Cook County Judge: It is unconstitutional to outright deny court supervision on aggravated speeding cases

Cook County Judge: It is unconstitutional to outright deny court supervision on aggravated speeding cases

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A Cook County judge held recently that it violates the Illinois Constitution to categorically denying supervision to someone convicted of driving 40 or more miles per hour over the speed limit violates the proportionate penalties clause of the Illinois Constitution. Judge Deborah J. Gubin ruled that “the prohibition on court supervision for aggravated speeding is an unconstitutional violation of the proportionate penalties clause because it is cruel and degrading,”    According to Washington County lawyer Tom Speedie, Judge Gubin concluded that “mandating a misdemeanor conviction on a first offense, and not allowing a judge to consider mitigating factors, resulting in a non-expungable, permanent (barring a pardon) criminal conviction, with ongoing ramifications in many areas of a person’s life, is cruel and degrading, thus unconstitutional.”

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