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Is Aggravated Speeding a Felony in Illinois?
Chicago Streets and the Nature of Aggravated Speeding
Chicago drivers know how quickly traffic conditions can change. A stretch of the Dan Ryan Expressway may suddenly open up, tempting drivers to push far beyond the speed limit. Police in Cook County and throughout Illinois are on the lookout for these drivers, particularly when speeds reach dangerous levels. One of the most common questions I hear as a criminal defense lawyer is whether aggravated speeding is a felony in Illinois.
Illinois law is clear: aggravated speeding is not a felony. Instead, it is a misdemeanor offense under 625 ILCS 5/11-601.5. When a driver exceeds the speed limit by 26 to 34 miles per hour, the charge is a Class B misdemeanor. When the speed is 35 miles per hour or more above the limit, the offense becomes a Class A misdemeanor.
Although these classifications are below felony level, the seriousness should not be underestimated. A misdemeanor conviction in Illinois can carry up to 364 days in jail, thousands of dollars in fines, and a permanent criminal record. For drivers in Chicago, that record can affect employment, housing opportunities, and even professional licensing. This makes aggravated speeding far more serious than a typical traffic ticket.
How Criminal Cases Begin in Illinois
The majority of aggravated speeding cases begin with a routine traffic stop. An officer observes a vehicle moving significantly faster than surrounding traffic and uses radar or lidar to measure speed. If the reading exceeds the thresholds in the statute, the officer has grounds to issue a criminal citation.
In some cases, the stop results in an arrest. This often happens when the driver is far above the limit, when reckless driving is suspected, or when other violations such as driving under the influence are involved. In Cook County, these cases are then scheduled for hearings at courthouses such as the Daley Center downtown or suburban facilities like Skokie or Bridgeview.
From the moment the officer initiates the stop, the case is considered a criminal proceeding. The Illinois Rules of Criminal Procedure apply, and the case proceeds through arraignment, discovery, motions, and possibly trial. Many drivers assume a speeding case is minor until they realize they are facing jail time and a permanent criminal record.
The Arrest Process, Penalties, and Record Consequences
The penalties for aggravated speeding depend on the classification:
- Class B misdemeanor (26–34 mph over): up to 180 days in jail and fines of $1,500.
- Class A misdemeanor (35 mph or more over): up to 364 days in jail and fines of $2,500.
Judges may also impose probation, community service, or conditional discharge. Some courts in Cook County order drivers into traffic safety programs as part of sentencing.
The most significant long-term consequence is that a conviction cannot be expunged or sealed. Unlike a standard speeding ticket, aggravated speeding stays on a criminal record permanently. This can affect background checks for employment, professional licensing, and even immigration matters.
Because of these consequences, an aggravated speeding charge must be treated as seriously as any other misdemeanor.
The Criminal Defense Process in Illinois
Aggravated speeding cases progress through the same stages as other misdemeanors. After arraignment, the defense attorney receives discovery, including radar calibration logs, dashcam footage, and officer testimony. The attorney may file motions to suppress evidence, challenge the admissibility of radar results, or question the legality of the traffic stop.
Consider a fictional case on Lake Shore Drive. A driver is stopped for allegedly going 36 mph over the speed limit. The defense attorney requests calibration records and finds that the radar device had not been properly tested in weeks. The attorney uses this to argue that the speed reading cannot be relied upon. This defense may lead to dismissal or reduction of the charges.
In cases where dismissal is not possible, defense attorneys often negotiate with prosecutors for reduced charges, such as a standard speeding violation or court supervision. Each case requires a tailored strategy based on the evidence, the defendant’s record, and the specific courtroom where the case is being heard.
Evidence Collected in Aggravated Speeding Cases
Law enforcement relies heavily on technical evidence in aggravated speeding cases. This includes:
- Radar or lidar readings.
- Calibration and maintenance logs for speed detection devices.
- Dashcam or bodycam video.
- Officer testimony regarding speed estimation.
- Witness testimony from other drivers or pedestrians.
Each piece of evidence can be challenged. Radar devices, for example, must be properly calibrated and operated under specific conditions. Traffic conditions, weather, and even the presence of multiple vehicles can create uncertainty in readings.
Why You Need a Defense Attorney
The difference between appearing in court with a lawyer and without one is dramatic. Defendants without counsel often plead guilty quickly, not realizing that the conviction will remain permanently on their record.
A criminal defense attorney ensures that evidence is carefully reviewed, weaknesses in the prosecution’s case are exposed, and negotiations are pursued aggressively. The attorney may also argue for alternatives to jail, such as supervision, community service, or fines without conviction.
For Chicago residents, where aggravated speeding cases are common, a defense attorney provides critical protection against a lifetime of consequences.
Legal Defenses to Aggravated Speeding
Defenses may include:
- Inaccurate radar or lidar readings due to poor calibration.
- Procedural errors by the officer.
- Weather or traffic conditions affecting radar accuracy.
- Mistaken identity of the vehicle.
- Emergency or necessity defenses.
The effectiveness of these defenses depends on the facts. An experienced attorney can identify which defense strategy offers the best chance of success.
FAQs About Aggravated Speeding in Illinois
Is aggravated speeding the same as reckless driving?
No. Reckless driving is a separate offense under Illinois law and involves willful disregard for safety. Aggravated speeding may be charged alongside reckless driving in some cases, but they are distinct offenses.
Can aggravated speeding charges be reduced?
Yes. Prosecutors sometimes agree to reduce aggravated speeding charges to standard speeding violations, particularly if the defendant has no prior record. Negotiation is more likely with the assistance of a defense attorney.
Does aggravated speeding affect professional licenses?
Yes. Professionals such as nurses, teachers, and commercial drivers often must report criminal convictions. An aggravated speeding conviction could jeopardize a license or professional standing.
What happens if I ignore the court date?
Failure to appear can result in a bench warrant for arrest. It can also add additional charges and make resolving the case far more difficult.
Can I receive supervision instead of a conviction?
In some cases, yes. Court supervision may be available depending on the driver’s prior record and the judge’s discretion. Supervision allows the defendant to avoid a permanent conviction if all conditions are met.
How do Chicago judges typically handle aggravated speeding?
Judges in Cook County take aggravated speeding seriously. While some may allow supervision, many impose fines, probation, or even jail time for repeat offenders or extreme speeds.
Does Illinois law allow aggravated speeding convictions to be sealed?
No. These convictions are not eligible for expungement or sealing. Once convicted, it remains permanently on your record.
Why do I need a defense lawyer if aggravated speeding isn’t a felony?
Because it is still a misdemeanor criminal offense, with consequences that can last for life. A defense lawyer can often secure outcomes that protect against a permanent conviction.
Why Choose The Law Offices of David L. Freidberg
The Law Offices of David L. Freidberg represents clients facing aggravated speeding charges throughout Chicago, Cook County, DuPage County, Will County, and Lake County. With decades of courtroom experience, I understand how local judges and prosecutors approach these cases. My goal is to protect your rights, minimize penalties, and secure the best possible outcome.
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.