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Jail time for a speeding violation?
Anonymous8 views4 answers
My boyfriend was pulled over and ticketed in Kankakee County for speeding 26 - 34 miles over speed limit. He has been to court with a Public Defender, continuance after continuance, waived his right to a jury trial, and now they found him guilty. He is getting sentenced in a couple of weeks and faces up to 6 months in jail. He asked if he could hire a lawyer and appeal and was told he would be sentenced before an appeal could even go through, so either way he would be facing going to jail. Is there anything we can do between now and sentencing? Is jail time really a possibility for a traffic violation?
I cannot answer your question about what kind of a sentence he might realistically be facing in Kankakee, but I can at least tell you that what the public defender told him about an appeal is correct. An appeal cannot be initiated until after final judgment is entered, and in a criminal case the final judgment is the imposition of sentence.
Yes. In Illinois, speeding over a certain speed is a misdemeanor, which can provide for a jail sentence, as opposed to a petty offense, which cannot provide for jail. He would not have gotten a public defender if he was not facing jail time. He can always hire an attorney to assist him with sentencing and the appeal.
While jail time is a possibility for an aggravated speeding conviction, jail is not the only possible outcome. Your boyfriend has an attorney and his attorney properly informed him that you cannot appeal a disposition that has not yet been decided by the court. The appellate procedure is extremely complicated and your boyfriend would need an attorney if he chooses to go that route. Unless he has a very bad driving record, there is a possibility that he will not be sentenced to jail but that will be up to the judge. Your boyfriend, needs to address all his questions to his attorney and not rely on you to get answers in this online Q&A forum.
When sentenced he can appeal, and can usually delay going to jail while the appeal is pending. He needs to see his public defender and ask about this possibility.
