Q: Sheriff's office speeding ticket, DuPage County, doing 80 in 55mph zone. First offense. What do I do?
The sheriff pulled me over on I88, he said I was doing 82mph, i politely told him I was doing somewhere between 75 and 80mph. I have a clean record (3 red light camera violations in the last 12 months, nothing else) and was very polite to the officer, apologizing a few times. From what i've read, 25mph over the limit will give me 20 points and could suspend my license for up to 2 months. How should I approach this as this is my first offense? Should I get a lawyer or represent myself and try to get supervision? Ticket was given in Naperville.
A:
First, it is wise that you sought to inquire about this ticket. The ticket you are facing is known as a class B misdemeanor. It is punishable by up to $1,500 fine and/or 180 days in jail. That said, this is an extremely unlikely result given you were not driving particularly fast and have a clean record but it is important to realize that it is a criminal misdemeanor. Unfortunately, the legislature saw fit to bar supervision for class A and class B speeding tickets (26 or more mph over the limit) and consequently neither the judge nor the prosecutor is legally allowed to grant court supervision for such a ticket on its face.
As for the ramifications for your license, I can say without a doubt that this offense cannot, given your record, result in a suspension unless you miss the court date. The points value is not used in Illinois for determining whether suspensions are applied but rather to determine the length of such suspensions. The points relate to whether it is a moving violation or not. The rule for suspension for such offenses is a conviction for 2 moving violations in 24 months (if under age 21) or 3 in a 12 month period (21 or older) will result in a suspension. The number of months that suspension lasts depends on the cumulative points value of all the tickets that formed the basis of the suspension based upon a chart printed in the Illinois Administrative Code. The only take home here is that you need to avoid a moving violation conviction for this offense and get at least court supervision which, in the eyes of the secretary of state, does not count towards this 2 in 24 or 3 in 12 rule.
Court supervision is possible though it requires some negotiation. By having an attorney negotiate with the prosecution, it is possible to have a ticket amended to a lower level speeding offense for which court supervision is allowed. In doing so, the ticket does not result in a misdemeanor charge, it will not damage your license, and it will not cause your insurance rates to go up or employers to learn of it because it is not on public records.
My recommendation would be to reach out to an attorney PRIOR to your court date. Due to the misdemeanor charge and the risk of jail, judges are often unwilling to enter judgment against defendants when they are not represented by counsel. Appearing with an attorney on your first court date can, in most cases, result in the case being resolved on the first court appearance.
Finally, on an unrelated side note, be sure to pay your red light camera tickets. If at any time you do receive 5 unpaid tickets for it, the Secretary of State WILL suspend your license until the balance is paid or you are on a payment plan (the availability of this second option depends on the agency owning the cameras).
Hope this helps!!
Jason A. Wilkins
Attorney at Law
Law Office of Jason A. Wilkins
2135 City Gate Lane, Suite 300
Naperville, Illinois 60563
(630) 445-2293
www.jwilkinslaw.com
A:
Please note that my advice was based upon receiving a ticket for speeding 26-34 mph over. If you did receive a ticket for speeding 25mph over, please feel free to comment here and I would be happy to add supplemental advice for handling it because I have DRASTICALLY different advice for what is recommended if the speed was indeed 25mph over on the face of the ticket.
Hope this helps!!
Jason A. Wilkins
Attorney at Law
Law Office of Jason A. Wilkins
2135 City Gate Lane, Suite 300
Naperville, Illinois 60563
(630) 445-2293
www.jwilkinslaw.com
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