Q: First offense. Going 35mph over the speed limit in a construction. Could my license be taken away after 1st time?
A:
Hello Asker,
First off, no, this offense alone cannot trigger a suspension so long as you appear in court for your court date. The rule for moving violation suspensions is as follows:
-Drivers under 21 - Suspension if issued two moving violation tickets within 24 months AND BOTH of those tickets resulted in a conviction
-Drivers 21 and over - Suspension if issued three moving violation tickets within 12 months AND ALL of those tickets resulted in a conviction
Since this is your first ticket, it is not possible to be suspended under this rule. If you fail to appear, you may be suspended though and an arrest warrant will issue. This is the only way I can see a suspension resulting.
With regards to this ticket, it is a class A misdemeanor punishable by up to 2500 fine and/or 1 year in jail. It is a serious offense that if you are convicted of it can result in a steep increase in your insurance rates/being dropped from your policy (depends on the insurer). Lastly, judges in Kane County will allow you to resolve this case without the aid of an attorney due to the risk of jail time so you should expect to secure representation for this ticket.
Hope that helps and let us know if you have any questions.
Sincerely,
Jason A. Wilkins
Traffic Attorney
(630) 445-2293
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