Q: Will I get jail time for driving 26 mph over speed limit on first offense ?
I was cited for doing 26 mph over speed limit, 56 in a 30. In Illinois now since last year a new law went on the books where this is a Class B misdemeanor. I was not in a construction zone or school zone and it was a clear day and I was simply passing another car ( not thinking ) in a residential street. My driving record is clean with nothing for over 6 years. My big question is do you believe the county judge / prosecutors office will throw the book at me and send me to jail on my first offense, or do you believe I will get a plea bargain with a high fine, possible court supervision, possible community service or traffic school.
Please tell me your opinion what you think will occur ?
Thank you !
A:
Hello Asker,
No, jail is a very rare penalty for class A and B speeding offenses. Jail is reserved for those who are speeding beyond the point of reckless in most people's minds (70 in in a 25mph zone or double the highway limit) and those who refuse to comply with any sentence (refusing to pay fines, do community service).
That said, they will throw the book at you if you approach this ticket without representation. By law, supervision is not available for these speeding offenses and even the January 1, 2016 change in the law won't help you because it applies to highway speeding only. Traffic school is often a requirement for people sentenced under this law as well, particularly if you are under 21.
My recommendation would be to seek out a traffic attorney. Oftentimes, it is possible with a traffic attorney to arrange what is known as an amendment. This can have the Class B offense lowered to a petty offense in exchange for a higher penalty such as an increased fine. The benefit here is once it is made a petty offense, court supervision is legally available and for many, this is a desirable result for these offenses.
Hope that helps and let me know if you have further questions!
Sincerely,
Jason A. Wilkins
Traffic Attorney
(630) 445-2293
1 user found this answer helpful
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