Is Aggravated Speeding a Felony in Illinois?

Aggravated Speeding in Chicago, Illinois: Understanding the Law

Chicago is one of the busiest metropolitan areas in the country, with highways like the Dan Ryan, the Eisenhower, and Lake Shore Drive carrying tens of thousands of vehicles every day. With such heavy traffic, law enforcement pays close attention to drivers who are significantly over the speed limit. Among the most serious traffic-related charges is aggravated speeding, which raises an important question: is aggravated speeding a felony in Illinois?

Under 625 ILCS 5/11-601.5, aggravated speeding occurs when a driver travels 26 miles per hour or more above the posted speed limit. If the driver is going 26–34 mph over the limit, the offense is a Class B misdemeanor. If the driver is going 35 mph or more over the limit, the charge becomes a Class A misdemeanor.

Unlike states that may treat extreme speeding as a felony, Illinois law classifies aggravated speeding as a criminal misdemeanor rather than a felony. A misdemeanor is still a criminal offense, carrying the possibility of jail time, large fines, probation, and a permanent criminal record. The difference is that a felony offense in Illinois involves the possibility of more than one year in state prison, while misdemeanors involve up to 364 days in county jail.

Aggravated speeding convictions have lasting effects. Because Illinois law prohibits sealing or expunging most misdemeanor traffic convictions, an aggravated speeding conviction often stays on a person’s record permanently. That means an employer, a landlord, or even a licensing board could see the conviction years down the line. While not a felony, aggravated speeding is still a serious criminal matter.

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How Illinois Criminal Cases Begin and the Investigation Process

Aggravated speeding cases almost always begin with a traffic stop. In Chicago, police use radar and laser devices along expressways and busy arterials such as Western Avenue or Columbus Drive. When a driver is clocked at 26 mph or more above the speed limit, the officer can issue a misdemeanor ticket requiring a court appearance. If the speed is extreme, or if there are additional circumstances such as reckless driving, an arrest may occur on the spot.

Once charged, the case enters the Illinois criminal court system. In Cook County, cases are typically heard at the Daley Center or one of the suburban district courts in Skokie, Markham, Bridgeview, or Rolling Meadows. Although aggravated speeding begins as a traffic offense, it is prosecuted as a criminal misdemeanor, which means the process mirrors that of other criminal charges.

The investigation often includes more than just the officer’s word. Prosecutors may rely on radar calibration records, dash cam video, and officer testimony. If the driver challenges the charge, defense counsel can demand full disclosure of evidence. It is not uncommon for defense attorneys to challenge whether the radar gun was properly tested or whether the officer followed Illinois State Police protocols.

From the beginning of the case, every step matters. Defendants often underestimate the seriousness of aggravated speeding until they are standing in front of a judge facing the possibility of jail, probation, or large fines. Because the state must prove the charge beyond a reasonable doubt, having a criminal defense lawyer in Chicago can make the difference between conviction and dismissal.

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Arrest, Penalties, and Long-Term Consequences

In Illinois, officers may either issue a citation with a mandatory court date or arrest the driver depending on the circumstances. Arrests are more likely when speeds are excessive or when combined with other conduct such as reckless driving or DUI.

The penalties for aggravated speeding are severe:

• Class B misdemeanor (26–34 mph over): punishable by up to 180 days in jail and fines of up to $1,500.
• Class A misdemeanor (35 mph or more over): punishable by up to 364 days in jail and fines of up to $2,500.

Judges may impose probation, conditional discharge, or community service. Courts also frequently order traffic safety programs. A conviction often results in higher insurance premiums, possible license suspension, and long-term employment consequences.

What makes aggravated speeding particularly harsh is that the conviction cannot usually be expunged or sealed. Unlike petty traffic tickets that disappear after a certain number of years, aggravated speeding becomes a permanent part of a defendant’s criminal history. That record can follow someone applying for jobs, housing, or professional licenses for decades.

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The Criminal Trial Defense Process in Illinois

Aggravated speeding cases proceed through the same stages as other criminal cases. First, the defendant appears in court for an arraignment, where the charges are formally read. The defense attorney may enter a plea of not guilty and request discovery. Pretrial hearings may follow, where motions can be filed to suppress evidence or challenge the validity of the stop.

A fictional example helps illustrate how this works. Imagine a driver in the Logan Square neighborhood is stopped on the Kennedy Expressway for driving 37 mph over the speed limit. The officer issues a Class A misdemeanor citation. The driver hires a defense lawyer, who immediately requests radar calibration records. Upon review, the records show the radar gun was overdue for calibration, which could make the reading unreliable. The attorney files a motion to suppress the evidence, arguing the state cannot prove speed beyond a reasonable doubt. In this scenario, the judge may grant the motion, leading to a dismissal of the case.

Even if dismissal is not possible, an attorney may negotiate a reduction of the charge to a lesser offense, such as simple speeding or court supervision. Having a lawyer means exploring all defenses while protecting the client’s rights at every stage.

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Types of Evidence Law Enforcement Uses

Evidence in aggravated speeding cases often includes:

• Radar or lidar gun readings.
• Officer testimony regarding speed estimation.
• Dash cam or body cam recordings.
• Calibration and maintenance logs of radar devices.
• Witness testimony if other drivers or pedestrians observed the speeding.

Each type of evidence can be challenged. Defense attorneys often question whether the officer was properly trained, whether the radar gun was correctly aimed, or whether the reading may have been affected by traffic conditions.

Because aggravated speeding requires proof beyond a reasonable doubt, even small weaknesses in the state’s evidence can create reasonable doubt, leading to acquittal or dismissal.

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Benefits of Having a Criminal Defense Attorney

Facing a misdemeanor charge without legal representation is a mistake. Judges and prosecutors in Cook County treat aggravated speeding seriously. Defendants who appear without counsel often plead guilty without fully understanding the long-term consequences.

A criminal defense attorney can:

• Examine evidence for flaws.
• Negotiate with prosecutors for reduced charges.
• Protect against wrongful conviction.
• Advocate for alternatives to jail such as supervision or probation.
• Ensure that constitutional rights are upheld throughout the process.

The presence of an attorney signals to the court that the defendant is taking the matter seriously, which can influence how the case is resolved.

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Potential Defenses in Aggravated Speeding Cases

Defenses to aggravated speeding may include:

• Challenging the accuracy of the radar or lidar device.
• Arguing improper calibration or maintenance of the device.
• Questioning the officer’s training or procedure.
• Raising issues of mistaken identity if multiple cars were nearby.
• Presenting necessity or emergency defenses in rare circumstances, such as transporting someone to the hospital.

Every case is unique, and the right defense strategy depends on the facts. A defense attorney’s job is to tailor the approach to maximize the chance of dismissal or reduction.

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Qualities to Look for in a Criminal Defense Attorney in Illinois

When hiring a lawyer for aggravated speeding, defendants should look for someone with courtroom experience in Cook County and surrounding counties. The attorney should understand local judges, prosecutors, and how each courthouse handles these cases. Communication is also critical — clients should expect updates, clear explanations, and honesty about possible outcomes.

A strong defense attorney is also a negotiator, able to secure reductions in charges or alternative sentences. They must be prepared to go to trial if necessary, but also skilled in resolving cases before trial when it benefits the client.

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Questions to Ask During a Consultation

Defendants should ask potential attorneys:

• How many aggravated speeding cases have you handled in Cook County?
• What outcomes have you been able to secure for clients?
• What defenses might apply in my case?
• What are the possible consequences I should be prepared for?
• How will you communicate with me throughout the process?

These questions help ensure the attorney is a good fit and provides the confidence that the case is being handled with care.

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Illinois Aggravated Speeding Defense FAQs

Is aggravated speeding considered a felony in Illinois?
No. Aggravated speeding is classified as a misdemeanor, either Class A or Class B depending on how far above the limit the driver was traveling. While not a felony, it is still a criminal offense with serious consequences.

Can aggravated speeding charges be dismissed?
Yes. If evidence such as radar readings is unreliable, or if the officer failed to follow proper procedures, charges may be dismissed. In some cases, a defense attorney can negotiate a reduction to a lesser traffic offense.

Does a conviction stay on my record forever?
Yes. Unlike petty speeding tickets, aggravated speeding convictions cannot usually be expunged or sealed under Illinois law. This makes it critical to fight the charge aggressively.

What happens if I plead guilty?
A guilty plea results in a criminal conviction, which can include jail, probation, fines, and long-term consequences on employment and insurance. Defendants should never plead guilty without first consulting with an attorney.

How does aggravated speeding affect insurance rates?
Insurance companies treat aggravated speeding as a major violation. Rates often increase significantly after conviction, and some companies may even drop coverage.

Can aggravated speeding result in a suspended license?
Yes. Depending on the driver’s record, a conviction can trigger license suspension or revocation under Illinois Secretary of State rules.

Do Chicago judges allow supervision for aggravated speeding?
In some cases, yes. Court supervision may be an option, allowing defendants to avoid a permanent conviction if all conditions are met. However, eligibility depends on prior history and the judge’s discretion.

Why is aggravated speeding treated so seriously?
Lawmakers and judges view high-speed driving as a danger to public safety. Crashes at high speeds cause more severe injuries, which is why the penalties are harsher than standard speeding tickets.

Can out-of-state drivers be charged in Illinois?
Yes. Non-residents driving through Chicago or Illinois can face aggravated speeding charges. The case will be handled in Illinois courts, and the conviction may transfer back to their home state.

Is hiring an attorney worth it?
Absolutely. An attorney can protect against jail, keep a conviction off your record when possible, and work toward reducing the long-term impact on your life.

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Why You Need an Attorney and Why Choose The Law Offices of David L. Freidberg

Aggravated speeding is not a felony in Illinois, but it is far from minor. A conviction carries consequences that last for years. Defendants who try to handle these cases alone often end up with a permanent criminal record that could have been avoided.

The Law Offices of David L. Freidberg has decades of experience defending clients in Chicago, Cook County, DuPage County, Will County, and Lake County. With a proven track record, our office fights to protect our clients’ rights, minimize penalties, and secure the best possible outcome in every case.

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.