How Much Can You Go Over the Speed Limit?

You may wonder, “How much can you go over the speed limit?” Illinois law is clear: any amount—even just 5 MPH over the speed limit—is illegal. If you or a loved one was seriously injured by a speeding motorist, an attorney from our personal injury law firm can help you understand your rights and seek the compensation you deserve.

Illinois Has Laws Against Speeding

In Illinois, it is illegal to exceed the speed limit on any public road, including local streets and highways. Driving more than 26 miles per hour over the speed limit can lead to 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 has the authority to exercise their discretion in speed limit enforcement. 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 driving record rests in the hands of a judge.

Is There a Minimum Speed Limit?

Yes. By Illinois law (625 ILCS 5/), no person should drive so slowly that they block the normal flow of traffic, unless it’s necessary for safety or following the law. There is a minimum speed limit on most roads. Drivers who choose to drive below the minimum speed limit may also be subject to citations and fines.

Do the Police Monitor Some Places More Closely Than Others?

Yes. 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 speed limit in these areas can result in higher fines and serious consequences.

Construction Zones

For example, drivers speeding in construction zones face a minimum $375 fine. Repeat violations can lead to higher fines and driver’s license suspension, according to the Illinois Department of Transportation (IDOT).

School Zones

Exceeding speed limits other than interstate highways—like in school zones—is considered reckless driving and a serious offense. Illinois law 625 ILCS 5/11-605 states drivers cannot exceed 20 MPH in school zones from 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 circumstance. 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 these cases, the court monitors your record for traffic violations (like excessive vehicle speed) to ensure accountability. It’s similar to probation but can lead to dismissal of your case. Plus, you don’t need to meet 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 this example. 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, even though you were 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

If you or a loved one has been seriously injured by a speeding driver, contact us to explore your legal options and possible compensation.

We offer a free consultation to discuss speeding-related accidents. This is our chance to evaluate your situation, provide guidance, and answer your questions at no cost.