New Speeding Laws for IL? | FerrariChat

New Speeding Laws for IL?

Discussion in 'Chicago' started by Daytona Rick, Mar 8, 2011.

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  1. Daytona Rick

    Daytona Rick Formula 3

    Jan 23, 2005
    1,057
    Windy City
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    Rick
    Has anyone heard if this is true or not? For all who like to ride fast, beware of the new Speed Law in Illinois that went into effect Jan. 1, 2011. If you are caught going 30 mph over the posted speed limit it is a $1500.00 fine and a possible jail sentence of 6 months (Most likely jail time for repeat offenders), if you are caught going 40 mph over the posted speed limit, the police officer will take you straight to jail, finger print and book you for a misdemeanor felony and a $2500.00 fine.
     
  2. JohnnyS

    JohnnyS F1 World Champ
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    Oct 19, 2006
    15,138
    Illinois
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    John
    I did know that 20 mph over the speed limit and the officer can take your license away at his discretion. At 30 mph over the limit, I do believe you can get a ride in the officer’s car. At 40 mph over the limit, there is a guaranteed ride in the officer's car. So, I don’t think this is too much different than the old speeding laws other than the fines.
     
  3. pr3par32die

    pr3par32die Formula 3

    Sep 11, 2010
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    Matt
    That's crazy! Were they less harsh before Jan 1? I'm guessing they probably were.
     
  4. Chelle

    Chelle Formula 3
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    Dec 6, 2003
    1,036
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    Michelle
    Changes in the law make certain tickets more serious.

    Beginning in 2011, a speeding ticket for driving 30 mph over the limit is a criminal offense.

    The law has two important parts:

    Speeding 30 mph over the Limit is a Class B Misdemeanor

    Speeding 30 mph in excess of the limit is no longer a petty offense punishable by fine only. Now, a ticket for going 30 mph over the speed limit is a Class B misdemeanor, which has a penalty of up to six months jail and $1,500.00 fine

    No Court Supervision for Aggravated Speeding

    Speeding 40 mph or more over the limit was already a Class A misdemeanor. See 625 ILCS 5/11-601.5. All such offenses carry a maximum penalty of up to one year in jail and a fine of $2,500.00.

    Previously, a defendant court receive court supervision for this offense. Supervision is a special type of sentence that results in a dismissal of the charge without a conviction provided the defendant complies with the terms and conditions of the sentence. While the charge is dismissed, the record of supervision remains until it is expunged.

    The new law disallows supervision for all speeding tickets of 40 mph or more over the limit. Thus, the minimum sentence would be a conviction, most likely in a sentence such as conditional discharge or probation.

    A conviction causes the Secretary of State to impose points a someone’s driver’s license. But supervision is not available for speeding 40 mph or more over the limit. This type of speeding ticket may threaten to suspend a persons’ driving privileges.

    Driver’s license points determine the length of a suspension. In some cases, too many points can result in a revoked license.

    The Secretary of State will suspend a person’s license according to the following rules:

    0 through 14 points – no action.
    15 through 44 points – 2 month suspension.
    45 through 74 points – 3 month suspension.
    75 through 89 points – 6 month suspension.
    90 through 99 points – 9 month suspension.
    100 through 109 points – 12 month suspension.
    110 or more points – one year revocation.
    See Title 92 of the Illinois Administrative Code, Section 1040.30.

    Both a ticket for 30 mph over and 40 mph over the limit result in the imposition of 50 points. See Section 1040.20.

    Because the law does not allow the court to sentence a defendant to supervision for speeding 40 mph or more over the limit, this is a serious offense and an attorney should be consulted.

    Keep in mind too that with it now a criminal offense it could impact you in other ways. Even though it's not a felony if you can't get it expunged from your record you could have travel restrictions. I've seen a lot of articles lately about people who had been traveling to Canada for years being turned away at the border due to decades old DUI convictions.
    here's one: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/02/23/NEVIUS.TMP
     
  5. Formula 1

    Formula 1 Formula 3

    Feb 20, 2005
    1,517
    Can someone tell me the exact reason why I still live in this state?
     
  6. christiann

    christiann Karting

    Nov 29, 2006
    200
    to pay taxes
     
  7. badges2

    badges2 Formula 3

    Nov 6, 2008
    1,652
    Geneva, IL
    Full Name:
    Neil
    #7 badges2, Mar 8, 2011
    Last edited: Mar 8, 2011
    Here's the law:

    (625 ILCS 5/11‑601.5)
    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.
    (Source: P.A. 96‑1002, eff. 1‑1‑11; 96‑1507, eff. 1‑27‑11.)

    The fines has tripled also. $75 speeding tickets are now $130 thru the mail or online (if you're eligible for court supervision). If you are unwise enough to got to court and ask for supervision there or plead guilty and lose your case, your new fine will be A MINIMUM of $320. This is prices for anything under 20 MPH over the limit on a straight speeder (not a school or construction zone, etc.). Also, this is a MANDATORY MINIMUM that you have to pay. The fines can go higher than that if the judge deems necessary (you don't want to mouth off to a judge these days, trust me!). These are the fines the fine folks in Springfield established, so don't give the judge or copper an earful because we had nothing to do with it! Most of us have been giving way more warnings than usual due to these higher fines. Again, your attitude during the stop and in court will dictate how bad your pee-pee gets smacked! You don't even want to hear the fines for driving on a suspended license or DUIs.

    Also, an officer takes your license as bond only. In Illinois, when you are cited you have to post some form of bond (basically making you take care of your violation). There's several things we accept as bond: a driver's license, a bond card (from a company Illinois recognizes), cash money, or the officer may issue an I-bond. An I-bond is basically releasing you on your signature and is a last resort. The vast majority of agencies will take your license as bond and the copy of the ticket he issues you acts as your temporary driver's license. That's why we tell you to keep that copy with you. My particular department has begun releasing people without posting anything. We check a box stating "PROMISE TO COMPLY" and send you on your way. The reason for this is that the Clerk's Office was sick of dealing with driver's license's. It makes it far easier for everyone involved. Again, this is my department and not EVERY department. Each department has their own policy for what bond they choose to accept.

    Hope this makes things clear as mud! Drive safe and, if I stop you, at least say "hi" to me! ;) I remember having several of you already spend time in my back seat, not naming names though (cough, Andreas, cough)! LOL
     
  8. badges2

    badges2 Formula 3

    Nov 6, 2008
    1,652
    Geneva, IL
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    Neil
    For the beautiful weather!
     
  9. Michael B

    Michael B F1 Rookie
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    Apr 28, 2004
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    'eh badges. Can you explain that more in depth? Are you saying that if I go to my court date and ask for supervision on a minor speeding violation (say 10 over) that the fines are now pre-set? $320 is still cheap in my book but I want to know in advance.
     
  10. Formula 1

    Formula 1 Formula 3

    Feb 20, 2005
    1,517
    UGH! 60%

    If it's a female that's doing the smacking then you won't hear a peep out of me, maybe an ouch, but that's about it :D

    No worries here, I keep a FAIL-SAFE box of Krispy Kremes in my truck to get me out of jams like that :)

    That comment was just mean.



    Sincerely Frank

    Your Friendly Neighborhood Ball-Buster
     
  11. badges2

    badges2 Formula 3

    Nov 6, 2008
    1,652
    Geneva, IL
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    Neil
    #11 badges2, Mar 8, 2011
    Last edited: Mar 8, 2011
    If you have not received court supervision within the past calendar year, you can apply for it thru the mail or by the Internet and pay the lower $130 fee. We get people in court all of the time who either don't listen to our instructions or don't understand, and they show up in court and ask for supervision. By doing this, they now have to pay the higher fee for appearing in court (minimum $320). So instead of taking care of it by mail or Internet, they cost themselves almost $200 to ask the judge for the supervision.

    What supervision is this: once you are put on supervision, as long as you don't get another moving violation within the next 90 days, this violation will not show up as a conviction on your driving record. This is good for insurance rates. You are only allowed supervision once per calendar year. Also, some violations do not allow for supervision at all (super speeding tickets, speeding in a school zone, and others).

    Krispy Kremes would get you a walk on a 40+ speeder with me!! (just kidding of course!)
     
  12. Townshend

    Townshend F1 Veteran
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    Jul 20, 2005
    6,672
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    Walter
    If they're going to do that they should also raise the speed limit. Doing 80mph for me on the highway is normal behavior. That's nearly bordering a misdemeanor per Illinois law. And it's not like I'm flying past a vast majority of people..
     
  13. Townshend

    Townshend F1 Veteran
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    Jul 20, 2005
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    A first DUI offense is a misdemeanor too correct? Is doing 86mph on the highway considered the same offense as a DUI essentially or is that still more severe?
     
  14. pr3par32die

    pr3par32die Formula 3

    Sep 11, 2010
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    So are you saying, that if a person gets CAUGHT speeding, then they will get 50 points AUTOMATICALLY?! AND so that means you get an auutomatic 3 month suspension? Help me out here, I'm not even old enough to drive yet.
     
  15. badges2

    badges2 Formula 3

    Nov 6, 2008
    1,652
    Geneva, IL
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    I'm not a DUI guy, but I wouldn't equate a DUI with a speeder. However, both a considered traffic offenses and both are misdemeanors (assuming first timer for a duece). Also, it's almost a guarantee to get supervision for a first DUI.
     
  16. badges2

    badges2 Formula 3

    Nov 6, 2008
    1,652
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    Just wait until you start driving Matt! If you get 2 moving violations in less than a year, your license will be suspended with the new graduated driver laws. Also, a good one to remember is if you have a curfew (under 18) and you get caught driving after that curfew, your license is not valid and you will be arrested for no valid driver's license! Many rules, but they're there to keep you safe (belive it or not! ;) ). So no screwing around when you get to drive that car or you'll be stuck taking pics of cars for a long time instead of driving them!
     
  17. Michael B

    Michael B F1 Rookie
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    Apr 28, 2004
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    Well damn. I live in the cornfields and there is no "Internet pay" option in this county. And the fine is actually listed as $120 - and I was on supervision last September anyhow (different county) - and the ticket has no information on supervision printed on it to help guide me either, and the officer was less than talkative as well.

    I guess I will show up in court and ask for it like always. Then pay & be on my way.

    PS. I am carrying donuts with me from now on.
     
  18. alfas

    alfas Formula Junior

    Sep 17, 2009
    639
    chicago
    Illinois - balancing the books $1500.00 at a time...
     
  19. pr3par32die

    pr3par32die Formula 3

    Sep 11, 2010
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    Alot of rules, but yeah, I suppose :) Haha, you're right. What's a moving violation? Is that like speeding tickets?
     
  20. It's Ross

    It's Ross Formula 3

    Jul 30, 2007
    2,028
    Barrington, Ill. USA
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    Ross
    I've always said that if speedlaws were to be taken seriously then fines would need to actually be punative. Not that I have ever done so(cough)but 40 over is a lot and deserves punishment. An officer's discretion has let me off the hook on more than one ocassion when conditions were such that my offenses were perhaps less offensive.
    There is a time and place for everything, some don't get it, I see it nearly daily and will cheer when these morons are caught and fined or jailed.
    What needs to be taken seriously next is the amount of distracted or outright preoccupied(with something else)drivers.
    I can't decide which is worse, the speeder weaving around or the yakker dawdling along in the left lane waiting for the former to drive up their ass.
     
  21. badges2

    badges2 Formula 3

    Nov 6, 2008
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    I agree with the distracted drivers 100%. I love writing texters!
     
  22. blabardi

    blabardi Formula Junior

    Dec 4, 2007
    478
    Downers Grove, IL
     
  23. badges2

    badges2 Formula 3

    Nov 6, 2008
    1,652
    Geneva, IL
    Full Name:
    Neil
     
  24. pearsonhaus

    pearsonhaus Formula 3

    Jul 2, 2008
    1,464

    I don't understand that either... :)
     
  25. Dino V

    Dino V Formula 3

    Sep 21, 2005
    1,140
    Chicago
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    Dino
    Even if I do 70 mph, I get passed by 90% of the cars on the highway. Cops will have a field day.
     

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