, and may require the motorist to perform Public Service Work, attend the Traffic Safety School, and pay a moderate fine.
A sentence of Court Supervision is unavailable if a motorist commits the offense of Aggravated Speeding or Misdemeanor Speeding in a highway construction zone, school zone or in an urban district. If a motorist pleads “Guilty” or the Court finds him or her “Guilty” of this charge, then the only possible sentence would be a conviction.
Other Traffic Defense
License Suspension and Revocation
Contact Franks & Rechenberg, P.C.
Contact David Franks, a very experienced McHenry County traffic defense Attorney, who may be able to prevent a conviction from being entered against you. Depending upon your driving history, David may able to negotiate an amendment to a lesser offense. With proper negotiation, we may be able to convince the Prosecutor to reduce the Aggravated Speeding charge to a petty offense speeding violation, and negotiate a sentence of Court Supervision. At Franks & Rechenberg, P.C. it is our highest priority to minimize the likelihood of potential consequences and ensure the best result possible.