ยง 625 ILCS 5/11-601.5. Driving 26 miles per hour or more in excess of applicable limit. Illinois Traffic Lawyer Phone (312) 714-2800

Sec. 11-601.5. Driving 26 miles per hour or more in excess of applicable limit. (a) A person who drives a vehicle upon any highway of this State at a speed that is 26 miles per hour or more but less than 35 miles per hour in excess of the applicable maximum speed limit established under this Chapter or a local ordinance commits a Class B misdemeanor. (b) A person who drives a vehicle upon any highway of this State at a speed that is 35 miles per hour or more in excess of the applicable maximum speed limit established under this Chapter or a local ordinance commits a Class A misdemeanor.

EFFECT OF AMENDMENTS.

Misdemeanor Traffic Offenses in Illinois can be punishable by a fine, a jail sentence or both. Persons charged with such offenses should consult an attorney immediately. The most commonly prosecuted misdemeanor traffic offenses include the following:

The initial court date for a traffic violation classified as misdemeanor is an arraignment date. This is not a trial date. Persons charged with a misdemeanor should appear in court with an attorney. Every person receiving a traffic ticket is entitled to receive a copy of the charge in writing. The ticket must contain the following information:

Other information on the ticket is statistical in nature and not required to properly charge a violation. When there is a defect in a ticket, in most instances any objection to this defect must be made before a trial occurs.

The maximum penalty for a Class A misdemeanor is up to one year incarceration as well as a fine of $2500.

(730 ILCS 5/5-4.5-55) Sec. 5-4.5-55. CLASS A MISDEMEANORS; SENTENCE. For a Class A misdemeanor:

(a) TERM. The sentence of imprisonment shall be a determinate sentence of less than one year. (b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite term of less than one year, except as otherwise provided in Section 5-5-3 or 5-7-1 (730 ILCS 5/5-5-3 or 5/5-7-1). (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS 5/5-8-1.2) concerning eligibility for the county impact incarceration program. (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the period of probation or conditional discharge shall not exceed 2 years. The court shall specify the conditions of probation or conditional discharge as set forth in Section 5-6-3 (730 ILCS 5/5-6-3). (e) FINE. A fine not to exceed $2,500 for each offense or the amount specified in the offense, whichever is greater, may be imposed. A fine may be imposed in addition to a sentence of conditional discharge, probation, periodic imprisonment, or imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts and determination of amounts and payment. (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) concerning restitution. (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or consecutive as provided in Section 5-8-4 (730 ILCS 5/5-8-4). (h) DRUG COURT. See Section 20 of the Drug Court Treatment Act (730 ILCS 166/20) concerning eligibility for a drug court program. (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 ILCS 5/5-4.5-100) concerning credit for time spent in home detention prior to judgment. (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good Behavior Allowance Act (730 ILCS 130/) for rules and regulations for good behavior allowance. (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for electronic home detention. (Source: P.A. 97-697, eff. 6-22-12.)

A Class B misdemeanor by comparison, basically has a punishment with half the severity of a Class A misdemeanor. This type of offense has a maximum penalty of 180 days incarceration in the county jail, with a maximum fine of $1500. (730 ILCS 5/5-4.5-60)

(730 ILCS 5/5-4.5-60) Sec. 5-4.5-60. CLASS B MISDEMEANORS; SENTENCE. For a Class B misdemeanor: (a) TERM. The sentence of imprisonment shall be a determinate sentence of not more than 6 months. (b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite term of up to 6 months or as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1). (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS 5/5-8-1.2) concerning eligibility for the county impact incarceration program. (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or conditional discharge shall not exceed 2 years. The court shall specify the conditions of probation or conditional discharge as set forth in Section 5-6-3 (730 ILCS 5/5-6-3). (e) FINE. A fine not to exceed $1,500 for each offense or the amount specified in the offense, whichever is greater, may be imposed. A fine may be imposed in addition to a sentence of conditional discharge, probation, periodic imprisonment, or imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts and determination of amounts and payment. (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) concerning restitution. (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or consecutive as provided in Section 5-8-4 (730 ILCS 5/5-8-4). (h) DRUG COURT. See Section 20 of the Drug Court Treatment Act (730 ILCS 166/20) concerning eligibility for a drug court program. (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 ILCS 5/5-4.5-100) concerning credit for time spent in home detention prior to judgment. (j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good Behavior Allowance Act (730 ILCS 130/) for rules and regulations for good behavior allowance. (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for electronic home detention. (Source: P.A. 97-697, eff. 6-22-12.)

 

Illinois Traffic Lawyer Phone (312) 714-2800