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Defending Against Aggravated Speeding Charges in Illinois
Aggravated Speeding in Chicago: Why It’s More Than Just a Traffic Ticket
Chicago’s expressways are some of the busiest and most heavily patrolled in the country. In a city where drivers deal with congested roads, aggressive traffic enforcement, and high-speed zones, it’s easy to find yourself facing more than a simple speeding ticket. If you’re accused of aggravated speeding in Illinois—defined as driving more than 26 miles per hour over the posted limit—you’re facing a criminal charge, not a mere citation.
Many people are surprised to learn that aggravated speeding is a misdemeanor offense in Illinois, not a petty offense like most speeding tickets. That means you’re now involved in the criminal justice system. You could be looking at jail time, a permanent criminal record, a suspended license, and fines that impact your life for years to come. Whether the charge is under 625 ILCS 5/11-601.5(a) or (b), the implications are serious.
As a Chicago criminal defense attorney with decades of experience, I’ve represented countless clients charged with aggravated speeding. From traffic stops on the Kennedy Expressway to accusations in suburban Cook County, the pattern is always the same—what started as a routine drive becomes a life-altering legal problem.
Understanding Illinois Law: Statutes and Classifications
Illinois treats aggravated speeding as a criminal offense under the Illinois Vehicle Code, specifically 625 ILCS 5/11-601.5. There are two classifications based on the speed over the posted limit.
Driving 26 to 34 miles per hour over the limit is a Class B misdemeanor under 625 ILCS 5/11-601.5(a). A conviction may result in up to 180 days in jail, a $1,500 fine, and a permanent criminal record.
Driving 35 miles per hour or more over the limit is a Class A misdemeanor under 625 ILCS 5/11-601.5(b). This is the same classification as a DUI. A conviction carries up to 364 days in jail, a $2,500 fine, and court supervision may not be available.
These are criminal charges, not simple traffic violations. That means the stakes are high, especially for commercial drivers, young adults with new licenses, and professionals whose jobs require a clean record. For college students, a conviction could impact financial aid. For CDL holders, it could be career-ending.
Aggravated speeding cases typically begin with a traffic stop, often initiated by radar, LIDAR, or pacing methods used by Illinois State Police or local departments. Once the speed is alleged, the citation is issued, and depending on the severity, a formal arrest or court summons follows.
Once charged, defendants must appear in court in the jurisdiction where the offense occurred. Whether that’s Cook County, DuPage County, Will County, or Lake County, a conviction will become part of your permanent criminal record unless aggressively defended.
The Criminal Case Process for Aggravated Speeding in Illinois
Aggravated speeding cases progress much like other misdemeanors in Illinois. First, there’s the arraignment where you’re formally charged and enter a plea. Then there’s the pretrial phase—arguably the most critical stage—where evidence is shared, motions are filed, and negotiations begin.
Discovery in these cases may include radar calibration records, officer dashcam video, squad car GPS data, and LIDAR certifications. Many defendants don’t realize that these technical details can make or break the case. An uncalibrated radar device or an untrained officer using LIDAR improperly may create grounds to challenge the evidence. But identifying those weaknesses requires an attorney who knows what to look for.
The investigation phase allows your defense attorney to request evidence, interview officers, and prepare motions. A skilled attorney can argue for the exclusion of flawed evidence under Illinois Supreme Court Rules and even push for dismissal when the prosecution’s case is shaky.
Aggravated speeding may seem straightforward on paper, but the procedures are anything but simple. A first-time offender might assume they can handle the matter alone—only to find themselves pleading guilty to a permanent criminal conviction that could have been avoided.
Trial Strategies: Real Case, Real Results
I recently represented a 21-year-old college student who was clocked at 95 mph in a 55 mph zone on I-55 just outside Chicago. He was charged under 625 ILCS 5/11-601.5(b)—a Class A misdemeanor.
The officer used a handheld LIDAR gun, but we discovered through cross-examination that the officer had not completed LIDAR re-certification within the required 6-month window. We also subpoenaed the device’s maintenance logs and found no records of calibration for over a year.
We filed a motion to suppress the LIDAR results, arguing that the evidence was unreliable. The judge granted the motion, leaving the State with no admissible proof of speed. The case was dismissed.
Even though my client never wanted to go to trial, we prepared like we were. That preparation was the difference between a conviction and complete dismissal. Trial-ready defense isn’t just for the courtroom—it’s a tool that works at every stage.
To read more about real strategies like these, visit our case analysis section at chicagocriminallawyerblog.com.
The Role of Evidence and Law Enforcement Tactics
Law enforcement officers typically rely on radar or LIDAR to establish speed in aggravated speeding cases. In some cases, they use pacing—following a vehicle at a set speed and matching the pace. Each method has its own legal vulnerabilities.
Dashcam footage may also be collected, and if the stop escalates into suspicion of DUI or reckless driving, body camera footage may become part of the case. Officers will also document the alleged conduct, road conditions, weather, traffic volume, and the driver’s demeanor.
The quality of that evidence—and whether it stands up to scrutiny—is critical. Many speeding citations include handwritten notes from the officer that contain errors, and these can be challenged. A defense attorney will obtain and review every piece of evidence, not just the citation.
The prosecution must prove beyond a reasonable doubt that your speed exceeded the statutory limit. If the evidence is flawed or improperly collected, we will challenge it aggressively. You don’t have to roll over and accept the charge.
Why You Need a Criminal Defense Attorney for Aggravated Speeding
Many people mistakenly assume they can resolve an aggravated speeding charge without a lawyer. That’s a costly assumption. Because this charge is a misdemeanor, a conviction is a permanent criminal record—not something that can be paid and forgotten.
Without legal representation, you may miss out on opportunities for court supervision or reduced charges. Worse, you could plead guilty without realizing the long-term consequences.
A criminal defense attorney brings legal insight to every stage of the process. From analyzing radar calibration and filing motions, to negotiating with prosecutors and, if necessary, presenting your defense at trial—we manage every part of the case.
We also help protect your license and driving privileges. For CDL holders, an aggravated speeding conviction is often disqualifying. For younger drivers, it could lead to license suspension.
With over two decades of experience, The Law Offices of David L. Freidberg provides aggressive, informed, trial-tested representation that gets results.
Potential Legal Defenses to Aggravated Speeding
Legal defenses vary depending on the facts of the case, but common strategies include:
Challenging the accuracy and calibration of the radar or LIDAR device.
Attacking the officer’s training and compliance with operational procedures.
Demonstrating that the posted speed limit was unclear, obstructed, or improperly marked.
Arguing that emergency conditions justified the increased speed.
Filing motions to exclude statements or evidence gathered improperly.
Requesting supervision or other non-conviction outcomes when appropriate.
Each case requires a fact-specific defense. That’s why no two cases are ever handled the same way. For more on defense options and legal outcomes, visit chicagocriminallawyer.pro.
Choosing the Right Criminal Defense Attorney
If you’re facing aggravated speeding charges, you need an attorney with trial experience, motion practice, and a reputation for fighting. Look for someone who has successfully defended misdemeanor traffic cases in Chicago and suburban Cook, DuPage, Lake, and Will Counties.
The right attorney will thoroughly examine every detail of your case, file appropriate motions, challenge the evidence, and, most importantly, prepare for trial. Prosecutors know which attorneys prepare to win—and that changes how your case is handled.
In your consultation, ask:
Have you handled aggravated speeding cases in this courthouse?
Do you challenge radar/LIDAR evidence?
Will you pursue dismissal or reduction aggressively?
Do you go to trial, or do you just plead clients out?
We are proud to answer yes to all of these. The Law Offices of David L. Freidberg offers honest, aggressive legal representation built around protecting your future.
Chicago Criminal Defense FAQs
Is aggravated speeding really a crime in Illinois?
Yes. Under 625 ILCS 5/11-601.5, aggravated speeding is a misdemeanor criminal offense—not just a traffic violation. You face potential jail time and a permanent record.
Can I go to jail for speeding in Chicago?
Yes. Class B misdemeanors carry up to 180 days in jail, while Class A misdemeanors can result in up to 364 days. Jail is a real possibility if you have a prior record or aggravating circumstances.
Can I get court supervision for aggravated speeding?
It depends. Supervision may be available for a Class B misdemeanor but is often denied for Class A. A skilled attorney can fight for the best possible outcome based on your record.
Will this go on my criminal record?
Yes. A conviction results in a permanent record. Court supervision avoids a conviction, but only if granted by the court. An attorney can help argue for supervision or expungement later.
What if I need to drive for work?
You must fight to protect your driving privileges. A conviction may result in license suspension or points that impact your insurance and job. We work to keep your record clean.
Can I be arrested on the spot for speeding?
Yes. In aggravated speeding cases—especially over 35 mph above the limit—officers may arrest you at the scene, depending on local policy.
How can a lawyer beat a radar gun?
We challenge calibration records, operator training, and whether the device was working properly. If the prosecution can’t prove the evidence is valid, it may be thrown out.
What counties do you serve?
We represent clients in Chicago, Cook County, DuPage County, Lake County, Will County, and surrounding areas.
Why You Should Hire The Law Offices of David L. Freidberg
A criminal conviction for speeding doesn’t just cost money—it costs opportunity. It follows you on background checks, insurance forms, and job applications. Most people don’t realize the damage until it’s too late.
Don’t make the mistake of showing up in court alone, unprepared. An experienced trial attorney can reduce or even eliminate the charge—through motions, negotiations, or trial.
We don’t take shortcuts. We prepare every case as if it’s going to trial. Prosecutors respect that. Judges see it. And our clients benefit from it.
Call Now – The Law Offices of David L. Freidberg Is Ready to Help
If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI 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.