The East Central Illinois Criminal Law & DUI Weblog

In a previous post, I mentioned that speeding 40+ miles per hour over the limit is a Class A misdemeanor. Starting January 1, 2011, 30-39 miles per hour above the limit will become a Class B misdemeanor. Right now, 30-39 is a petty offense. The Public Act creating the new law also amends the Unified Code of Corrections to prohibit judicial supervision for the Class A speeding offense.

The text of the new Illinois speeding law is as follows:

(625 ILCS 5/11-601.5)

Sec. 11-601.5. Driving 30 miles per hour or more in excess of applicable limit.

(a) A person who drives a vehicle upon any highway of this State at a speed that is 30 miles per hour or more but less than 40 miles per hour in excess of the applicable maximum speed limit established under this Chapter or a local ordinance commits a Class B misdemeanor.

(b) A person who drives a vehicle upon any highway of this State at a speed that is 40 miles per hour or more in excess of the applicable maximum speed limit established under this Chapter or a local ordinance commits a Class A misdemeanor.

UPDATE (8/25/11). Below you will find the current text of 625 ILCS 5/11-601.5 (emphasis added):

Sec. 11‑601.5. Driving 31 miles per hour or more in excess of applicable limit.

(a) A person who drives a vehicle upon any highway of this State at a speed that is 31 miles per hour or more but less than 40 miles per hour in excess of the applicable maximum speed limit established under this Chapter or a local ordinance commits a Class B misdemeanor.

(b) A person who drives a vehicle upon any highway of this State at a speed that is 40 miles per hour or more in excess of the applicable maximum speed limit established under this Chapter or a local ordinance commits a Class A misdemeanor.

Jeremy Richey

Question:

How many tickets can I get before I lose my Illinois driver’s license?

Answer:

It depends on how old you are.   If you are 21 years old or older, three convictions for points-assigned violations in a 12-month period will cause you to lose your license.   If you are 20 years old or younger, two convictions in a 24-month period will cause you to lose your license.

I italicized the word “convictions,” because, legally, you are not convicted of an offense if you successfully complete judicial supervision or traffic safety school for a ticket.   Such a ticket will not count towards your ticket-accumulation limit (3 in 12 months or 2 in 24 months).

Also, there are many points-assigned violations, but common violations include speeding, disobeying a traffic control device, and improper lane usage.

Jeremy Richey

Did you know that Illinois speed demons can go to jail? It’s true … if the speed demons go fast enough.  If you don’t believe me, read the law for yourself.  The Illinois Compiled Statutes (625 ILCS 5/11-601.5) state:

A person who drives a vehicle upon any highway of this State at a speed that is 40 miles per hour or more in excess of the applicable maximum speed limit established under this Chapter or a local ordinance commits a Class A misdemeanor.

If you receive a conviction for a Class A misdemeanor in Illinois, the maximum jail sentence you can receive is 364 days.

Jeremy Richey