Previously, a traffic offense in Illinois had never seemed like a serious issue for licensed motorists. However, putting the pedal to the metal will no longer result in just a speeding ticket thanks to a new Illinois law that went into effect January 1, 2011. This new law is composed of two important parts:

•Causing speeding in excess of 30 miles per hour a Class B Misdemeanor with a penalty of up to six months in jail and a fine of $1,500; and

•Denying court supervision for speeding over 40 miles per hour over the limit. Driving over 40 miles per hour over the limit remains a Class A Misdemeanor, that carries a penalty of up to one year in jail and a fine of $2,500.

For defendants who are found guilty after a trial or who plead guilty in traffic court, a sentence of supervision would be the best outcome. Supervision is a sentence in which the court defers judgment until a later date. During this period of time, if the defendant does not violate the law and complies with all the terms and conditions of the supervision sentence, then the charge will be dismissed. If the defendant is found to have violated the law during the supervision period, a conviction will be entered against him. Although supervision will appear on the defendant’s driving record, it is not a conviction. Since it is not a conviction, it does not affect insurance rates nor does it affect driving privileges.

A conviction, unlike a sentence of court supervision, causes the Secretary of State to impose points to a licensed motorist’s driving record. Unfortunately supervision is not available for speeding 40 mph over the limit. This Class A Misdemeanor may threaten to suspend a person’s driving privileges. Driver’s license points determine the length of a suspension. In some cases, too many points can result in a revoked license. The points are assigned as follows; speeding 1 to 10 mph above the speed limit will earn 5 points; speeding 11 to 14 mph above the speed limit will earn 15 points, speeding 15 to 25 mph above the speed limit will earn 20 points; and speeding over 25 mph above the speed limit will earn 50 points.

The Secretary of State will suspend a person’s license according to the following rules (assuming no prior suspensions):

•0 through 14 points – no action.

•15 through 44 points – 2 month suspension.

•45 through 74 points – 3 month suspension.

•75 through 89 points – 6 month suspension.

•90 through 99 points – 9 month suspension.

•100 through 109 points – 12 month suspension.

•110 or more points – one year revocation.

Since court supervision is an option in most instances of speeding, a driver must take advantage of the 2 allotted court supervisions per year. Receiving court supervision on traffic offenses will essentially give the driver two opportunities to receive a speeding ticket without impacting their driving privileges. After using the two allotted court supervisions, the driver is no longer eligible for court supervision and will only receive convictions there forward. At this time, points will begin accumulating based on the charge causing the driver to face a possible suspension. However, if the driver has been charged with speeding 40 mph or more over the limit, the driver will receive an automatic conviction, and 50 points on their driving record and likely receive a 3 month suspension of driving privileges.