Park Forest, IL asked in Traffic Tickets for Illinois

Q: In IL, could driving over statutory limit 21-25 be bumped up to reckless driving in court? This my first ticket in life.

Last night, I received my first ever ticket in my life last night. Driving over Statutory Limit by 21-25. 95 over 70. Up until now (at 35), I've maintained a 100% clean driving record, not even parking ticket or any arrests ever in my life. I was also hit with a violation for driving an uninsured motor vehicle, however I do have active insurance that started three months ago when I bought my brand new car at the end of June. The insurance company issued my card using my old expiration date, despite me having renewed my insurance previously. I realized after the stop that I did have documents showing the insurance was active, but was not an actual insurance card. The officer told me to bring documents to court showing active insurance, and that citation could be thrown out.

For speeding, The violated code listed online does not mention reckless driving (625 ilcs 5/11-601(b), nor does the ticket. However, can the court decide to bump it to reckless on the court date?

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3 Lawyer Answers
Brandon K. Davis
Brandon K. Davis
PREMIUM
Answered
  • Traffic Tickets Lawyer
  • Northfield, IL
  • Licensed in Illinois

A: Reckless driving is a different offense entirely, it would be very unusual for the State to 'upgrade' the charge. Speeding 25 over the limit is still a petty offense, while speeding 26+ and reckless driving are both misdemeanor/criminal offenses. If you are uncomfortable appearing on your own, you can consider hiring an attorney to ensure this is resolved properly.

Juan Ooink agrees with this answer

Theodore J. Harvatin
Theodore J. Harvatin
PREMIUM
Answered
  • Traffic Tickets Lawyer
  • Springfield, IL
  • Licensed in Illinois

A: The law in Illinois is that speed alone cannot be a basis for reckless driving.

Juan Ooink agrees with this answer

Juan Ooink
Juan Ooink
Answered
  • Criminal Law Lawyer
  • Bolingbrook, IL
  • Licensed in Illinois

A: It is not up to the Court to increase or file charges against you. Only the prosecutor and police officer can do this. Go to court, show your valid proof of insurance and ask for Court Supervision on the speeding ticket.

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