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Chicago Aggravated Street Racing Attorney
Street Racing and Chicago’s Crackdown
Chicago is known for its busy highways, crowded neighborhoods, and constant traffic flow. Yet in recent years, a growing number of drivers have been caught up in street racing crackdowns. Police patrols, traffic cameras, and even helicopters have been deployed to identify and stop races across the city, particularly on stretches of Lake Shore Drive, the Dan Ryan Expressway, and in industrial corridors on the South and West Sides.
Illinois law has made it clear: street racing is not just a traffic violation, it is a criminal offense. The most serious version of this crime is aggravated street racing, which carries felony-level penalties. Drivers facing this charge are not only fighting for their freedom but also for their future, since a felony conviction in Illinois follows you for life.
As a Chicago criminal defense lawyer with decades of courtroom experience, I know how prosecutors approach these cases and how to build defenses that protect my clients from the harshest outcomes.
Illinois Law on Street Racing and Aggravated Street Racing
The starting point for understanding street racing charges is 625 ILCS 5/11-506. This statute defines what counts as “street racing” in Illinois. According to the law, street racing happens when:
- Two or more vehicles compete in speed, acceleration, or performance on a public roadway.
- A driver accelerates or attempts to outdistance another vehicle in a contest.
- A person organizes or participates in any event intended to compare speed or performance of motor vehicles.
On its own, this conduct is a Class A misdemeanor, which is punishable by up to one year in county jail and fines up to $2,500. It also leads to driver’s license suspension.
Street racing becomes aggravated when serious injury results. Specifically, if someone causes great bodily harm, permanent disability, or disfigurement to another person while racing, the charge is upgraded to a Class 4 felony. That brings a sentencing range of one to three years in the Illinois Department of Corrections and fines of up to $25,000.
Aggravated street racing is treated more seriously because of the risk it creates not only to other drivers but also to pedestrians and property. In Cook County, prosecutors routinely argue that this type of crime is reckless and endangers entire communities.
What makes Illinois law strict is that prosecutors don’t have to prove intent to injure. If the race results in serious harm, the charge is automatically enhanced, regardless of what the driver intended. That is why so many people find themselves facing felony consequences for what started as a reckless decision in the heat of the moment.
The Criminal Process in Aggravated Street Racing Cases
When police stop or identify suspected racers, the criminal process begins almost immediately. Here’s how cases typically unfold in Chicago:
Investigation: Police often monitor suspected races through traffic cameras, patrol vehicles, and tips from the public. Social media posts have become a frequent source of evidence, with videos uploaded online later used to identify drivers.
Arrest: If police witness the race, they may arrest drivers at the scene. In other cases, investigators track down drivers later, sometimes seizing vehicles believed to have been involved.
Bond Hearing: After an arrest, the accused is brought before a judge for a bond hearing. Prosecutors often argue that street racing is dangerous to the public and request high bonds or strict conditions of release. An attorney can fight for reasonable bond so the defendant is not stuck in jail awaiting trial.
Arraignment: At this stage, formal charges are read and the defendant enters a plea. In aggravated street racing cases, the plea is usually “not guilty,” which allows the defense attorney time to review the evidence.
Discovery and Pre-Trial Motions: The defense attorney requests police reports, videos, accident reconstruction reports, and witness statements. Motions may be filed to suppress unlawfully obtained evidence or to dismiss charges if the state’s case is weak.
Trial or Plea Negotiations: Many cases resolve through plea agreements, where charges may be reduced to a misdemeanor or penalties may be lessened. However, if the evidence is weak or the defendant wants to fight, the case proceeds to trial.
Sentencing: If convicted, sentencing is handled by the judge. A defense attorney can argue for alternatives to prison, such as probation, community service, or treatment programs.
Throughout this process, having an attorney is not just beneficial—it is critical. Every stage presents opportunities to protect the defendant’s rights and challenge the state’s case.
Evidence Used in Aggravated Street Racing Cases
Prosecutors build aggravated street racing cases using many types of evidence, including:
- Police Dash Cam and Body Cam Footage: Officers often rely on recordings from their own vehicles and cameras.
- Traffic Camera and Surveillance Footage: Chicago’s extensive camera system often captures parts of an alleged race.
- Social Media Evidence: Videos uploaded to platforms like TikTok or Instagram are increasingly being used in court.
- Eyewitness Testimony: Passengers, bystanders, and even other racers may be called as witnesses.
- Accident Reconstruction: Experts sometimes testify about speed, vehicle control, and the cause of injuries.
The defense can challenge this evidence in many ways. For example, video quality may be poor, or it may not clearly identify the driver. Witness testimony can be inconsistent or biased. Accident reconstruction can be disputed with competing experts.
Defenses Against Aggravated Street Racing Charges
Not every allegation of aggravated street racing meets the legal definition required for conviction. Some of the defenses that can be raised include:
- Arguing that the driver’s actions did not amount to a “race” as defined by Illinois law.
- Showing that injuries were not directly caused by the alleged race.
- Challenging the accuracy of speed estimates or accident reconstruction evidence.
- Exposing constitutional violations, such as illegal searches, lack of probable cause, or unlawful seizure of a vehicle.
In some cases, negotiations can lead to charges being reduced from a felony to a misdemeanor, or even dismissed entirely if evidence is lacking.
Why Legal Representation Matters
Facing aggravated street racing charges in Illinois without an attorney is a major mistake. Prosecutors have resources, investigators, and expert witnesses. They treat these cases as serious threats to public safety, especially in Chicago where street racing has been tied to multiple high-profile crashes.
A criminal defense lawyer ensures that your rights are protected, challenges weak evidence, and works to reduce or dismiss charges. More importantly, an attorney can negotiate alternatives to prison, protect your driver’s license, and fight to keep your record as clean as possible.
Aggravated Street Racing Charges Frequently Asked Questions
Is aggravated street racing always charged as a felony?
Yes, when someone is seriously injured, the law requires it to be prosecuted as a Class 4 felony.
What happens if no one was injured during the race?
If no injury occurs, the charge is usually a Class A misdemeanor, though penalties still include jail, fines, and license suspension.
Can my car be seized if I’m charged?
Yes. Illinois law allows for the seizure and possible forfeiture of vehicles used in felony offenses.
How long will a conviction stay on my record?
A felony conviction is permanent in Illinois and cannot be expunged. This is one of the most serious consequences of aggravated street racing.
Will my insurance rates be affected?
Yes. A conviction for street racing will cause insurance premiums to skyrocket, and some insurers may cancel coverage entirely.
What if I was just present at the race but not driving?
Organizers and participants who assist or encourage races can also be charged, even if they were not behind the wheel.
Can minors be charged with aggravated street racing?
Yes. Juveniles can face these charges, though the case may proceed in juvenile court. However, serious cases may be transferred to adult court.
Do prosecutors ever agree to probation in these cases?
Yes. Depending on the circumstances and criminal history of the defendant, probation or conditional discharge may be possible instead of prison.
What if the police violated my rights during the arrest?
Any constitutional violation, such as an unlawful search, can be grounds to suppress evidence and potentially dismiss charges.
Call The Law Offices of David L. Freidberg
If you are facing aggravated street racing charges in Chicago, Cook County, DuPage County, Will County, or Lake County, you need an attorney who understands Illinois law and knows how to fight in the courtroom. I have defended countless clients accused of serious crimes, and I know the strategies that work against prosecutors who are determined to convict.
When You Need a Fighter, Call Us!
If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling criminal, DUI, and traffic cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.
Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.