Published by The Davis Law Group, P.C.
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.
Can You Go to Jail for Aggravated Speeding?
Yes, technically, aggravated speeding carries the risk of jail time. Speeds of 26-34 mph over the limit are classified as a Class B misdemeanor, punishable by up to six months in jail. Driving 35 mph or more over the speed limit is a Class A misdemeanor, which can lead to up to 12 months in jail. While most aggravated speeding cases do not result in jail, the possibility cannot be overlooked.
Is Aggravated Speeding the Same as Reckless Driving?
Aggravated speeding and reckless driving are distinct offenses. While reckless driving may involve excessive speed, they are classified differently. Both are charged as Class A misdemeanors with similar potential penalties, but reckless driving often implies a greater degree of endangerment. Aggravated speeding falls under Illinois Vehicle Code 625 ILCS 5/11-601.5, while reckless driving is covered by 625 ILCS 5/11-503.
Will My License Be Suspended for Aggravated Speeding?
Convictions for aggravated speeding are considered moving violations, which means they count toward the potential suspension of your driver’s license. A single conviction, however, does not automatically trigger a suspension unless there have been multiple moving violations in the past 12 months (or 24 months if you’re under 21).
Should I Hire an Attorney for Aggravated Speeding?
Given the serious nature of aggravated speeding, hiring an experienced traffic ticket attorney is highly recommended. A conviction could result in jail time, fines, license suspension, and a permanent mark on your criminal record. An attorney experienced in aggravated speeding cases can help navigate the legal process, potentially reducing or even eliminating penalties.
Can I Receive Court Supervision?
A sentence of court supervision may be imposed for aggravated speeding in most scenarios. Aggravated speeding cases that occur in a construction zone or school zone are not eligible for court supervision.
Court supervision prevents a conviction on your public driving record (so long as you do not possess a CDL) and may require completion of certain conditions such as traffic safety school, community service and payment of fines and court assessments. Of course, your sentence is ultimately at the discretion of the judge. Your attorney will typically attempt to negotiate an agreement with the prosecutor in advance of sentencing.
Get Experienced Representation
At The Davis Law Group, P.C., our traffic attorneys have extensive experience defending clients in aggravated speeding cases across the Chicago area, including Cook County, Lake County, and DuPage County. Contact us today at (847) 390-8500 for a free consultation and learn how we can help protect your rights and your record.