Most speeding violations in Illinois are considered petty offenses that result in a traffic ticket and a fine. However, when a driver significantly exceeds the posted speed limit, the offense can become a criminal matter. Under Illinois law, aggravated speeding, also known as excessive speeding, is a misdemeanor offense that may lead to fines, court appearances, a criminal record, and even a jail sentence in some cases.
If you have been charged with aggravated speeding in Illinois, understanding the potential consequences and your legal options is important. An experienced traffic attorney may be able to help protect your driving record and seek a favorable resolution to your case.
What Counts as Aggravated Speeding Under Illinois Law?
Aggravated speeding is governed by the Illinois Vehicle Code under the Illinois Aggravated or Excessive Speeding statute, 625 ILCS 5/11-601.5. While most speeding offenses are considered petty speeding violations, driving well above the speed limit can result in criminal charges.
Under Illinois law:
- Driving 26 mph to 34 mph over the speed limit is a Class B misdemeanor.
- Driving 35 mph or more over the speed limit is a Class A misdemeanor.
For example, traveling 81 mph in a 55 mph zone would be considered speeding 26 mph over the limit and may result in a Class B misdemeanor charge. Likewise, driving 90 mph in a 55 mph zone could lead to a Class A misdemeanor charge for speeding 35 mph or more above the posted limit.
These offenses are often referred to as aggravated speeding, excessive speeding, or criminal speeding because they are treated differently from standard traffic tickets.
Learn More: How to Contest a Traffic Ticket
Is Aggravated Speeding a Criminal Offense?
Yes. Unlike a typical speeding ticket, aggravated speeding is a criminal offense under Illinois law.
A conviction may become part of your criminal record and public driving record. In addition to paying fines and court costs, you may be required to attend traffic court and appear before a judge. Depending on the circumstances, prosecutors may pursue criminal charges that carry penalties beyond those associated with ordinary traffic violations.
Although many first-time offenders are able to avoid the harshest penalties, aggravated speeding should never be treated as a routine traffic matter. Because it is a misdemeanor offense, the outcome can have long-term consequences for your driving record, insurance premiums, and future employment opportunities.
Penalties for Aggravated Speeding in Illinois
The penalties for aggravated speeding depend on how far above the speed limit a driver was traveling.
Class B Misdemeanor: Speeding 26 to 34 MPH Over the Limit
Drivers charged with traveling between 26 mph and 34 mph over the posted speed limit may face a Class B misdemeanor.
Potential penalties include:
- Up to 6 months in jail
- Fines of up to $1,500
- Court costs and assessments
- Traffic safety school or driver improvement courses
- A permanent criminal conviction if found guilty
Class A Misdemeanor: Speeding 35 MPH or More Over the Limit
Speeding 35 mph or more above the posted speed limit is a Class A misdemeanor, which is the most serious misdemeanor classification under Illinois traffic laws.
Potential penalties include:
- Up to 12 months in jail
- Fines of up to $2,500
- Court assessments and additional fees
- Community service requirements
- Traffic safety classes
- A criminal record upon conviction
The actual penalty imposed will depend on factors such as the driver’s history, prior moving violations, and the circumstances surrounding the offense.
Can You Go to Jail for Aggravated Speeding?
One of the most common questions drivers ask is whether an aggravated speeding charge can result in jail time.
The short answer is yes. Both Class B misdemeanors and Class A misdemeanors carry the possibility of a jail sentence. However, incarceration is not automatic.
Judges often consider factors such as:
- The driver’s prior driving record
- Whether the offense occurred in a construction zone or a school zone
- The driver’s level of cooperation with police officers
- Whether the conduct created a danger to other motorists
- Any prior criminal charges or traffic offenses
In many first-offense cases, alternatives such as court supervision, traffic school, community service, or other negotiated outcomes may be available. However, every case is different, and the possibility of jail time increases when aggravating circumstances are present.
Can You Get Court Supervision for an Aggravated Speeding Ticket?
Court supervision is often one of the most desirable outcomes in an aggravated speeding case.
When a driver successfully completes a period of court supervision, the case may be resolved without a conviction appearing on the individual’s public driving record. This can help minimize the impact on insurance rates and avoid some of the consequences associated with a criminal conviction.
Whether court supervision is available depends on several factors, including:
- The driver’s prior record
- The specific speeding offense charged
- The facts of the case
- The judge’s discretion
In some situations, a judge may require a driver to complete traffic safety school, a driver improvement course, or community service as part of a supervision sentence.
How an Aggravated Speeding Conviction Can Affect Your Driver’s License
An aggravated speeding conviction can impact more than just your court case. In addition to fines and other penalties, it may affect your driving privileges and insurance costs.
The Illinois Secretary of State maintains records of moving violations and traffic convictions. Depending on your driving history and the number of prior offenses on your record, an aggravated speeding conviction could contribute to a license suspension. Drivers under 21 generally face stricter consequences for multiple traffic violations.
Insurance companies also view aggravated speeding as a serious traffic violation. A conviction may lead to higher insurance rates, increased insurance premiums, or difficulty obtaining coverage.
If your license is suspended, you may need to complete certain requirements, pay fees, and submit reinstatement documents to the Illinois Secretary of State before your driving privileges can be restored.
Aggravated Speeding in School Zones and Construction Zones
Illinois traffic laws impose enhanced penalties for certain speeding offenses committed in sensitive areas such as school zones and construction zones.
Speeding in a School Zone
Speeding in a school zone is treated particularly seriously because of the potential risk to children and pedestrians. Even when a speeding violation does not rise to the level of aggravated speeding, drivers may face substantial fines and other penalties.
If a driver is charged with aggravated speeding in a school zone, prosecutors and judges may consider the location of the offense when determining an appropriate sentence.
Construction Zone Violations
Construction zones present unique hazards due to the presence of road workers, reduced lane widths, and changing traffic patterns. As a result, speeding offenses committed in active construction zones can carry significant consequences.
Drivers accused of aggravated speeding in a construction zone may face increased scrutiny from the court, particularly when the alleged conduct created a danger to workers or other motorists.
Whether the offense occurs in urban areas, the Chicago area, along the I-55 corridor, on interstate I-94, or on rural interstates, courts generally take allegations involving work zones seriously.
Defenses to an Aggravated Speeding Charge
Being charged with aggravated speeding does not automatically mean you will be convicted. Depending on the facts of the case, several defenses may be available.
Potential defenses include:
Challenging the Speed Measurement
Police officers often rely on technology such as a radar gun or other speed detection devices to determine a vehicle’s speed. In some situations, the accuracy, calibration, maintenance, or operation of the equipment may be questioned.
Challenging the Officer’s Observations
A defense attorney may review the circumstances surrounding the traffic stop to determine whether mistakes were made during traffic enforcement or whether the evidence supports the alleged speed.
Negotiating a Favorable Resolution
Not every case proceeds to trial. In some situations, a defense attorney may be able to negotiate a plea agreement that reduces the severity of the charges or helps a driver obtain court supervision.
The availability of any defense will depend on the facts of the individual case, making it important to have experienced legal representation review the evidence.
Why Hire a Chicago Traffic Attorney for an Aggravated Speeding Case?
Because aggravated speeding is a criminal offense rather than a simple traffic ticket, it is important to take the charge seriously.
An experienced traffic ticket defense lawyer can:
- Review the evidence against you
- Identify potential defenses
- Represent you during your court appearance
- Negotiate with prosecutors when appropriate
- Seek court supervision or other favorable outcomes
- Help protect your driving record and driver’s license
At Chicago Traffic Lawyers, we represent drivers charged with aggravated speeding and other Traffic Tickets throughout Cook County, DuPage County, Lake County, Kane County, Kendall counties, and the surrounding Chicago suburbs. Our traffic attorneys understand the procedures used in Illinois traffic courts and can help clients navigate the legal process from start to finish.
Contact Chicago Traffic Lawyers for a Free Consultation
An aggravated speeding charge can lead to criminal charges, a criminal record, higher insurance premiums, and potential driver’s license consequences. The sooner you understand your options, the better positioned you may be to protect your future.
If you have been charged with aggravated speeding, contact Chicago Traffic Lawyers today for a free consultation at (773) 888-0365. Our attorneys represent drivers throughout Cook County, DuPage County, Lake County, Kane County, Kendall County, and communities across the Chicago area. We can review your case, explain your options, and help you pursue the best possible outcome.
Frequently Asked Questions
What speed is considered aggravated speeding in Illinois?
Under Illinois law, aggravated speeding occurs when a driver exceeds the posted speed limit by 26 mph or more. Driving 26-34 mph over the limit is a Class B misdemeanor, while driving 35 mph or more over the limit is a Class A misdemeanor.
Can you go to jail for aggravated speeding in Illinois?
Yes. Aggravated speeding is a criminal offense that carries the possibility of jail time. However, many first-time offenders may be eligible for alternatives such as court supervision, traffic school, or community service.
Will an aggravated speeding conviction affect my driver’s license?
It can. An aggravated speeding conviction may negatively impact your driving record and could contribute to a license suspension, particularly for drivers with prior traffic violations.
Can a lawyer help with an aggravated speeding ticket?
Yes. A traffic attorney can evaluate the evidence, identify potential defenses, negotiate with prosecutors, and seek outcomes such as court supervision or reduced charges when appropriate.
