Articles Posted in Traffic

In the past few years, the Illinois Legislature has enacted laws which make Excessive Speeding a much more serious matter than most people think. Most people are conditioned to believe that if they are pulled over for speeding they will receive a simple speeding ticket and the most that could happen to them is that they have to pay a steep fine and take a Traffic School class. The recent changes to the speeding laws have made certain Excessive Speeding tickets an actual crime. From all of the calls that I get from prospective clients, this area of the criminal law may be one of the most misunderstood subjects.

If you are caught speeding 26 to 34 miles per hour over the posted speed limit, you will be charged with a Class B Misdemeanor. A Class B Misdemeanor for speeding 26 to 34 miles per hour over the posted speed limit carries a maximum punishment of 180 days in County Jail and a maximum fine of up to $1,500. If you are caught speeding 35 miles per hour, or over, the posted speed limit, you will be charged with a Class A Misdemeanor. A Class A Misdemeanor for speeding 35 miles per hour over the posted speed limit carries a maximum punishment of up to one year in County Jail and a maximum fine of up to $2,500. So, if you are pulled over for speeding 26 miles per hour, and over, the posted speed limit, you will not receive a simple speeding ticket. You will be arrested and charged with a crime which carries a potential jail sentence. In addition to any possible criminal penalties, a conviction for speeding 26 miles per hour over the posted speed limit may result in the suspension of your driver’s license by the Illinois Secretary of State. A conviction for Excessive Speeding will remain permanently on your driving record with the Secretary and will appear as a criminal conviction in a routine background search. Not only will a prospective employer find out that you have been convicted of a crime, but your insurance company may use this conviction to drop you from their Auto Insurance plan or increase your insurance premiums.

Yesterday, the Illinois Department of Transportation greeted local motorists with some good news which may help reduce the number of Excessive Speeding cases that could lead to a criminal conviction and a potential jail sentence. Up until now, the speed limit on I-90 west of Elgin was 70 miles per hour all the way to Wisconsin. Yesterday, the Illinois Department of Transportation announced that the speed limit from Randall Road in Elgin to Mount Prospect Road has been increased to 70 miles per hour for all passenger cars. The new speed limit matches the 70 mile per hour speed limit from Elgin to Wisconsin. The previous speed limit from Randall Road in Elgin to Mount Prospect Road was 55 miles per hour.

The Public Safety Committee for the Village of Schaumburg has recommended that the Village of Schaumburg allow police officers to write local Municipal Violation tickets for first-time negligent driving offences. The measure is intended to go after drivers who are using hand-held cellphones while they are driving instead of hands-free devices. Village officials claim that the judges at the Rolling Meadows Courthouse are taking these tickets too lightly and not punishing offenders enough.

If this measure is adopted by the Schaumburg Village Board, police officers will have the option of writing a local Municipal Ordinance Violation ticket, issue written warnings, or issue a State Citation for a ticket violation which allow offenders an opportunity to go to Court and contest the ticket in Court, in front of an actual Judge. The fine for the Schaumburg Municipal Violation will be $75.

What’s a little troubling about this proposal is that the Public Safety Committee is proposing that the definition of negligent driving be defined more broadly than what current state law defines as negligent driving. According to one of the trustees of the Schaumburg Village Board, “the definition of negligent driving can be relevant even when an officer can’t prove a handheld cell phone was the cause.” In other words, if the police officer had a hunch, or was guessing, based on his experience, that a handheld device was being used, that would be enough to allow them to issue a ticket. I would like to see what the final ordinance says, but it seems to me as if officers will be allowed to issue these tickets based on a mere hunch without any proof. That does not seem very fair to me and could be open to a legal challenge which could cause Schaumburg’s taxpayers to pay the legal bills for a court fight.