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Are Traffic Violations Misdemeanors Or Felonies?


This would depend on certain factors. With speeding tickets, if someone was more than 25 miles an hour over the speed limit, then it would be charged as a Class B Misdemeanor, meaning they could get up to six months in jail and a $1500 fine.

If the person was 35 mph over the speed limit, which is not hard to do on the toll ways, they would be charged with a Class A Misdemeanor and could receive up to a year in jail and a $2500 fine.

Using The Point System Regarding Driving Records And Violations

The more serious the offense, the more serious the points. What action is taken would really be at the discretion of the Secretary of State. If someone had three speeding tickets they may not lose their license. However, if the person received three reckless driving tickets, would perhaps likely be suspended.

What the Secretary of State deemed as appropriate punishment would really just depend on the severity of the ticket. It also would depend on the person’s age. Someone who was under 21 years old, for example, would not be allowed to get more than two tickets in a 24-month period. They would have to be very careful to make sure those charges did not go on their record, and that they got court supervision, because in that case those charges would not count as convictions.

There Have Been Some New Changes In The Law Regarding Traffic Offenses

Up until last week, the law stated that a person could not get court supervision on cases no matter what their driving record was like, because the judge’s hands were tied. They finally realized the ridiculousness of this. If someone could get court supervision on a DUI, then surely they should be able to get court supervision for a speeding ticket. The law changed on January 1st.

Fleeing And Eluding Are A Class 4 Felony

A Class 4 Felony would be a situation where someone took off from the police, and was fleeing and eluding police where the person went through two stop signs or two stoplights or something like that. They could go to prison for up to three years and would definitely have their license revoked.

If the police thought the person did not stop when they asked them to, and if the person was going more than 35 mph over the speed limit then that would also count as a fleeing and eluding felony.

Hit And Run Situations And Property Damage Or Injuries

There are a lot of cases where a person failed to stop after having an accident or it was involved in a hit and run type of situation. These could be considered a misdemeanor depending on whether there was personal property damage only or if there was also personal injury, in which case it would become very serious. It could then become a felony if the person took off after causing a personal injury in an accident.

There Could Be Repercussions For Your Vehicle And On Insurance Rates

Certainly, no one would want a felony on their record and also your car could be forfeited if it is alleged it had been used in the commission of the crime. It would not just be a traffic ticket, because there would be impounds, tow truck charges and in some cases the person might even lose their car completely, not to mention what that would do to the person’s insurance rates.

You Should File For A Hearing Soon After Receiving A Ticket

When you receive a ticket for a traffic violation in Illinois, usually the initial court appearance date will be mentioned on it somewhere. For a very minor ticket, some jurisdictions just send a notice in the mail saying they could request court supervision without actually having to go to court. People need to be careful about this, however because it would require them to plead guilty ahead of time, and they would not qualify for court supervision if they had also gotten other tickets during the year. The court would just take their money, say thank you, and then give them a conviction which would be the last thing you would want.

Most jurisdictions in Illinois would require the person to send in a request for trial, so the first date on the ticket would just be for the person to plead guilty. The best thing to do would be to just mark that you would like a trial and then send in the ticket so that the court could give the trial date.

For more information on Misdemeanor And Felony Traffic Offenses, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (847) 244-4636 today.

Barry Boches, Esq.

Get your questions answered - call me for your free phone consultation (847) 244-4636.

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