ILLINOIS SPEEDING VIOLATIONS THAT COULD PUT YOU IN JAIL – PEORIA LAWYERS WHO PROTECT YOUR INTERESTS, LIVELIHOOD, AND ABILITY TO DRIVE A MOTOR VEHICLE.
Speeding (625 ILCS 5/11-601)
If you have been cited for speeding in the State of Illinois, you may need legal representation. Speeding is a petty offense, punishable by up to a $1000 fine in addition to possible Court Supervision for up to 24 months.
Speeding is perhaps the most commonly issued traffic violation issued by the police in every jurisdiction in Illinois. It is also one of the main violations police use to justify a traffic stop when they are looking for DUI drivers, drugs or weapons. Many people just pay speeding tickets “over the counter” to avoid the hassle of appearing in court or fighting the ticket. However, unless you sign up for and successfully complete an approved driver’s education course in the ticketing county, paying a ticket in this manner results in a moving violation conviction and will put points on your driving record. You may only take a driver’s education once per any one year period. Speeding ticket convictions are available to all insurance carriers and could affect your premiums.
Three moving violation convictions (including speeding) in any one year period result in a mandatory suspension of your driving privileges by the Illinois Secretary of State’s Office. For drivers under the age of 18, two moving violation convictions in any two year period will result in a mandatory suspension of driving privileges. Additionally, minors may not take a driver’s education course without first appearing in Court.
Many people have the incorrect belief that there is “buffer zone” in which you can legally exceed the speed limit by a certain amount (often 5 to 10 miles per hour) and not be ticketed. While it is true that certain police departments or specific police officers have thresholds that must be exceeded before they will pull you over, this varies from department to department and is within the discretion of each individual police officer. You can be ticketed for any speed that is in excess of the posted limit or in excess of 30 miles per hour in an urban district (15 miles per hour in an alley) when there is no limit posted. If the limit is unposted, the maximum speed limit on an interstate highway is 70 miles per hour, 65 miles per hour on a four lane highway that has a median between traffic traveling in opposite directions, and 55 miles per hour for all other highways.
There are many avenues that can be explored when defending a speeding ticket, such as how close the officer is to a speed limit sign when running radar or lidar, whether or not the officer captured your speed on radar or lidar, if the officer is certified on his radar or lidar instrument, and whether or not the radar or lidar unit is in proper working order to name a few. These are complex evidentiary issues to present in Court, and you will need an experienced traffic attorney to help you explore your options. Additionally, hiring an attorney will ensure that you won’t have to wait in long traffic court lines, and, in some jurisdictions, you may not have to appear in Court at all if you have an attorney to represent you. If you are ticketed for speeding, contact the attorneys at Hall, Rustom & Fritz for a consultation on your case.
It is our duty to answer our clients’ questions in a timely manner, make our clients’ court appearances quicker and less stressful, and advise our clients as to the law to the best of our ability.
RESPONSIVE, CAPABLE AND ATTENTIVE LEGAL ADVICE. PEORIA LAWYERS WHO CARE ABOUT THE RESULTS WE OBTAIN FOR OUR CLIENTS. WE MAKE OUR CASES PERSONAL.
Below is the precise statute published in the Illinois Compiled Statutes. If you are cited for this violation, email Jeff Hall at firstname.lastname@example.org.
(625 ILCS 5/11-601) (from Ch. 95 1/2, par. 11-601)
Sec. 11-601. General speed restrictions.
(a) No vehicle may be driven upon any highway of this State at a speed which is greater than is reasonable and proper with regard to traffic conditions and the use of the highway, or endangers the safety of any person or property. The fact that the speed of a vehicle does not exceed the applicable maximum speed limit does not relieve the driver from the duty to decrease speed when approaching and crossing an intersection, approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, or when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions. Speed must be decreased as may be necessary to avoid colliding with any person or vehicle on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.
(b) No person may drive a vehicle upon any highway of this State at a speed which is greater than the applicable statutory maximum speed limit established by paragraphs (c), (d), (e), (f) or (g) of this Section, by Section 11-605 or by a regulation or ordinance made under this Chapter.
(c) Unless some other speed restriction is established under this Chapter, the maximum speed limit in an urban district for all vehicles is:
1. 30 miles per hour; and
2. 15 miles per hour in an alley.
(d) Unless some other speed restriction is established under this Chapter, the maximum speed limit outside an urban district for any vehicle is (1) 65 miles per hour (i) for all highways under