Archive for November, 2010

Can I Have “My Motion for Discovery?”

I get this question fairly often from clients.  When a client asks this question, he is not wanting a legal document filed in court (a Motion for Discovery), he is wanting the State’s response to the motion (police reports, videos, etc.).  For some reason, some clients refer to the police report and related materials as “my motion for discovery.”  I am not sure why this is, but it happens.  A motion for discovery is just a legal document asking for discovery; the response to the motion is something completely different.

Jeremy Richey

Jail for Speeders (Revisited)

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


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Jeremy J. Richey, Attorney at Law
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