Elements of the Offense of Speeding in a School Zone

Elements of the Offense of Speeding in a School Zone

The Illinois speeding in a school zone law states that a driver is permitted to drive no faster than 20 miles per hour in a school zone during a school day.²

According to this law, there are a number of factors required to be in effect for the 20 mile per hour school zone speed limit to apply.

The day of the week must be a school day. Also, school children must be present and "so close thereto that a potential hazard exists because of the close proximity of the motorized traffic."

On school days, the maximum school zone speed limit is in effect between 6:30 a.m. and 4 p.m.

Signs must be posted on the streets that advise drivers they are approaching a school zone, they are in a school zone, and of the maximum speed limit in effect during school days when children are present.³

The Presumption of Innocence and Right to Trial

The Presumption of Innocence and Right to Trial

If, as has been stated, a school zone speeding ticket does not allow for court supervision and carries a mandatory conviction, does that mean a driver issued this kind of ticket automatically will be convicted of the charge in court?

No.

This is because any driver issued a ticket for speeding in a school zone is presumed innocent of the alleged offense and has the right to a trial.

If the ticket proceeded to trial, the burden of proof is on the prosecution.

This means the prosecution would be required to prove that all of the different elements that define speeding in a school zone existed in the case: that the accused was driving in a properly-marked school zone, on a school day, during school hours, and that their speed exceeded 20 miles per hour.

If the prosecution failed to meet its burden of proof at trial, then that would lead to a not-guilty verdict and to an acquittal on and dismissal of the charge.

Alternatively, if the prosecution did meet its burden at trial and that resulted in a guilty finding, it's at that point where the court's only option in imposing a sentence on the charge would be to enter a conviction against the driver.

The Place of Negotiating for Better Outcomes

The Place of Negotiating for Better Outcomes

Having worked on Lake County school zone speeding tickets for more than 25 years, as an attorney I know that in these cases trial generally is not the only option in trying to resolve the charge.

If the driver has a good driving record, and/or if there are factual or legal issues in the case that are in dispute between the prosecution and the defense, sometimes outcomes that totally avoid a conviction for any charge may be achieved by negotiation.

In this scenario, the prosecution may agree to amend the charge to something else; perhaps, to amend the charge to a regular speeding ticket. And, as it may be recalled, a regular speeding ticket, generally, does not prohibit a disposition of court supervision.

When such an amendment is pursued and achieved by the defense, the prosecution may seek a fine, court costs, and often either online or in-person traffic safety school.

In certain cases, this kind of amendment, and with a disposition of court supervision, may be viewed as a beneficial outcome given the risks of trial.

What is Court Supervision?

What is Court Supervision?

Court supervision on an Illinois traffic ticket is a type of disposition where a driver is found guilty of the charge, ordered to fulfill certain conditions, but is not actually convicted of the offense. A driver's successful completion of the court supervision period leads to a dismissal of the charge.⁴

Dispositions of court supervision generally are recorded on the private and confidential portion of an Illinois driving record and generally are not available to insurance.⁵

However, failure to fulfill the requirements of court supervision will lead to a revocation of court supervision, causing a conviction to occur.

The Role of the Office of the Illinois Secretary of State

The Office of the Illinois Secretary of State maintains the driving records of all Illinois drivers licensees.

Whether an Illinois licensee receives court supervision for or is convicted of a moving violation, in both situations the Office of the Illinois Secretary of State will learn of the result.

Circumstances when the Office of the Illinois Secretary of State will not learn about a traffic ticket charging a moving violation include when the charge is dismissed either before or after trial. Speeding in a school zone is a moving violation offense.

Aggravated Speeding in a School Zone

Aggravated Speeding in a School Zone

If a driver is charged with a Lake County, Illinois school zone speeding ticket, as long as the speed that is alleged is 45 miles per hour or less in the 20 mile per hour school speed zone, the ticket will remain a petty offense allegation.

If, however, the ticket alleges the driver was going 46 or more miles per hour in the 20 mile per hour school speed zone, no longer is the ticket charged as a petty offense but instead is charged as a misdemeanor.

Speeding 26 or more miles per hour over the 20 mile per hour school zone speed limit is known as "aggravated speeding in a school zone." Illinois law very formally calls this "aggravated special speed limit while passing schools."⁶

There are two levels of aggravated school zone speeding tickets: class B and class A misdemeanors.

A class B aggravated school zone speeding ticket alleges speeding between 26 and 34 miles per hour over the 20 mile per hour school zone speed limit. Potential penalties for this type of ticket include a fine of up to $1500 plus statutory assessments and up to 180 days in jail.

A class A aggravated school zone speeding ticket alleges speeding 35 or more miles per hour over the 20 mile per hour school zone speed limit. Potential penalties for this type of ticket include a fine of up to $2500 plus statutory assessments and up to 364 days in jail.

I defend aggravated speeding in a school zone tickets at all of the Lake County, Illinois traffic courts. I have more than twenty-five years of experience with Lake County misdemeanor speeding tickets, and would be happy to consult with you about your case.

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Statutory Sources:

1. 730 ILCS 5/5-6-1(f).   2. 625 ILCS 5/11-605(a)(3).   3. 625 ILCS 5/11-605(a)(3).   4. 730 ILCS 5/5-1-21.   5. 625 ILCS 5/6-204.   6. 625 ILCS 5/11-605(e-5).

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