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Fighting Aggravated Speeding Charges in Illinois
Chicago Traffic Realities and the Shift from Ticket to Criminal Charge
Chicago drivers are no strangers to traffic congestion and frustration. Highways such as the Eisenhower, Stevenson, and Dan Ryan can slow to a crawl during rush hour, but when those roads open up late at night or early in the morning, many drivers take the opportunity to speed. What often begins as trying to save a few minutes can result in a serious criminal charge.
Illinois law makes it clear that speeding is not always just a traffic violation. Under 625 ILCS 5/11-601.5, aggravated speeding occurs when a driver exceeds the limit by 26 mph or more. Once you cross that threshold, the case is no longer a simple ticket. Instead, you are looking at a misdemeanor offense that can follow you for the rest of your life.
In Chicago’s court system, aggravated speeding is treated with the same seriousness as other misdemeanors such as driving on a suspended license, reckless conduct, or even some theft-related offenses. It is not unusual for prosecutors to push for jail time, especially when the speeds are extreme or when children, pedestrians, or construction workers are nearby.
The difference between a petty offense and a criminal charge lies not only in penalties but in the lifelong consequences. Petty tickets can often be paid and forgotten, while aggravated speeding results in a criminal record that cannot be erased. That is why Chicago drivers must understand the seriousness of this charge.
How Criminal Cases for Aggravated Speeding Move Through the Illinois System
A criminal case begins with a stop. Police in Chicago use tools such as radar guns, laser devices, or pacing methods to measure speed. Once an officer determines that you are traveling 26 mph or more above the limit, they will issue a criminal citation requiring you to appear in court.
From there, the case moves into the criminal process. The first step is arraignment, where the charges are read, and you are asked to plead guilty, not guilty, or no contest. Many defendants, unfamiliar with the criminal courts, are shocked to see their name on a criminal docket alongside defendants charged with assault, drug possession, or burglary. This alone is a wake-up call.
After arraignment, pretrial proceedings begin. Prosecutors are required to share their evidence, which can include radar or LIDAR readings, calibration logs, officer notes, and video footage. Defense attorneys review this material carefully for inconsistencies or procedural errors. If issues are identified, motions can be filed to suppress evidence or dismiss charges.
The case may then proceed to trial if negotiations fail. At trial, prosecutors must prove that the driver committed aggravated speeding beyond a reasonable doubt. This burden of proof applies to all criminal cases in Illinois, whether for DUI, retail theft, or aggravated speeding.
Penalties and Punishments: More Than Just Fines
The direct penalties are significant. A Class B misdemeanor (26–34 mph over the limit) carries up to six months in jail and a $1,500 fine. A Class A misdemeanor (35+ mph over the limit) carries up to one year in jail and a $2,500 fine. Judges also have discretion to impose probation, supervision, or community service.
But it is the collateral consequences that often shock defendants. A conviction for aggravated speeding cannot be expunged or sealed. That means future employers, landlords, and background check companies will always see it. For many, this creates barriers to employment, education, and even professional licensing.
Insurance companies also penalize drivers harshly for aggravated speeding. Premiums may double or triple, and in some cases, coverage may be dropped altogether. Commercial drivers risk losing their CDL licenses, and young drivers may see college or scholarship opportunities vanish.
Evidence in Aggravated Speeding Cases
Unlike some criminal charges, aggravated speeding is heavily evidence-driven. The prosecution relies primarily on the officer’s recorded speed measurement, but several types of evidence may come into play:
- Radar and laser readings: These require regular calibration. If calibration logs are missing or incorrect, the accuracy of the reading can be challenged.
- Pacing observations: Officers sometimes pace a vehicle to estimate speed. This is subjective and often open to challenge.
- Dashcam and bodycam footage: Increasingly, officers rely on video recordings to document traffic stops.
- Officer testimony: The credibility of the officer, their training, and their adherence to procedure are critical issues.
A defense attorney scrutinizes each piece of evidence. For example, in a fictional case from the Bridgeport neighborhood, a driver was accused of traveling 36 mph over the limit based on radar. The defense uncovered that the radar device had not been properly calibrated within the required timeframe, leading to a dismissal of the charge.
Defenses Available to Drivers Charged in Illinois
Defenses vary depending on the facts, but common strategies include:
- Challenging the accuracy of radar or laser devices.
- Raising questions about calibration or officer training.
- Arguing mistaken identity in heavy traffic.
- Demonstrating necessity, such as driving in response to a medical emergency.
- Negotiating for reduction to a petty offense when the evidence is strong.
Every case is unique. A skilled defense attorney knows when to push aggressively for dismissal and when to negotiate for a resolution that avoids jail time and a permanent record.
Why Having a Criminal Defense Lawyer is Critical
Aggravated speeding is one of those charges that many people initially underestimate. Only after appearing in criminal court do they realize the gravity of the situation. Representing yourself is a mistake. Prosecutors know the law, and judges expect the rules of evidence to be followed. Without legal training, defendants are at a severe disadvantage.
An experienced Chicago defense attorney evaluates every aspect of the case: Was the stop lawful? Was the equipment accurate? Was the officer trained? Was the charge filed correctly? These questions can mean the difference between a conviction and a reduced outcome.
When looking for an attorney, consider their experience in criminal defense, their knowledge of local courts, and their ability to explain options clearly. During a consultation, ask about defenses, prior results, and how they would handle your case.
FAQs About Illinois Aggravated Speeding
Is aggravated speeding a felony in Illinois?
No. Aggravated speeding is a misdemeanor. A Class B misdemeanor applies at 26–34 mph over the limit, and a Class A misdemeanor applies at 35 mph or more over the limit. Felony charges are not imposed for speeding alone, but misdemeanors still carry serious penalties.
Can a conviction for aggravated speeding be removed from my record?
No. Illinois law does not allow aggravated speeding convictions to be expunged or sealed. Once convicted, the record is permanent and visible to employers, landlords, and licensing agencies.
Do prosecutors always push for jail time?
Not always. Jail time is a possibility, but many cases are resolved with supervision, probation, or community service. However, repeat offenders or extremely high speeds often prompt prosecutors to seek harsher penalties.
What happens if I ignore my court date?
Failing to appear in court can result in a bench warrant for your arrest. It also eliminates opportunities for favorable outcomes. Courts take attendance seriously, and missing court complicates your defense.
Can an attorney really challenge radar or laser evidence?
Yes. Devices must be calibrated regularly, and officers must be trained to use them correctly. If calibration logs are missing or procedures are not followed, the results may be unreliable. Attorneys often use these weaknesses to challenge the state’s case.
Is supervision always available for aggravated speeding?
Supervision may be granted depending on your driving history and the circumstances of your case. It allows you to avoid a conviction if conditions are met. However, it is not guaranteed, and some judges refuse supervision for extreme speeds.
What should I expect at trial?
At trial, the prosecution presents evidence such as officer testimony and speed measurements. The defense has the opportunity to cross-examine witnesses, file objections, and present evidence or witnesses of its own. The judge or jury then decides whether guilt has been proven beyond a reasonable doubt.
Do I need an attorney if this is my first offense?
Yes. Even first-time offenders face the possibility of jail, probation, and a permanent criminal record. Having a defense attorney gives you the best chance of avoiding the worst consequences and protecting your future.
Aggravated speeding in Illinois is not just a ticket; it is a criminal offense with lifelong consequences. Don’t face it alone.
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.