Misdemeanor Speeding Offenses in Illinois: Driving 26-34 miles per hour or more, 35 miles per hour or more

§ 625 ILCS 5/11-601.5. Driving 26 miles per hour or more in excess of applicable limit. Illinois Traffic Lawyer (312) 714-2800

Sec. 11-601.5. Driving 26 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 26 miles per hour or more but less than 35 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 35 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.

EFFECT OF AMENDMENTS.

The 2010 amendment by P.A. 96-1002, effective January 1, 2011, substituted "30 miles" for "40 miles" in the section heading; added (a); and added the (b) designation.
The 2011 amendment by P.A. 96-1507, effective January 27, 2011, in the section heading and in (a), substituted "31 miles" for "30 miles".
The 2013 amendment by P.A. 98-511, effective January 1, 2014, substituted "26 miles" for "31 miles" in the section heading and in (a); and substituted "35 miles" for "40 miles" in (a) and (b).

Misdemeanor Traffic Offenses in Illinois can be punishable by a fine, a jail sentence or both. Persons charged with such offenses should consult an attorney immediately. The most commonly prosecuted misdemeanor traffic offenses include the following:

driving under the influence (DUI)
driving on a suspended or revoked license
speeding 26 mph or more in excess of the limit
speeding 35 mph or more in excess of the limit
drag racing
reckless driving
leaving the scene of a property damage accident
fleeing or attempting to elude the police
driving a commercial vehicle while license is suspended, revoked, or driver has been placed out of service

The initial court date for a traffic violation classified as misdemeanor is an arraignment date. This is not a trial date. Persons charged with a misdemeanor should appear in court with an attorney. Every person receiving a traffic ticket is entitled to receive a copy of the charge in writing. The ticket must contain the following information:

name of the accused;
nature of the charge;
statute or ordinance alleged to be violated; and
date, time and location of the alleged violation.

Other information on the ticket is statistical in nature and not required to properly charge a violation. When there is a defect in a ticket, in most instances any objection to this defect must be made before a trial occurs.

The maximum penalty for a Class A misdemeanor is up to one year incarceration as well as a fine of $2500.

(730 ILCS 5/5-4.5-55) Sec. 5-4.5-55. CLASS A MISDEMEANORS; SENTENCE. For a Class A misdemeanor:

(a) TERM. The sentence of imprisonment shall be a determinate sentence of less than one year. (b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite term of less than one year, except as otherwise provided in Section 5-5-3 or 5-7-1 (730 ILCS 5/5-5-3 or 5/5-7-1). (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS 5/5-8-1.2) concerning eligibility for the county impact incarceration program. (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the period of probation or conditional discharge shall not exceed 2 years. The court shall specify the conditions of probation or conditional discharge as set forth in Section 5-6-3 (730 ILCS 5/5-6-3). (e) FINE. A fine not to exceed $2,500 for each offense or the amount specified in the offense, whichever is greater, may be imposed. A fine may be imposed in addition to a sentence of conditional discharge, probation, periodic imprisonment, or imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts and determination of amounts and payment. (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) concerning restitution. (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or consecutive as provided in Section 5-8-4 (730 ILCS 5/5-8-4). (h) DRUG COURT. See Section 20 of the Drug Court Treatment Act (730 ILCS 166/20) concerning eligibility for a drug court program. (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 ILCS 5/5-4.5-100) concerning credit for time spent in home detention prior to judgment. (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good Behavior Allowance Act (730 ILCS 130/) for rules and regulations for good behavior allowance. (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for electronic home detention. (Source: P.A. 97-697, eff. 6-22-12.)

A Class B misdemeanor by comparison, basically has a punishment with half the severity of a Class A misdemeanor. This type of offense has a maximum penalty of 180 days incarceration in the county jail, with a maximum fine of $1500. (730 ILCS 5/5-4.5-60)

(730 ILCS 5/5-4.5-60) Sec. 5-4.5-60. CLASS B MISDEMEANORS; SENTENCE. For a Class B misdemeanor: (a) TERM. The sentence of imprisonment shall be a determinate sentence of not more than 6 months. (b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite term of up to 6 months or as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1). (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS 5/5-8-1.2) concerning eligibility for the county impact incarceration program. (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or conditional discharge shall not exceed 2 years. The court shall specify the conditions of probation or conditional discharge as set forth in Section 5-6-3 (730 ILCS 5/5-6-3). (e) FINE. A fine not to exceed $1,500 for each offense or the amount specified in the offense, whichever is greater, may be imposed. A fine may be imposed in addition to a sentence of conditional discharge, probation, periodic imprisonment, or imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts and determination of amounts and payment. (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) concerning restitution. (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or consecutive as provided in Section 5-8-4 (730 ILCS 5/5-8-4). (h) DRUG COURT. See Section 20 of the Drug Court Treatment Act (730 ILCS 166/20) concerning eligibility for a drug court program. (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 ILCS 5/5-4.5-100) concerning credit for time spent in home detention prior to judgment. (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good Behavior Allowance Act (730 ILCS 130/) for rules and regulations for good behavior allowance. (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for electronic home detention. (Source: P.A. 97-697, eff. 6-22-12.)

Illinois Traffic Lawyer (312) 714-2800