Chicago Aggravated Speeding Attorneys
Most individuals charged with a speeding offense can pay a fine, receive court supervision and perhaps attend traffic safety school. However, if you are charged with aggravated speeding in Chicago, you are going to need to hire an attorney. The reason is because you are charged with a criminal offense.
So, what is Aggravated Speeding?
In Illinois and Chicago, aggravated speeding falls into two categories — Class A aggravated speeding and Class B aggravated speeding. The difference between the two classes is fairly straightforward. Class A speeding citations allege that you were travelling in excess of 35 miles per hour over the posted limit. Class B speeding citations are for travelling in excess of 26 to 34 miles per hour over the posted speed limit.
Aggravated speeding penalties
As charged, a Class A speeding citation carries with it the maximum sentence of up to 364 days in Cook County Department of Corrections (CCDOC), a fine of $2,500 or a combination of both. Class B speeding citations carry the possible max penalty of 180 days in CCDOC and a fine up to $1,500. In either situation, the possible penalties can be quite severe. This is why the courts often require you to have an attorney for aggravated speeding.
Court for aggravated speeding
If you are issued an aggravated speeding citation in the Chicago city limits, you are going to have to appear in court at the Daley Center. Whether you were issued the citation by the Chicago Police Department or the Illinois State Police will dictate which court room you are assigned. Aggravated speeding citations are heard on the 4th Floor of the Daley Center at 50 W. Washington St. in rooms 405, 402, 404, 406 and 408. Your court appearance will be either at 9:00 AM or 1:00 PM, depending on what time your ticketing officer is scheduled to be in court.
Ticketed for aggravated speeding by Chicago Police Department
If you were ticketed for aggravated speeding on Lake Shore Drive or a Chicago city street, your citation is likely being written by a Chicago Police Officer. The CPD also patrols the Skyway between Chicago and Indiana. Many drivers consider the area on the Skyway by the tolls to be a “speed trap” with one officer that writes the majority of the aggravated speeding citations in that particular area.
Ticketed for aggravated speeding by Illinois State Police
In contrast, the Illinois State Police mainly patrol the Interstate. So, if you are pulled over for aggravated speeding on I-94, I-290 or I-55 and are within the Chicago City limits, it is than likely that you will be given a mandatory court appearance at the Daley Center.
From time to time, an Officer may issue an aggravated speeding citation for a room on the Concourse Level (CL) of the Daley Center. When this does happen, it is a mistake that the Judges in the CL level rooms will correct. If your case is incorrectly assigned to a CL room, the Judge will transfer your case to the 4th Floor of the Daley Center on the next scheduled date the officer is scheduled to appear. Typically, this is 6-8 weeks later. Unfortunately, a mistake such as this is not a basis for a dismissal and you will have to appear on your next scheduled court date.
Appearing in court for aggravated speeding
The reason why you must appear in court for an aggravated speeding citation is due to the aforementioned possible penalties of jail and/or substantial fines. This is why you should always hire an attorney who is experienced in representing people in Chicago. We at Driver Defense Team often have clients who reside outside of Illinois and received an aggravated speeding, must-appear citation. If this is a situation you find yourself in, we can still be of service.
“Must Appear” in court for aggravated speeding but live in another state
Even though aggravated speeding in Chicago requires you to appear in court, if you retain the services of an attorney prior to your appearance date, that attorney can have you execute a notarized affidavit. This document provides your traffic ticket attorney with the ability to negotiate a plea disposition without having to appear yourself. This often allows us to resolve the case on your behalf without you having to travel to Chicago.
So, what should you expect when you hire an attorney for aggravated speeding?
There are many factors that come into play when handling an aggravated speeding case. These factors include: your alleged speed, your driving background (typically how many prior speeding citations you have in your background), your interaction with the ticketing officer, the Judge that is assigned to your courtroom and the State’s attorney who is prosecuting your citation. All these factors come into play when representing someone who is charged with aggravated speeding in Chicago.
So now that you’ve hired an attorney to represent you, what can you expect to happen on your scheduled court date?
Once again, this depends on the aforementioned factors, with the added issue of whether or not you are licensed in Illinois or in another state. The reason for this factor is due to the fact that the State’s Attorney who prosecutes the case only has access to the driving background of Illinois licensed drivers. If you possess a driver’s license from another state, the State’s Attorney will want to review your driver’s abstract prior to making any kind of offer. The good news is that many states allow you to access your driving background online or in person at your state’s Secretary of State, DMV or BMV; depending on which department administers or regulates your driver’s license.
Once the State’s Attorney has an opportunity to review your driving history, it is likely that they will confer with their ticketing officer before making an offer to resolve this case. It is highly unlikely that they will offer to dismiss the citation entirely, but it is often possible for us to get the citation amended. Amending the citation simply means that the State’s Attorney may offer to reduce the speed to what’s known as a lesser included offense of petty, or non-criminal, speeding.
If a citation is amended to petty speeding, the only possible outcomes are court costs, fines, community service or traffic safety school. Court costs are mandatory and will either be $214 or $179 depending on whether you receive court supervision or a conviction. Fines, community service and or traffic safety school are possible and depends on all the factors previously mentioned.
Court Supervision for aggravated speeding
Clients are worried that court supervision in similar to probation. Rest assured, court supervision isn’t reporting. This means that you don’t have a supervision officer, probation officer or anyone that you need to report to. Supervision is simply a period of time – typically 4 months at the Daley Center – in which you are not supposed to be issued any new traffic citations. If you receive supervision, there is no effect on your insurance or the status of your driver’s license. Mandatory court costs for supervision on a petty speeding offense is $214.
The alternative to supervision is a conviction. The biggest difference between the two is that convictions can have the effect of suspending your driver’s license and possibly increasing your insurance premiums. Conviction costs are only $179, but the ramifications on your license and insurance could cost well more than the nominal difference in costs.
Contact Driver Defense Team Today
Whether you live in the Chicago area or out of state, you want an experienced aggravated speeding attorney to represent you. The lawyers at Driver Defense Team defend over 500 aggravated speeding tickets a year. You can trust us to do everything possible to protect your driving record and avoid a criminal record when charged with aggravated speeding. Contact us today at (312) 940-8330 to speak with an experienced Chicago aggravated speeding attorney.