Chicago DUI lawyer comments on legislation that makes high speeding a crime with harsher punishment than simple drug possession

This Chicago DUI lawyer has posted here and here about your state legislators considering taking away choices from judges when it comes to people accused of going more than 40 miles over the posted speed limit. Well, it now simply awaits the governor’s signature.

April 23, Springfield, Il

Big-time speeders would face tougher penalties in court, and red-light camera tickets would be a little more difficult to get if legislation the Illinois House sent Gov. Pat Quinn on Friday becomes law.

The speeding measure would prevent a driver from getting court supervision if found guilty of going 40 mph or more faster than the speed limit. Supervision is a form of probation that allows a person to wipe a violation off of his driving record if he doesn't get another ticket for a specified number of months.

The approval comes after the Tribune last month published an analysis of state police tickets, license data and court records showing that since 2006, Chicagoland courts have given supervision to nearly two-thirds of those found guilty of driving 100 mph or faster.

Secretary of State Jesse White, Rep. John D'Amico and others viewed that as a slap on the wrist for driving way too fast.

The legislation went to the governor's desk on a vote of 105-3. Opponents included Rep. Careen Gordon, D-Coal City, a former prosecutor.

"This is a knee-jerk reaction to some very limited circumstances that maybe certain newspapers have completely blown out of proportion," Gordon said.

Again, I don’t know if the reporters have the law wrong or the legislators but the law is already adequate to address this particular offense. It’s an aggravated speeder.

Aggravated Speeding is a Class A misdemeanor. It’s in the same class of offenses as a DUI. Upon a conviction, it carries a maximum penalty of 364 days in jail. How on earth is that a “slap on the wrist”?

(625 ILCS 5/11 601.5)
Sec. 11 601.5. Driving 40 miles per hour or more in excess of applicable limit. A person who drives a vehicle upon any highway of this State at a speed that is 40 miles per hour or more in excess of the applicable maximum speed limit established under this Chapter or a local ordinance commits a Class A misdemeanor.

I smell a rat, because right now you can still get court supervision on a Class A misdemeanor DUI. I wonder how long it will be before they try to change that law?