PETTY TRAFFIC OFFENSES

PETTY SPEEDING AND OTHER OFFENSES

The penalties for speeding depend in part on the speed a driver was traveling. Petty speeding offenses, speeding 25 mph or less over the limit, are not criminal offenses and are not punishable by jail time. A driver may also receive court supervision for some of these offenses, which is not a conviction on the driver's record.

However, a driver is prohibited from receiving court supervision and faces mandatory fines on certain offenses. Of note, drivers who are charged with the petty offense of speeding in a school zone face a minimum fine of $150.00 plus court costs and are excluded from court supervision. In other words, they face a mandatory conviction if they plead guilty or are found guilty. Similarly, speeding in a construction zone carries a minimum $375.00 fine plus court costs. Drivers may also face the penalty of having to attend Traffic Safety School – either online or in person – and may have to do community service.

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Court Supervision for Speeding or Other Traffic Offenses

Court supervision is typically viewed as a very favorable outcome. However, a sentence of court supervision is ultimately at the judge’s discretion and certain offenses do not qualify. There are certain speeding offenses which are not eligible for court supervision and for which the secretary of state may suspend an individual’s driver’s license. These offenses include:

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• Speeding in a school zone.

• Three moving violations within any 12-month period if the driver is 21 years of age or older or two moving violations in a 24-month period for drivers who are 20 years old or younger.

• Driving without a license (suspension with a conviction).

• Conviction for leaving the scene of a property damage accident where the damage is over $1,000.

• Conviction for criminal trespass to a motor vehicle (suspension with a conviction).

• Conviction for possession or consumption of alcohol by a minor.

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Most importantly, a driver cannot receive more than 2 sentences of court supervision on traffic offenses within 12 months prior to the current offense.

ILLINOIS DRIVER’S LICENSE CONSEQUENCES

If you are convicted of a petty speeding offense, you also face potential consequences to your driver’s license. The Illinois Secretary of State counts a speeding conviction as a strike against your driving privileges. If you have too many speeding convictions or are convicted of certain offenses, your driver’s license will be suspended. The amount of points you accumulate will determine the length of the suspension. For those under the age of 21, it only takes two convictions for moving violations occurring within 2 years to cause a license suspension. For those that are 21 or older, three convictions within a year will result in a suspension. If you accumulate more than a certain amount of points under either scenario, your driver’s license will be revoked. A revocation will be for at least a one-year period and will require a successful hearing before the Secretary of State to restore your driving privileges.

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Wachnik Law LLC has helped clients throughout Chicago, Cook County, and Illinois. No matter the circumstances of your tickets, we’ll work with you to put your interests at the front of our traffic defense strategies. For a free initial consultation with Chicago’s traffic court lawyer, contact Eryk Wachnik today at 847 892-5060.