(UPDATE – June 16, 2016 – In People v Rizzo, the Illinois Supreme Court held that the law denying supervision to first-time excessive speeders does not violate the proportionate penalties clause of the Illinois Constitution.)
A Cook County Circuit Court Judge has held that denying supervision to first-time excessive speeders in all cases violates the Illinois Constitution.
Under Illinois law, supervision is not available to drivers who violated the Excessive/Aggravated Speeding Law. Currently, this applies to driving more than 35 miles over the limit, a Class A Misdemeanor. As of January, 2016, those travelling more than 25 miles over the limit in an urban district are also barred from supervision on a first offense.
Supervision is technically not a conviction. Judge Deborah J. Gubin found that supervision is generally available on first offenses for retail theft, DUI and drug crimes, but usually denied to first offenses involving bodily injury. Denying supervision to speeders without letting a judge consider mitigating factors is a disproportionate penalty which violates the Illinois Constitution, she reasoned.
The Cook County State’s Attorney’s office is appealing the judge’s ruling to the First Appellate District. It remains to be seen whether the law will stand.
If you are charged with DUI or other offense, contact an experienced attorney immediately. An attorney may review your case for your best possible defense. If the police acted improperly, the attorney may be able to petition the court to suppress the evidence from any search. Even if this is not possible and the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.
If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email firstname.lastname@example.org.
(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)