Written by Ann Marie Lampariello-Perez

On January 1, 2016, the Illinois Motor Vehicle Code was amended to allow a disposition of court supervision for first-time offenders who are charged with aggravated speeding (26 -34 mph over the limit or 35 or more mph over the limit). 

Under the prior law, a disposition of court supervision was not allowed under any circumstances.   Speeding 26-34 mph over the limit was classified as a Class B misdemeanor.  And, speeding 35 mph or more was classified as a Class A misdemeanor.  Unlike other Class B and Class A misdemeanors (e.g. DUI, retail theft, battery and reckless driving), aggravated speeding was not considered eligible for a disposition of court supervision which allows a person the ability to successfully complete the term of the sentence and then have the charges against him or her to be discharged and dismissed.  730 ILCS 5/5-1-21.

Now with the changes in the law, a person charged with aggravated speeding for the first time is eligible for a disposition of court supervision unless the speeding occurred in a construction zone or an “urban” district.  A sentence of court supervision is not a conviction and, effectually, becomes a continuance until the conclusion of the term of the sentence.

In general, a person is eligible for court supervision twice within a year; however, in this situation, it appears to be a one-time authorization meaning that you can only receive court supervision for aggravated speeding once in a lifetime.

Be careful driving.  Speed can kill even if you are entitled to a disposition of court supervision.

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