What Are the Defenses Against a Speeding Violation?

 Posted on September 09, 2024 in Traffic Violations

Speeding is one of the most common traffic violations, with around 21 million drivers caught speeding each year. Many are punished with fines, points on their licenses, or even jail time. In Illinois, speeding violations range from misdemeanors to felonies and the penalties vary depending on the severity of the charge.

Many people who are issued speeding tickets simply pay the fine and move on. Towns and cities bank on this and view ticketing as another source of revenue. If you are charged with a speeding violation, you do not have to simply accept the charge and penalties. Hire an aggressive Illinois criminal defense attorney to protect your rights.

What Are the Penalties for Speeding in Illinois?

The penalties for speeding in Illinois largely depend on how fast you drive. For example:

• If you are caught driving up to 25 miles per hour over the speed limit, it is considered petty speeding. Fines for petty speeding average in the $150 range and a driver may receive between 5 and 20 traffic violation points.
• If you are caught driving between 26 and 34 miles per hour over the speed limit, you may be charged with aggravated driving. This is a Class B misdemeanor, which carries up to six months in jail and a fine of up to $1,500.
• If you are caught driving 35 miles or more above the speed limit, the charge upgrades to a Class A misdemeanor. This is punishable by up to 364 days in jail and a fine of up to $2,500.

Punishments for speeding increase in certain areas like construction and school zones.

What Are the Defenses Against a Speeding Charge in Illinois?

There are several possible defenses against a speeding charge, such as:

• Speeding out of necessity: Speeding to avoid an injury or to respond to an emergency can be a valid defense against a speeding charge. A common example given is driving fast because a woman is giving birth in the back seat.
• Failure to identify: Can the prosecution prove that you were driving the vehicle at the time?
• Faulty radar gun: Traffic cops must keep their radar and laser guns calibrated and up to date. If you can prove the officer’s Light Detection and Ranging (LiDAR) machine was not updated at the time of the offense, it may be a valid argument.
• Faulty speedometer: If you can prove that your speedometer was broken when you were caught speeding, you may be able to argue that as a defense in court.

Keep in mind that this is not a comprehensive list, and any possible defense should be reviewed with your attorney to make sure it applies.

Contact a Rolling Meadows, IL Speeding Violation Defense Attorney

A speeding violation can cost heavy fines, points against your license, a criminal record, and/or prison time. Make sure you have a solid defense by contacting Scott F. Anderson, Attorney at Law. Attorney Scott Anderson has over 25 years practicing criminal law, both as a prosecutor and a defense attorney. We know what you are up against when you are charged and we will fight aggressively to protect you. Schedule a free consultation with an Arlington Heights, IL speeding violation lawyer by calling 847-253-3400 today.