Legally, a police officer cannot pull you over without justification. This can come in the form of community caretaking, such as when the officer sees you sleeping in your car and checks to see if you are OK. Otherwise, the officer has to have probable cause. Your speeding can open the door to finding evidence of more serious offenses.
In Illinois, speeding more than 26 miles over the limit is a Class B Misdemeanor, punishable by up to six months in jail. Speeding 35 or more miles over the limit is a Class A Misdemeanor, punishable by up to one year in jail. Too many tickets in too short a time, and you can lose your license.
But besides dealing with what is now a potential misdemeanor, speeding can give police the opportunity to look for evidence of other crimes. Did you have a few drinks? A stop for speeding may now turn into a DUI. Was there a weapon or illegal substance on the floor of your car? If they were in plain view, you’re looking at a possible gun or narcotics offense. And once you’re arrested for that, anything else police find in the car could be used against you.
Of course, you can be stopped for other traffic ticket offenses or moving violations besides speeding. “Improper lane usage” is a rather vague term that gives an officer the wedge he or she needs to pull you over.
If you are charged with speeding, DUI or other offense, consult an experienced attorney immediately. An attorney can evaluate your case for your best possible defense. Did a police search go farther than the law allows? An attorney can petition the court to suppress any evidence that was illegally collected. Can the state prove all the elements of the offense beyond a reasonable doubt? Speeding doesn’t necessarily prove intoxicated driving. Were there passengers in your car? Perhaps the illegal weapon belonged to one of them? Even if police acted lawfully 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 criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com
Source:
Illinois Compiled Statute 625 ILCS 5/11-601.5
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Illinois Jurisprudence: Criminal Law and Procedure. Vol. 1. (LexisNexis 2014).
Illinois Jurisprudence: Criminal Law and Procedure. Vol. 1. (LexisNexis 2014).