Elgin Aggravated Speeding Cases

Aggravated Speeding in Elgin, Illinois: What You Need to Know

If you have been charged with Aggravated Speeding in Elgin, Illinois, you are facing a serious criminal offense that could have long-lasting consequences on your life. As a criminal defense attorney who handles Aggravated Speeding cases in Elgin and the surrounding areas, I understand the stress and confusion that comes with being charged. My office is located conveniently near Elgin and the courthouses that handle Elgin Aggravated Speeding cases, and I have extensive experience representing clients charged with this offense in Kane County.

Aggravated Speeding is not just a traffic ticket. It is a misdemeanor criminal charge under Illinois law that can result in a permanent criminal record, possible jail time, hefty fines, and even a suspension or revocation of your driver’s license. It is critical that you understand your rights and the legal process, and retain an experienced criminal defense attorney who knows the courts, the prosecutors, and how to fight these charges effectively.

What is Aggravated Speeding in Elgin, Illinois?

Under Illinois law (625 ILCS 5/11-601.5), Aggravated Speeding is defined as driving:

  • 26 to 34 miles per hour over the posted speed limit: Class B Misdemeanor
  • 35 miles per hour or more over the posted speed limit: Class A Misdemeanor

These are criminal offenses. That means you cannot simply pay a fine and move on. You must appear in court, and if convicted, you will have a criminal record.

In Elgin, Aggravated Speeding charges are typically heard at the Kane County Branch Court located at 150 Dexter Court, Elgin, IL 60120, or at the Kane County Judicial Center at 37W777 IL-38, St. Charles, IL 60175, depending on the nature and location of the offense. My office is located close to both courthouses, and I am regularly in front of the judges who preside over Aggravated Speeding cases in these courts.

Class A vs. Class B Misdemeanor: What’s the Difference?

The severity of the charge depends on how fast you were driving:

  • Class B Misdemeanor (26-34 mph over the speed limit):
    • Punishable by up to 180 days in jail
    • Fines up to $1,500
    • Court supervision, probation, or conditional discharge may be available
  • Class A Misdemeanor (35+ mph over the speed limit):
    • Punishable by up to 364 days in jail
    • Fines up to $2,500
    • Greater risk of jail time, especially if there are aggravating factors

These charges may also come with additional enhancements depending on the circumstances. For example, if you were speeding in a construction zone, school zone, or while driving with a suspended license or without insurance, prosecutors may seek enhanced penalties or additional charges.

How Aggravated Speeding is Handled in Elgin Courts

If you are charged with Aggravated Speeding in Elgin, you will receive a court date and must appear in person. The judge will not allow a lawyer to appear on your behalf unless you are also present, at least for the initial appearance.

The process typically includes:

  1. Arraignment/First Appearance: You will be informed of the charges against you, and you may enter a plea.
  2. Pre-trial Hearings: Your attorney will negotiate with the prosecutor and may file motions to suppress evidence or dismiss the case.
  3. Resolution: The case could be resolved by plea agreement, court supervision, or trial.

In many cases, a skilled criminal defense attorney can negotiate a resolution that avoids a conviction and keeps your record clean. Court supervision is often a goal in these cases, as it prevents a conviction from appearing on your criminal record, assuming all conditions are met.

Examples of Aggravated Speeding Charges in Elgin

Here are a few real-world examples of how these cases can unfold:

  • Example 1: A 19-year-old driver was pulled over for going 92 mph in a 55 mph zone on I-90 near Elgin. This is 37 mph over the limit, making it a Class A Misdemeanor. Because the driver had no prior record and was cooperative, I was able to negotiate court supervision with traffic school and a small fine.
  • Example 2: A commercial driver was charged with going 80 mph in a 45 mph zone in a construction zone. Due to the construction zone and the potential impact on the client’s CDL (Commercial Driver’s License), we pushed for a trial and were able to get the speed reduced, avoiding a criminal conviction and preserving his livelihood.
  • Example 3: A repeat offender was charged with 30 mph over the limit in a school zone. The prosecutor initially sought jail time due to the aggravating factors. However, after presenting mitigating evidence, we secured probation with community service.

How an Aggravated Speeding Charge Affects Your Driver’s License

An Aggravated Speeding conviction can have serious implications for your Illinois driver’s license:

  • If convicted, the offense goes on your driving record.
  • Court supervision is not a conviction, but if you get another ticket within the supervision period, it could trigger further penalties.
  • The Illinois Secretary of State may suspend or revoke your license depending on your prior record, age, and whether you have accumulated points.
  • If you hold a CDL, an Aggravated Speeding conviction can affect your ability to work and may result in disqualification.

Having an experienced Elgin criminal defense attorney can make the difference between keeping your license and losing it.

Why You Need an Attorney for Aggravated Speeding in Elgin

Because Aggravated Speeding is a criminal offense, you cannot afford to go to court alone. The consequences are too serious, and without proper representation, you may end up with a permanent criminal record, jail time, or loss of driving privileges.

I have been representing clients charged with Aggravated Speeding in Elgin for over 32 years. I know the local judges, prosecutors, and court procedures. I use that knowledge to develop strong defense strategies tailored to each client’s unique circumstances. Whether it’s getting the charge reduced, securing court supervision, or taking your case to trial, I will fight to protect your rights, your record, and your future.

Call Today for a Free Consultation

If you or someone you know is facing an Aggravated Speeding charge in Elgin, Illinois, call me today for a free and confidential consultation. Let’s discuss your case, your options, and how I can help you achieve the best possible outcome.

Time is of the essence in these cases. The sooner you contact me, the sooner I can begin building your defense. My office is located near the Elgin courthouses, and I am ready to stand by your side.

Call 847-807-7405 or fill out our online form to schedule your consultation and take the first step toward protecting your future.

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