Speeding Tickets in Illinois
Fighting a Speeding Ticket in Illinois
Illinois Points – Fines – Reciprocity and Other Issues
A state usually has two types of speed laws. There is the presumed speed law and the absolute speed law. The presumed speed limit of a state focuses on whether the speed is safe based on the road and weather conditions. It also considers if any special hazards were present at the time of the traffic violation. In contrast, the absolute speed limit is the speed limit which is posted on the sign on the road. The absolute speed limit is the maximum speed limit a motorist can travel. Going even one mile per hour over the absolute speed limit is considered in violation of the law, which is considered a strict liability crime. This means it does not matter that a driver did not intend to speed, they are still in violation. Both the presumed and absolute speed limits must be followed by the motorist.
The Illinois presumed speed limit law reads as follows, “No vehicle may be driven upon any highway of this state at a speed which is greater than is reasonable and proper with regard to traffic conditions and the use of the highway, or endangers the safety of any person or property.” Additionally, state law demands that a driver must decrease speed when it is reasonable and proper due to the road conditions or when there is a “special hazard,” such as weather or other special circumstances. Thus, a motorist could be driving under the posted speed limit and still be ticketed because they were not driving at a reasonable and proper speed with regard to the circumstances.
A motorist must also be alert not to exceed the absolute speed limit in the state. Illinois posted speed limit varies on where you are driving within the state, i.e. the type of road or urban or rural district. The maximum speed limits include:
- 65 miles per hour on highways under the Illinois State Toll Authority, and highways with a least 4 lanes of separated traffic
- 55 miles per hour in all other highways, roads, streets outside an urban district (for any vehicle under 8,000 pounds)
- 20 miles per hour in any school zone, when school is in session and a school day is considered 7am -4pm
- 15 miles per hour in an alley
Lower Speed Limit for Second Division Vehicles in IllinoisSpeed limits vary if the vehicle if in the category of a “second division vehicle.” A second division vehicle is sometimes called commercial vehicle but is defined by statute as a vehicle weighing or carrying 8,001 pounds or more. Speed exceptions for second division vehicles are:
- Second division vehicles have a maximum speed limit of 55 miles per hour outside urban districts in the counties of Cook, DuPage, Kane, Lake, McHenry, and Will
- Outside the counties of Cook, DuPage, Kane, Lake, McHenry, and Will, the maximum speed limit outside an urban district for a second division vehicle is 65 miles per hour for an interstate highway and 55 miles per hour on any other highway, road, or street
Minimum Speed Limits in Illinois
The state or a local authority may also determine a “minimum speed limit” when appropriate. In general, a person may not drive so slow as to “impede or block the normal and reasonable movement of traffic” unless when it is necessary for safety reasons or compliance with the law.
Exceeding Speed Limit to Pass in Illinois
It is not allowed by the law for a driver to temporarily exceed the speed limit to pass a motor vehicle that is traveling below the speed limit or the minimum speed limit.