Illinois Excessive / Aggravated Speeding Defense Attorney

Understanding Chicago, Illinois, and the Serious Nature of Excessive Speeding Charges

Chicago is one of the busiest and most congested cities in the United States. From the traffic crawling along the Dan Ryan Expressway to drivers trying to make up time on Lake Shore Drive, speeding is a daily occurrence. While many assume that a speeding ticket is only a minor inconvenience, Illinois law treats excessive or aggravated speeding much more seriously. Once you cross certain thresholds, you are no longer facing a standard traffic citation but instead a criminal charge that carries the possibility of jail time, probation, and a permanent criminal record.

Illinois law defines aggravated speeding in 625 ILCS 5/11-601.5. Driving 26 to 34 miles per hour over the posted speed limit is a Class B misdemeanor, while driving 35 miles per hour or more above the limit is a Class A misdemeanor. These are not petty offenses; they are formal criminal charges that will appear on background checks and can affect your future opportunities. For perspective, a petty speeding ticket in Illinois is punishable only by fines. In contrast, aggravated speeding can result in incarceration, probation, or community service, along with fines that reach thousands of dollars.

The Illinois criminal code divides offenses broadly into misdemeanors and felonies. While aggravated speeding is not a felony, it is among the most common misdemeanor traffic crimes. Other examples include reckless driving, DUI, and driving on a suspended license. Felony charges in Illinois, such as burglary, aggravated battery, or homicide, carry significantly harsher sentences, but misdemeanor convictions should not be underestimated. Employers, landlords, and even licensing boards view a misdemeanor conviction as a negative mark, particularly if it involves unsafe conduct on the road.

In Chicago’s neighborhoods—whether in Uptown, Pilsen, Bronzeville, or the South Side—police officers aggressively enforce traffic laws, particularly on high-speed corridors. A driver cited for aggravated speeding is often shocked when told that the case must be handled in criminal court rather than in traffic court. From the very first appearance, the matter is treated like any other criminal case, with prosecutors tasked with proving guilt beyond a reasonable doubt.

Illinois Statutes, Case Process, and the Investigation of Speeding Offenses

When you are stopped for aggravated speeding, your case begins immediately. The arresting officer will issue a citation or, in some circumstances, may place you under arrest. Either way, you will be required to appear in court. At the arraignment, the charges are read aloud, and you will be asked to enter a plea. This is the point where many defendants realize they are not simply paying a fine but instead facing the criminal justice system.

Under 625 ILCS 5/11-601.5(a), driving 26 to 34 mph above the posted speed limit is a Class B misdemeanor. The maximum sentence is up to six months in jail, probation, and fines up to $1,500. Under 625 ILCS 5/11-601.5(b), driving 35 mph or more above the posted limit is a Class A misdemeanor, punishable by up to one year in jail, probation, community service, and fines up to $2,500. Additional penalties include suspension of your driver’s license, especially if the offense occurs in a school zone or construction zone.

The investigation in aggravated speeding cases often centers on the accuracy of the police officer’s speed measurement. Officers in Illinois use radar, laser (LIDAR), pacing methods, and sometimes aircraft surveillance. Each of these has potential flaws. Radar units must be properly calibrated, LIDAR requires precise aiming, and pacing relies on human estimation. A skilled defense attorney examines whether the device was functioning properly, whether the officer was trained to use it, and whether weather, traffic, or road conditions could have led to an inaccurate reading.

After the arraignment, pretrial hearings allow the defense to challenge evidence and negotiate with prosecutors. In Chicago, prosecutors in Cook County handle hundreds of traffic-related cases daily. Judges expect attorneys to be prepared to argue motions and defenses. This stage is critical: motions to suppress evidence, motions to dismiss, and discovery requests can all alter the course of the case. Without an attorney, defendants often fail to raise these issues and find themselves at the mercy of the court’s sentencing discretion.

Penalties, Punishments, Trial Defense, and Consequences Beyond the Courtroom

The direct penalties for aggravated speeding are serious, but the collateral consequences often extend much further. A conviction means you carry a permanent criminal record. Illinois law does not allow for the expungement of aggravated speeding convictions, even if you receive supervision. This means future employers, landlords, and schools will see the conviction when running a background check.

For a Class B misdemeanor, the maximum penalties are up to six months in jail and a $1,500 fine. For a Class A misdemeanor, the maximum penalties are up to one year in jail and a $2,500 fine. Judges often impose probation, conditional discharge, or community service, but jail time remains a real possibility, particularly for repeat offenders or cases involving excessive speeds in dangerous areas. Judges may also order traffic safety courses, mandatory community service, or restrictions on driving privileges.

The criminal trial process in Illinois follows a structured path. If negotiations do not resolve the case, a trial is scheduled. During trial, prosecutors must prove beyond a reasonable doubt that you were driving at the alleged speed. This typically involves testimony from the arresting officer, radar or laser calibration records, and sometimes video evidence. The defense has the right to cross-examine witnesses, challenge the admissibility of evidence, and present counter-evidence or expert testimony.

Consider a fictional example: A driver on Western Avenue in the Beverly neighborhood is cited for driving 37 mph over the limit late at night. The officer claims his radar showed 72 mph in a 35 mph zone. The defense strategy may involve questioning whether the radar device was properly calibrated, whether the officer had a clear line of sight, and whether surrounding traffic could have interfered with the reading. If the defense can establish reasonable doubt, the judge may reduce the charge or dismiss the case entirely.

Beyond the courtroom, a conviction can affect insurance premiums, professional licenses, immigration status, and even eligibility for certain careers. Commercial drivers risk losing their CDL privileges, while young drivers face long-term consequences for college or scholarship opportunities. This is why the defense process must be taken seriously and handled by an attorney who understands both the statutes and the practical realities of Illinois courts.

Defenses, Why You Need an Attorney, and How to Choose the Right One

Defendants charged with aggravated speeding often believe the case is unwinnable because “the radar doesn’t lie.” The truth is that many defenses are available. Common defenses include challenging the accuracy of the radar or LIDAR device, questioning whether the officer was properly trained, arguing mistaken identity in heavy traffic, or demonstrating necessity, such as rushing to a medical emergency. In some cases, negotiating for a reduced charge such as a petty speeding ticket or court supervision is the most practical resolution.

The benefits of having a criminal defense attorney cannot be overstated. Every stage of the process—arraignment, pretrial motions, negotiations, trial—requires knowledge of Illinois law and courtroom procedure. An experienced defense lawyer knows how prosecutors approach these cases, what judges in Cook County expect, and how to minimize the long-term impact on your record.

When choosing a defense attorney in Illinois, look for qualities such as courtroom experience, familiarity with local prosecutors and judges, a proven record of defending misdemeanor traffic cases, and the ability to explain the process clearly. During a free consultation, you should ask about potential defenses, likely outcomes, experience handling similar cases, and what strategy they recommend for your circumstances.

The Law Offices of David L. Freidberg represents clients across Chicago and surrounding counties. With decades of experience, the firm understands how to aggressively challenge speeding charges, protect your record, and fight for the best possible outcome.

Chicago and Illinois Criminal Defense FAQs

What makes aggravated speeding a criminal offense in Illinois?
Aggravated speeding is treated as a criminal offense because lawmakers view speeds more than 26 miles per hour above the limit as reckless and dangerous. Unlike petty speeding tickets, which are civil infractions, aggravated speeding is classified as a misdemeanor under 625 ILCS 5/11-601.5. This means the case is prosecuted in criminal court and carries the possibility of jail time, probation, and a permanent criminal record.

Can I go to jail for aggravated speeding in Chicago?
Yes. A Class B misdemeanor (26–34 mph over the limit) can result in up to six months in jail, while a Class A misdemeanor (35 mph or more over the limit) can result in up to one year in jail. While first-time offenders often avoid jail, repeat offenders or those cited for extremely high speeds, particularly in construction zones or near schools, face a much greater risk of incarceration.

What happens during my first court appearance for aggravated speeding?
Your first court appearance is called an arraignment. At this hearing, the judge will read the charges and ask you to enter a plea. Many defendants are surprised to learn that this is a criminal matter and not a traffic ticket. Having an attorney present from the very beginning is critical because the arraignment sets the stage for the rest of the case.

Is supervision available for aggravated speeding in Illinois?
Court supervision is sometimes available, depending on your driving history and the facts of the case. Supervision allows you to avoid a conviction if you successfully complete the conditions ordered by the court, such as attending traffic school or avoiding further offenses during the supervision period. However, aggravated speeding convictions cannot be expunged, so if supervision is not granted and you are convicted, the charge remains permanently on your record.

What types of evidence are used in aggravated speeding cases?
Prosecutors rely on radar or LIDAR readings, officer testimony, calibration logs, pacing observations, and sometimes dashcam or body-worn camera footage. A skilled defense attorney examines every piece of evidence for weaknesses, inconsistencies, or procedural errors that could raise reasonable doubt.

Can aggravated speeding affect my driver’s license?
Yes. While a single conviction does not automatically suspend your license, repeated convictions or offenses committed in school or construction zones can lead to suspension. In addition, the Secretary of State may take administrative action against your driving privileges based on your driving record as a whole.

How can an attorney help me fight aggravated speeding charges?
An attorney can file motions to suppress or dismiss evidence, challenge the accuracy of speed measurements, cross-examine the arresting officer, negotiate for reduced charges, and advocate for sentencing alternatives that avoid jail and minimize the long-term impact on your record. Without representation, defendants often plead guilty without understanding the permanent consequences.

Why is it a mistake to represent myself in an aggravated speeding case?
Illinois criminal procedure is complex. Prosecutors are trained to secure convictions, and judges expect defendants to follow the same rules of evidence and procedure as attorneys. Representing yourself almost always results in worse outcomes, higher fines, and longer probation terms. A criminal defense lawyer ensures your rights are protected and that you have the best chance of achieving a favorable resolution.

What should I ask during a free consultation with a criminal defense lawyer?
You should ask about the attorney’s experience handling aggravated speeding cases, what defenses may apply to your situation, the likely range of outcomes, how they approach negotiations with prosecutors, and what strategy they recommend for your case. This helps you evaluate whether the attorney is a good fit for your needs.

Why Defendants Need a Lawyer and Call to Action

Defendants charged with aggravated speeding in Chicago often underestimate the seriousness of the offense. Treating it like a traffic ticket is a costly mistake. Without legal counsel, you risk a permanent criminal record, skyrocketing insurance premiums, license issues, and even jail time. An attorney ensures your rights are protected, evidence is challenged, and every opportunity for a reduced charge or dismissal is pursued.

The Law Offices of David L. Freidberg has decades of experience defending clients against aggravated speeding charges in Chicago, Cook County, DuPage County, Will County, Lake County, and throughout Illinois. The firm understands how prosecutors build these cases and how to dismantle them piece by piece.

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.