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New Law Permits Supervision for First Offense Aggravated Speeding

Last Friday, Governor Rauner signed legislation that will allow for first time offenders, who are charged with aggravated speeding (more than 26 mph over the posted speed limit) to get a sentence of court supervision.  Supervision is a type of sentence where, if all the conditions of the sentence have been met, results in a dismissal of the charge after completion of the supervision period.

From today’s Illinois State Bar Association E-Clips:

Speeding and supervision
Public Act 99-212
(Walsh, D-Joliet; Mulroe, D-Chicago) does the following: (1) Creates the offense of aggravated special-speed limit for going 26 or more mph but less than 35 (Class B misdemeanor) and for going more than 35 mph in a school zone or highway-construction zone (Class A misdemeanor). (2) Prohibits supervision for aggravated speed in a highway-construction zone. (It doesn’t change the blanket prohibition against supervision for speeding in a school zone.) (3) Allows supervision to be given for 26 or more mph over the posted speed limit if the driver has never been convicted of this offense or been given supervision for it. (4) Prohibits supervision from being given if driving more than 26 or more mph over the posted speed limit if it was done in an urban district. (For more, see IL Law Update on page 18 of the August issue of the Illinois Bar Journal.) Effective January 1, 2016.

Please note that the supervision is not applicable in all cases, and that a Court always has the discretion to impose or not impose a sentence of supervision.