Illinois Case Law Update: Aggravated Speeding

 Posted on August 16, 2016 in Traffic Violations

Illinois Supreme Court rejects challenge to mandatory convictions for aggravated speeding in People v. Rizzo.

A Cook County judge ruled that a motorist's inability to receive court supervision for aggravated speeding (driving 26 mph or more over the speed limit) was too harsh when compared to other class A misdemeanors. Driving 26-34 mph over the speed limit is a class B misdemeanor, while driving 35 mph over the speed limit is a class A misdemeanor. The Cook County decision reasoned that the penalty for aggravated speeding was "cruel and degrading" when compared to other class A misdemeanors that allow for a court to grant supervision, such as Driving While License Revoked, Driving While License Suspended, and DUI, even when involving bodily harm or death. Nonetheless, the Illinois Supreme Court overturned the Cook County decision ruling that a driver's inability to receive court supervision for aggravated speeding does not violate the proportionate penalties clause of the Illinois Constitution. The "collateral consequences of conviction...do not qualify as part of the 'penalty' for purposes of proportionate penalty analysis." 

If you receive a ticket for aggravated speeding, or any traffic violation, in DuPage County, Will, Cook, Kane or Kendall Counties, contact our experienced traffic attorneys at J. Aldrich Law, P.C. for a free consultation.