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February 10, 2023

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For those caught going over the speed limit, there can be far more significant consequences than just a speeding ticket. You could go to jail for speeding.

Depending on the circumstances, you may possibly be facing a driver’s license suspension and maybe even jail time. Speeding can be much more than a minor traffic offense.

Because of the consequences, you should hire a speeding ticket lawyer. You may be able to avoid severe consequences and have your possible jail time reduced. You should contact an attorney for a free consultation.

Should You Go to Jail for Speeding? A Law Enforcement Officer Has Discretion When They Pull You Over

When you are pulled over for suspicion of speeding, the police officer will know how many miles per hour you have been going over the speed limit. They will ask for your license and registration and run a check of your driving record.

The officer has discretion about whether they will write you a traffic citation. They may decide to let you off with a warning. However, they are less likely to not give a ticker when there are other circumstances.

The more you have been going over the speed limit, the more likely law enforcement will give you a ticket. In addition, if you have been speeding in a school or construction zone, you are more likely to issue a citation.

Go to Jail for Speeding

Most people caught driving too fast do not go to jail for speeding. However, if you drive too fast (or too frequently) you make face time in jail.

The Consequences of a “Regular” Speeding Ticket

A speeding violation is generally not a criminal offense in Illinois, except under the circumstances described below. You will be fined a certain amount when you are issued a “regular” traffic ticket.

If you are caught speeding by 1-20 miles per hour over the speed limit, the fine in Illinois is $120. That escalates to $140 for 21-25 miles per hour over the speed limit.

In addition, speeding will also affect your driving record. If you are convicted of enough violations in a short period of time, you could have your license suspended.

Points are assigned for a speeding ticket as follows:

  • 11 to 14 MPH above the speed limit – 15 points.
  • 15 to 25 MPH above the speed limit – 20 points.
  • More than 25 MPH above the speed limit – 50 points

If you have been convicted of three moving violations within a 12-month period, your license will be suspended, and you could go to jail for speeding. The length of the suspension will depend on the number of points you have accumulated based on your convictions.

Minor Traffic Violations Do Not Result in Jail Time

Even speeding violations may not necessarily result in a jail sentence. These citations are not even considered to be criminal offenses.

Nonetheless, you have the incentive to contest the charges against you in traffic court. You can lose your right to drive if you have received enough convictions (and not tickets).

However, the average speeding ticket is insufficient to ensure you go to jail for speeding. You can even have a speeding ticket reduced if you show up in traffic court to fight the charges against you.

Increased Insurance Premiums for a Speeding Ticket

You will likely face higher insurance rates for speeding violations, even if you do not go to jail for speeding. The insurance company will view you as a much greater risk to insure based on your driving record.

Every insurance company will have its formula for raising your rates after a speeding conviction, which factors in many things. Research shows that the average premium to insure a driver after a speeding ticket will rise by 10-25%.

You will need to pay the additional fees for roughly two years. The increased insurance is in addition to the fines and penalties you must pay the government.

Go to Jail for Speeding: Reckless Driving Charges

There is a point where a traffic offense can become a crime. In Illinois, traveling more than 25 miles per hour over the speed limit is considered reckless driving. Instead of being stopped and given a traffic ticket, you can face arrest and a trial.

In the past, reckless driving charges kicked in when you were caught speeding over 35 miles per hour. In response to a surge in traffic deaths, a new Illinois law lowered the threshold in late 2021.

The new law is in Section 11-601.5(a) of the Illinois Vehicle Code. A person can be charged with a Class B misdemeanor and potentially go to jail for speeding if they are clocked at 26 mph or over the limit.

For those caught going well over the speed limit, there can be far more significant consequences than just a speeding ticket. You will go to jail for speeding.

Depending on the circumstances, you may possibly be facing a driver’s license suspension and maybe even jail time. Speeding can be much more than a minor traffic offense.

Because of the consequences, you should hire a speeding ticket lawyer. You may be able to avoid severe consequences and have your possible jail time reduced. You should contact an attorney for a free consultation.

How Not to Go to Jail for Speeding! A Law Enforcement Officer Has Discretion When They Pull You Over

When you are pulled over for suspicion of speeding, the police officer will know how many miles per hour you have been going over the speed limit. They will ask for your license and registration and run a check of your driving record.

The officer has discretion about whether they will write you a traffic citation. They may decide to let you off with a warning. However, they are less likely to not give a ticker when there are other circumstances.

The more you have been going over the speed limit, the more likely law enforcement will give you a ticket. In addition, if you have been speeding in a school or construction zone, you are more likely to issue a citation.

Arrested for Speeding! What Is Felony Speeding?

Felony speeding generally refers to exceeding the speed limit by a substantial margin, often 20-30 mph or more, or speeding that leads to harm or evading law enforcement.

The term “felony” indicates a severe crime, possibly leading to over a year in prison, significant fines, or loss of driving privileges. Specifics depend on local laws.

Reckless Driving Charges for Speeding

There is a point where a traffic offense can become a crime. In Illinois, traveling more than 25 miles per hour over the speed limit is considered reckless driving. Instead of being stopped and given a traffic ticket, you can face arrest and a trial.

Potential Jail Time for Reckless Driving

Reckless driving is charged as a Class B misdemeanor in Illinois. The potential penalties are as follows:

  • Up to 180 days in county jail
  • A fine of up to $1500
  • Potential suspension of your driver’s license upon conviction

The traffic court judge will advise that you are facing a misdemeanor criminal charge and should consider hiring an attorney. They will make it clear that the answer to the question of whether you can go to jail for speeding is yes.

Given the possibility of jail time, you will want to hire an attorney. The judge is not obligated to sentence you to jail time, so you will want a lawyer. Your freedom can be on the line.

Depending on how much over the speed limit you were going and whether you were involved in an injury-causing accident, the judge could be more likely to sentence you to jail.

You May Not Want to Automatically Plead Guilty

If you have been charged with crimes, the best course of action is to always plead not guilty at first. Your attorney can either fight the charges against you or try to negotiate with the prosecutor to help you stay out of jail. Instead of jail, you may face other penalties, but you can keep your freedom.

You could make the prosecutor prove the charges against you, but if they have proof that you were going more than 26 mph over the speed limit, it may be easier for them to prove. You would need an experienced traffic violations attorney to negotiate effectively.

Be Careful to Respect the Speed Limit

As a driver, you should carefully observe the posted speed limit. The posted number is the maximum you can travel under normal circumstances. You should strongly consider traveling below the speed limit in inclement weather.

Not only can you face criminal penalties and the potential loss of your license, but you could also be civilly liable in a lawsuit.

Contact an Illinois Car Accidents Attorney

You may be entitled to substantial financial compensation if you or a loved one have been injured in a car accident. You should contact a personal injury attorney to review the facts of your case. If the other driver was going well above the speed limit, you might even be able to get punitive damages in a lawsuit.

The Rosenfeld Injury Lawyers law firm can help you fight for maximum financial compensation. To schedule your free initial consultation, you can message us online or call us today at (888) 424-5757.

Contact an Illinois Car Accidents Attorney

You may be entitled to substantial financial compensation if you or a loved one have been injured in a car accident. You should contact a personal injury attorney to review the facts of your case. If the other driver was going well above the speed limit, you might even be able to get punitive damages in a lawsuit.

Our car accident injury lawyers can help you fight for maximum financial compensation. To schedule your free initial consultation, you can message us online or call us today at (888) 424-5757.

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