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What is Aggravated Speeding in Illinois?

Updated on March 15, 2023 → Under

Although speeding may seem like a victimless crime, nothing is further from the truth. The National Highway Traffic Safety Administration reports that 9,378 people were killed because of speed-related traffic crashes in 2018. Every year millions of people receive traffic citations for speeding. However, there are certain instances where speeding becomes more than just a traffic ticket and you may be subject to jail time. In Illinois, aggravated speeding is a crime that results in misdemeanor criminal charges against you.

If you're facing an aggravated speeding criminal charge in Illinois, the criminal defense attorneys at Dohman Law Group have represented thousands of clients facing misdemeanor speeding tickets in Cook County, Lake County, DuPage County, Kane County, and throughout Illinois and we can help you too. Aggravated speeding is speeding 26 miles per hour or more over the posted speed limit, this is also known as excessive speeding. Our Rolling Meadows traffic attorneyss have worked on hundreds of cases under the old and new speeding laws and we're up-to-date on all current developments. To schedule a free, no-obligation consultation, contact our criminal defense law firm today at (847) 616-9993, or chat with us online to learn how we can help.

What are the Potential Penalties for Aggravated Speeding in Illinois?

The potential criminal penalties for speeding depend on the speed itself. A Petty speeding offense, such as speeding 25 miles per hour or less over the maximum speed limit, isn't a criminal offense and you may not spend time in jail for this offense.

Speeding 26-34 Mph over the maximum speed limit is a Class B Misdemeanor offense, which is punished by up to 6 months in jail and a fine of up to $1,500.00 plus court fees. Further, speeding 35+ miles per hour over the maximum speed limit is a Class A Misdemeanor. Class A misdemeanor charges are punishable by up to 12 months in jail and a maximum of $2,500.00 plus court fees.

A driver who is charged with the petty offense of speeding in a school zone is subject to a minimum fine of $150.00 plus legal fees and is ineligible for court supervision. This means he or she faces a mandatory aggravated speeding conviction if they plead guilty or are found guilty.

Further, criminal speeding in a construction zone is punishable by a minimum fine of $375.00  plus court costs.

What is Aggravated Speeding in Illinois?

Although jail sentence is the most severe penalty a judge can impose, additional penalties for aggravated speeding include:

  • Community service. This includes independent community service for a non-profit organization, community service through the Social Services Department, and Sheriff's Work Alternative Program (SWAP).
  • Traffic Safety School. This is a 4 and 8-hour course.

A combination of the criminal penalties listed above can be imposed as part of your sentence whether you receive a criminal conviction or court supervision. Of course, mandatory court costs, hefty fines, auto insurance premium hikes, and a driver’s license suspension are all possible, too.

Often, court supervision is a very favorable outcome. However, it's essential to note that a sentence of court supervision is at the judge’s discretion and certain criminal speeding offenses are ineligible for court supervision. The following speeding offenses are ineligible for court supervision:

  • Excessive speeding in a school zone
  • A second-time aggravated speeding offense where the driver already has previous court supervision or aggravated speeding conviction.
  • Aggravated Speeding in an Urban Area
  • More than 2 sentences of court supervision on traffic offenses within the last 12 months before the current offense.

Aggravated speeding offenders also face potential consequences to their driver’s license. The Illinois Secretary of State considers a speeding conviction as a strike against your driver's license. All aggravated speeding offenses carry 50 points against your driving privileges

If you're underage, two convictions for moving violations occurring within 2 years can cause a license suspension. And if you're 21 or older, three traffic convictions within a year can cause a driver's license suspension. Accumulating over 110 points under either scenario can cause your driver’s license revocation. A driver's license revocation lasts for a minimum one-year period and requires a successful hearing before the Secretary of State can reinstate your driving privileges.

Can I be Arrested for Aggravated Speeding?

If a police officer pulls you over at a traffic stop for driving 26 miles per hour or more over the speed limit, you can get arrested. This is because driving over the speed limit is a criminal offense. But this rarely happens. Most of the time the law enforcement officer will write you an aggravated speeding citation and probably take your driver’s license as a bond.

However, when you handle as many aggravated speeding charges as a criminal defense attorney does, you hear some crazy stories. Arrests for excessive speeding happen. Often, it’s because there are aggravating circumstances such as excessive speeds, weaving through traffic and being a danger to the safety of people, or failing after a police officer stops you.

If a driver is arrested for aggravated speeding, they're processed at the police station and released once they post bond. Typically, the bond is an i-bond, so no money needs to be posted. Also, the bond can be set where a couple of hundred dollars must be posted for the driver to be released.

What Speed is Reckless Driving in Illinois?

According to aggravated speeding laws in Illinois reckless driving is speeding 35 mph or more over the legal speed limit. A reckless driving charge is charged as a Class A Misdemeanor. If someone is injured because of this crime, you're charged with a felony.

Should I Hire an Attorney for My Aggravated Speeding Charge?

It's imperative to know that if you are charged with an aggravated speeding offense, you'll potentially face a jail sentence and heavy fines. Even though you're only charged with a speeding offense, a skilled traffic attorney that knows the Illinois speeding laws can protect your rights and help keep a clean driving record.

A man having a ticket issued to him for speeding.

Aggravated driving is an offense that can have an immediate effect on your driving privileges. Also, an aggravated speeding offense can have a lasting impact on your public record going forward. Finding the right legal representation for your excessive speeding charge can help you keep your driver's license and keep your driving record clean. Thus, if you're facing a driving offense, it's essential to contact an experienced attorney for guidance. 

What Are Some Typical Questions I Should Ask My Lawyer After a Speeding Ticket?

An aggravated speeding lawyer needs to have many legal options and strategies available. The more options, the more likely an aggravated speeding offender is to get a favorable outcome. To find the right attorney to represent your case, ask potential candidates the following questions:

  1. Have you defended aggravated speeding offenders in the past?
  2. How often do you practice in this courtroom?
  3. Do you think my speeding ticket can be amended down?
  4. How will you go about requesting it be amended down?
  5. Do you think I'm eligible for court supervision?
  6. How many aggravated speeding cases have you taken to trial?
  7. Will you charge more if additional court appearances are required?

It's essential to know that there's no right or wrong answer to these questions. Every skilled traffic attorney has different experience and caseloads. Plus, no lawyer can predict the outcome of a case. However, a skilled traffic attorney can quickly and easily answer these questions. An experienced traffic attorney should be able to discuss your case, come up with possible defense strategies, and advise you on potential outcomes. The answers to these questions should make you feel confident that you're hiring an experienced legal professional.

The traffic attorneys at Dohman Law Group represent clients charged with misdemeanor speeding offenses in Aurora, Elgin, Waukegan, Lombard, and throughout Illinois. Your criminal defense attorney must be familiar with the local courthouse where your traffic case is pending. We have successfully handled thousands of aggravated speeding tickets and we have helped many aggravated speeding offenders get a favorable outcome and we can help you too.

When facing a speeding charge, it's essential to seek the legal representation of a qualified criminal defense attorney. If you're looking for an aggressive attorney to help you beat your driving charges, call our Chicago law office today at (847) 616-9993 for a free initial consultation.

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