Is Going 5 MPH Over the Speed Limit Legal?

You may wonder, “Is going 5 MPH over the speed limit legal?” Going any amount over the posted speed limit is illegal—even if it’s only 5 miles per hour (MPH). If you were injured by a motorist who was speeding, even if it was just by a small margin over the speed limit, you still have rights.

Working with an attorney could greatly benefit your case. An experienced traffic lawyer from The Kryder Law Group, LLC Accident and Injury Lawyers can help you understand what your legal rights are and how to get the compensation you deserve.

Illinois Has Laws Against Speeding

According to Illinois speeding laws, it’s illegal for a driver to speed in any public place, including on local streets and highways. According to the state of Illinois, exceeding the speed limit by more than 26 miles could result in a Class B misdemeanor charge.

But what happens if you’re only going five miles over the speed limit?

In this scenario, the responding law enforcement officer holds the authority to exercise their discretion. If a police officer issues a speeding ticket, you have the opportunity to challenge it in court. Ultimately, the decision of whether the speeding violation will be retained on your record rests in the hands of a judge.

Police Monitor Some Places More Closely Than Others

Police officers keep a closer watch on locations such as construction zones, work zones, school zones, specific areas during school days, and even rural areas. Exceeding the designated speed limit in these areas may lead to receiving speeding tickets accompanied by significantly higher fines and potentially more serious repercussions.

Constructions Zones

For instance, when a driver exceeds the designated speed limit within a construction area, they may face a minimum fine of $375. Further violations could result in even heftier fines and possibly license suspension, per the Illinois Department of Transportation (IDOT).

School Zones

Similarly, exceeding speed limits in places other than interstate highways, such as school zones, is designated as reckless driving and constitutes a grave offense. Illinois law 625 ILCS 5/11-605 states that drivers cannot exceed 20 mph in any school zone between the hours of 7 a.m. to 4 p.m.

Do Some Situations Allow Speeding?

There are no specific laws in Illinois that permit speeding under any particular circumstances. However, according to the Illinois State Bar Association (ISBA), this consideration may be relevant in cases where a crime is charged. Instead of issuing a “guilty” verdict, the judge may opt for an alternative approach by ordering supervision.

In such instances, the court system monitors your record for any additional traffic violations, ensuring accountability and adherence to the law. This is similar to probation, with the key difference being that it has the potential to lead to the ultimate dismissal of your case. Additionally, you are not obligated to have regular meetings with a probation officer.

How Does Illinois View Negligence?

The state of Illinois operates on a contributory negligence statute (735 ILCS 5/2-1116). If you primarily caused an accident, you could be responsible for any resulting damages. But driving higher than the maximum speed limit does not automatically make you liable for an accident.

Let’s consider the following scenario. You were exceeding the posted speed limits by 5 miles per hour when your vehicle collided with another motor vehicle on the road. Perhaps the individual in question was distracted with texting and failed to stop at a red light. In this particular scenario, despite your driving the speeding vehicle, the primary negligence could be attributed to them instead.

Call the Attorneys at The Kryder Law Group, LLC Accident and Injury Lawyers Today

For trusted legal assistance with speeding-related accidents, contact The Kryder Law Group, LLC Accident and Injury Lawyers to explore your legal options and possible compensation.

Free Consultation

We are happy to provide a free consultation at our law firm to discuss the details of your potential personal injury case. There is no charge for this consultation, and it is our opportunity to thoroughly evaluate your situation and offer guidance.