Q: Got speeding ticket and no valid d/l ticket, will I get jail time?
I got a speeding ticket for going 24 over the speed limit. In this case I was going 79 on a 55, but it was on a country like road with no homes or schools and such around. I know In Illinois 26 over is classifided as a misdemeanor. Will 24 over count as that?? And got one for my license being expired, which I had no idea that it was expired. I don't normally drive, because I don't have my own car. But that day I had no ride to work, and was almost late as to why I was speeding. But would I get jail time for those tickets or the speeding one at the most? Or get high fines?? Helpful answers appreciated! Court tomorrow!
A:
Hello Asker,
With regards to these offenses, it is unlikely that jail will even be within the realm of possibility. In most situations, jail is reserved for individuals who have particularly egregious traffic offenses, people who skip court, and people who have been charged with the same offense many times.
In this case, the speeding offense is never one which can have a punishment of jail. It is classified as a "petty offense". By definition, a petty offense is not a jailable offense as is the case with speeding 26 or more over the limit. In contrast, the license violation can be a misdemeanor offense. If a license is expired for more than 1 year, it is punishable as a Class B misdemeanor (the same level as speeding 26-34 miles per hour over the limit). This is done to punish people who fail to pay court fines as renewal is impossible with past due tickets.
In your situation, so long as you bring a valid license to court, the prosecutor is unlikely to ask for a conviction on this ticket and may even throw it out. Assuming you have not had court supervision twice in the past 12 months, you are eligible for court supervision and may protect your driving privileges by seeking it. I will caution that a conviction (rather than supervision) for driving without a valid license can carry a 2 month suspension up to a 4, 6 or 12 month suspension if you have 1, 2, or 3 prior suspensions in the past 7 years.
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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