Traffic Ticket Lawyer in Chicago
Ordinary and Aggravated Speeding
The offense of speeding in Illinois is normally a regular “petty” traffic ticket. See 625 ILCS 5/11-601. However, many motorists are surprised to find out that it is a criminal offense called Aggravated Speeding to travel at a speed faster than 26 miles per hour over the posted speed limit. See 625 ILCS 5/11-601.5
While a petty speeding offense doesn’t carry criminal penalties, you may still be faced with possible fines, a conviction on your driving record, and (for drivers 21 years old and up) possible the loss of your driver’s license if you have had three or more convictions for moving violations in a one year period. If you are under 21 years old, the law is stricter. Drivers under 21 years old will have their driver’s license suspended by the Illinois Secretary of State if they receive two moving traffic ticket convictions within a period of two years.
Aggravated Speeding is a Class B misdemeanor when the motorist travels more than 26 miles per hour above the speed limit but not more than 35 miles in excess of the speed limit. Driving a vehicle faster than 35 miles over the speed limit is a Class A misdemeanor. A conviction for either of these offenses will result in the Illinois Sectretary of State assigning 50 points to the motorist’s driving record. A conviction for these offenses will also remain on the motorist’s criminal record, which could affect the motorist’s future employment.
Pursuant to a recent change in Illinois law which took effect on January 1, 2016, a person is now eligible for Court supervision under certain circumstances. First, that person must never have been convicted of or received Court supervision for aggravated speeding in the past. See 730 ILCS 5/5-6- 1. Second, a person cannot receive court supervision for aggravated speeding in a construction zone, school zone or in an “urban district”. Supervision, if completed successfully, is not a conviction on the motorist’s criminal or driving record.
Expunging a Speeding Record
However, to be completely removed from a motorist’s criminal record, even a result of supervision must be expunged. Expungements can take two years from the termination of the supervision period. Another option in these cases is to attempt to convince the state to reduce the charge from Aggravated Speeding to Petty Speeding (see above) to avoid criminal consequences all together.
Whether you are charged with Speeding or Aggravated Speeding, the attorneys at Gruszeczki & Smith Law, LLP can help guide you through these charges with an eye and keeping your record clean.
Driving on Revoked or Suspended License
If you’re accused of driving a vehicle while your driver’s license is revoked or suspended, you could be facing time in jail or in prison. The attorneys at Gruszeczki & Smith Law can provide you with the experienced legal representation you need in this situation. Often times a driver is pulled over by the police when the police had no reasonable basis to stop the vehicle in the first place. As experienced former prosecutors, Michael Gruszeczki and Dustin Smith can analyze the constitutional issues and give you the best representation possible. We will aggressively pursue any motions to throw out and suppress the prosecution’s evidence before trial. Because we worked with the police, we know what mistakes the police make and we will use those mistakes for your benefit. Should the case go to trial, you will have aggressive, seasoned attorneys at your side.
Of course, the key to avoiding arrests and possible convictions for driving with a suspended license is simple- clear up your record and obtain a valid license. However, the Secretary of State does not make it easy for people to navigate this process. If you want to clear up your record and obtain a valid license, you will need the help of an experienced attorney. If you hire us, we will work to reinstate your driving privileges. Soon, undocumented residents will be allowed to apply for a license. This will increase your ability to work and earn wages for your family. If you have already been convicted of driving without a license or driving under the influence, this process can be difficult and confusing. You will need an attorney who knows the process to help you obtain a driver’s license. Gruszeczki & Smith Law can help.
For free consultation with experienced criminal defense lawyers about getting your driver’s license back or any other traffic matter, contact Gruszeczki & Smith Law in Chicago, Illinois at 312.253.7343. We are also available via email by using the form to the right.