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In Illinois, driving 26 mph or more above the posted speed limit is more than a simple traffic ticket—it’s a criminal offense, commonly called aggravated speeding. This offense may carry serious implications, including potential jail time, license suspension, and a lasting impact on your record. At The Davis Law Group, P.C., we often receive questions about aggravated speeding in Illinois and the consequences it brings. Here are answers to some of the most common concerns.

Can You Be Arrested for Speeding in Illinois?

Yes. In Illinois, speeding 26 mph or more over the posted speed limit is classified as a misdemeanor, a criminal offense that can result in arrest. Depending on the law enforcement agency and the specific officer’s discretion, you may either receive a ticket with a required court appearance or be arrested on the spot. The officer may take you to the police station for processing before release.

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As of July 1, 2024, a significant change in Illinois law now allows non-citizen residents, including undocumented immigrants, to obtain a standard driver’s license. This change offers new opportunities for many individuals who previously faced barriers to driving legally. Here’s what you need to know about this new development and how the driver’s license attorneys at The Davis Law Group, P.C. can assist you in navigating these changes.

Key Changes to Illinois Driver’s License Law

Under the new law, undocumented immigrants who do not have a Social Security number are eligible to apply for a driver’s license. To qualify for a driver’s license, applicants must:

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Being arrested for DUI or charged with a traffic offense in Lake County, Illinois, can be a daunting experience. However, knowing the right steps to take can make a significant difference in the outcome of your case. Here’s a comprehensive guide on what to do if you find yourself in this situation:

Stay Calm and Compliant During the Traffic Stop:

1. Pull Over Safely: When you see the police lights, pull over safely to the side of the road.

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When calculating the true cost of an Illinois DUI, you must consider both the financial and more importantly, the non-financial costs associated with a DUI arrest.

Financial Cost of a DUI

The financial costs of a DUI can be substantial. Most DUIs are charged as Class A misdemeanors, which carry a fine of up to $2,500.00 plus mandatory court costs and assessments. Court costs and assessments, which are set by law and which the judge has no control over, are approximately $1,400.00. Additionally, there are also expenses associated with the following*:

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The Illinois laws governing teen driver’s licenses and traffic tickets can be confusing for teens and parents alike. The Illinois Secretary of State operates a Graduated Driver Licensing (GDL) Program for teen drivers. Different laws apply depending on the age of the driver, which can be found under 625 ILCS 5/6-107. Below is a breakdown of the current laws that apply to teenage drivers in Illinois and the consequences of traffic tickets.

Age 15 Driver Rules (Instruction Permit Stage)

During the Instruction Permit Stage the teen driver:

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When you receive a traffic ticket in Chicago, simply paying it and moving on may seem like the easiest option. However, it’s important to remember that when you pay a traffic ticket you are pleading guilty and likely receiving a conviction against your record. In many cases, you are actually better off hiring an experienced attorney to explore other options such as fighting your ticket. Some consequences of paying your citation include:

  • Multiple moving violations can lead to a suspended or revoked license.
  • Traffic tickets can cause increases in your insurance premiums.
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The Illinois Secretary of State can suspend or revoke your driver’s license for a variety of reasons. A license suspension lasts for a set period of time. After it ends, you can automatically regain your driving privileges after paying a reinstatement fee to the Secretary of State. Depending on the reason(s) for the suspension, there may be additional conditions before full license reinstatement such as completion of a remedial driving course.

In contrast, a license revocation lasts for a minimum of 1 year or longer depending on the violation that caused the revocation and your overall record of previous violations. On or after the termination date of your revocation, which is called your “projected eligibility date”, you will need to appear for a hearing before the Secretary of State in order to regain any driving privileges. These hearings can be complex and often result in a denial.

It should also be noted that you may be eligible to apply for a restricted driving permit during the period of suspension or revocation. In certain cases, regardless of your projected eligibility date for full reinstatement, you may be required to drive on a breath alcohol ignition interlock device (“BAIID”) for a period of 1-5 years before being eligible to be considered for unrestricted driving.   

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In Illinois, the law does not specifically require that a police officer show the radar to the driver in order to prove the speed alleged, even if the driver requests to see it. Many drivers believe that this requirement exists and that the failure to do so is a reason to have the speeding ticket dismissed. Unfortunately, that is not the case.

Officer’s Choice to Show the Radar Gun

Occasionally, an officer will agree to show the driver the radar device in order to build trust with the driver, but the failure to do so is not a defense against a charge of speeding. Many police officers argue that allowing a driver to walk back to their squad vehicle to view the radar is a safety risk for both officers and drivers.

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A conviction for a traffic ticket resulting from an accident, which caused personal injury or death, may result in the suspension or revocation of your Illinois driver’s license. 

We often receive requests for help from drivers who have been involved in personal injury or fatal accidents and, as a result of being convicted of a minor moving violation, have unexpectedly received a notice of suspension or revocation of their driver’s license from the Illinois Secretary of State.

In many of these cases, these drivers were assured by the court, a prosecutor or even their own attorney that by pleading guilty they would suffer no further legal consequences. However, under Section 625 ILCS 5/6-204(a)(4) of the Illinois Vehicle Code and Chapter 92, Section 1040.46 of the Illinois Administrative Code, a conviction for even a minor moving violation which is the cause of a personal injury or death may result in the suspension or revocation of your driver’s license and privileges.

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