This Chicago DUI lawyer is surprised that state legislators are more concerned with an individual speeding than an individual with drugs or charged with a violent crime. The other day the local media noted that those folks travelling more than 40 miles over the legal limit shouldn’t be entitled to court supervision, even though the charge of Aggravated Speeding is currently a Class A misdemeanor punished by a maximum penalty of 364 days in the county jail and fines up to 2500 just like a DUI.
A proposal to toughen punishment for extreme speeders passed a key legislative hurdle Monday, while also reopening the debate about how much leeway judges should have when sentencing defendants.From HB6463:
A Tribune investigation, published Sunday, found that since 2006, Chicago-area courts have given a special probation to nearly two-thirds of speeders going 100 mph or faster. The probation, called court supervision, keeps the tickets off offenders' driving records. It was given to people caught driving that fast while drunk as well as to drivers cited repeatedly at that speed.
In response to the Tribune's findings, state Rep. John D'Amico, D-Chicago, drafted legislation to ban judges from granting court supervision to anyone found guilty of driving 40 mph over the speed limit or faster. A House committee voted 5-0 to move it to the full House for a vote.
"A person (driving that fast) becomes a missile," said Republican Rep. Dennis Reboletti, of Elmhurst, who voted for the bill. "They make a projectile."
"When you're going 40 mph over the speed limit, you're really being reckless and you're putting the lives of innocent people in your hands," D'Amico said. "They should not be allowed to get supervision."
730 ILCS 5/5-6-1At the very end of House Bill 6463 is where you find the amendment that throws speeders under the bus:
(c) The court may, upon a plea of guilty or a stipulation
by the defendant of the facts supporting the charge or a
finding of guilt, defer further proceedings and the imposition
of a sentence, and enter an order for supervision of the
defendant, if the defendant is not charged with: (i) a Class A
misdemeanor, as defined by the following provisions of the
Criminal Code of 1961: Sections 11-9.1; 12-3.2; 12-15; 26-5;
31-1; 31-6; 31-7; subsections (b) and (c) of Section 21-1;
paragraph (1) through (5), (8), (10), and (11) of subsection
(a) of Section 24-1; (ii) a Class A misdemeanor violation of
Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals
Act; or (iii) a felony.
Section 1-129.1 of the Illinois Vehicle Code.Section 11-601.5 of the Illinois Vehicle Code applies to Aggravated Speeders.
(p) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 11-601.5 of the
Illinois Vehicle Code or a similar provision of a local
What is it about speeding that makes it so heinous compared to selling or using drugs or beating someone up or stealing? Is this the type of legislation you want them to focus on in Springfield?