Traffic

In Illinois speeding from 1-25 mph over the limit is classified as a petty offense and is punishable by fine only.  However, many individuals are not aware that speeding 26-34mph over the limit is considered a criminal offense (Class B misdemeanor) punishable by up to 6 months in jail and a maximum fine of $1,500 plus Court costs.  The penalties potentially worsen when a motorist is caught exceeding the speed limit by 35mph or more as such an offense is considered a more serious crime (Class A misdemeanor) punishable by up to 364 days in jail and a maximum fine of $2,500 plus Court costs.  A motorist who is convicted of misdemeanor speeding will have a criminal conviction on his or her record which may need to be reported on future job or housing applications.

When charged with misdemeanor speeding (Aggravated Speeding) it is prudent to retain the assistance of a qualified traffic attorney.
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Commonly I receive phone calls from prospective clients who are interested in "clearing" their driving record.  The most common reasons are to lower insurance rates and to make themselves a better job candidate for perspective employers.  The first thing I usually explain is that most traffic offenses are considered petty offenses and under Illinois law  you cannot expunge a petty offense, business offense or class C misdemeanor charged under the Illinois vehicle code.20 ILCS 2630/5.2(a)(1)(G).
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The authority for the State of Illinois to charge someone with driving on a suspended or revoked license can be found in section 625 ILCS 5/6-303.  It's hard to believe that a crime as simple as driving on a suspended license has morphed into such a voluminous statute.  The statute is approximately 7 pages long when printed.  The law is inundated with numerous mandatory minimum penalties depending on how many prior offenses you have had and the reason for your current suspension.  If you are charged with driving on a suspended or revoked license the degree of trouble you are in largely depends on why your license was suspended and how many prior offenses you have had.  For example, if you were suspended due to a DUI and you get caught driving on a suspended license the consequences can be severe.  However, if you are suspended due to 3 moving violations within a 12 month period of time your punishment for your first offense may seem trivial. 

It's always a good idea to order a Court purposes driving abstract from an Illinois Secretary of State facility.  The abstract discloses everything you need to know about your driving history and you may find that you are able to clear up your driver's license suspension prior to your Court date.  In my experience judges and prosecutors are far more likely to adhere to a lenient sentence and in some cases a dismissal when you go to Court with a valid license in hand.

In my office it is an extremely common occurrence for a parent to contact me with the unfortunate news that his son has a suspended driver's license.  Often times a teen motorist who is cited for speeding or a red light violation elects to pay the ticket through the mail or over the internet without researching the consequences of his actions.  Section 625 ILCS 5/6-206(a)(36) of the Illinois vehicle code vests the Secretary of State's Office with the authority to suspend the driver's license of a motorist who is under 21 and has obtained 2 moving violation convictions within a 24 month period of time.  The good news is that most of the time this is a problem that can be fixed.

When a client comes to me with such a problem the first thing I do is identify which Courthouse(s) that the convictions originated from and how old they are.  So long as there are only 2 convictions the hold on the client's driver's license can be lifted by motioning one of the convictions up before a Judge and requesting that the conviction be vacated.  Most Judges are sympathetic to this situation and are often receptive to such a reasonable request.  If the Judge elects to vacate one of the convictions notice must be sent to the Illinois Secretary of State's Office.  When the Secretary of State receives notification that the motorist now only has 1 conviction in the past 24 months as opposed to 2, section 625 ILCS 5/6-206(a)(36) will no longer be applicable and the hold on the motorist's license resulting from the 2 convictions is lifted.