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Legally, a
police officer cannot pull over your car without some reason. 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 some kind of probable cause.
And
speeding can give the officer just the starting point he or she needs to arrest
you for something else.
In Illinois, speeding more than
31
miles over the limit was recently made a Class B Misdemeanor, punishable by up
to six months in jail and a $1,500 fine.
Speeding more than 40 miles over the limit became a Class A Misdemeanor,
punishable by up to one year in jail and a $2,500 fine.[i] 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 a police officer the opportunity
to look for evidence of other crimes. Did
you have a few drinks? A stop for speeding now turns into a DUI. Were there some marijuana
seeds or white
powder on the floor of your car? If they
were in plain view, you’re looking at drug possession. And once you’re arrested
for that, anything
else they 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 have been drinking,
stay
away from the steering wheel. But if you
are stopped and charged with speeding and/or another crime, you should consult
an experienced criminal law attorney immediately. An attorney can evaluate your case to
develop
the best possible strategy for our defense.
If police mishandled the stop, an attorney can bring a motion to have
the entire case thrown out.
Do not talk to the police or
anyone
else about your situation. We have seen
clients explain themselves into a conviction.
You do have a right to refuse the breathalyzer and field sobriety tests,
although the Secretary of State will suspend your license for a greater period
of time if you do.
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.
(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.)
[i] See Illinois
Compiled
Statutes 625 ILCS 5/11-601.5 http://www.ilga.gov/legislation/ilcs/ilcs4.asp?Do
cName=062500050HCh%2E+11+Art%2E+VI&ActID=1815&ChapterID=49&SeqStart=111100000&SeqEnd
=112600000.)
