Q: I got a speeding ticket for driving over 26mph over the speed limit.
The officer did not specify the fine amount and said that a court appearance is mandatory. What kind of a fine am I looking at. I have a pretty clean driving record.
A:
Hello Asker,
The reason the officer did not specify a fine amount and the reason why court is required is one in the same; speeding 26-34 miles per hour over the limit is a Class B Criminal Misdemeanor punishable by up to $1500 fine and/or 6 months in jail. Does this mean those are likely to happen? No. It does however mean a hefty fine is possible and addition safeguards to ensure you understand your rights kick in. As a result, mail in guilty pleas are no longer sufficient (hence the court date).
With that said, most judges will be hesitant to handle the case without an attorney at least being available to persons charged with misdemeanors. Therefore, it is recommended that you bring an attorney on the first date. As for your driving record, the clean-ish record is helpful. There are certain remedies that can be negotiated depending on the county, courthouse, courtroom, judge, and prosecutor with a good record that can range from avoiding a criminal conviction to avoiding a misdemeanor and in rare cases avoiding any record of the offense. The availability of these depends largely on the combination of county, courthouse, courtroom, judge, prosecutor, driving record, interaction with the officer, and the exact conditions under which the speeding occurred. An experienced traffic attorney can help decipher the availability of what remedies are logistically and legally possible.
As for the fine, the numbers range. The lowest I can reasonably foresee in the cheapest counties for court fines would be $350. The highest (McHenry and Lake County) can go as high as $600 or more. With any fine, it is possible to arrange time to pay and payment is never due upon the date the fine is assessed. Community service, particularly in Will County, is a possible penalty as well as traffic school (very common in McHenry County). As with the outcomes, fines and penalties are similarly very different depending on a number of factors.
I hope that helps and let us know if you have any further questions.
Sincerely,
Jason A. Wilkins
Traffic Attorney
(630) 445-2293
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