Is Aggravated Speeding a Felony in Illinois?
Chicago, Illinois: Where Traffic and Criminal Law Intersect
On any given day in Chicago, drivers move through crowded city streets and expansive highways like the Kennedy Expressway and the Stevenson. When the roads open up, some drivers press the accelerator harder than they should. This often results in aggravated speeding charges, which surprises many people when they learn these are criminal charges rather than simple tickets.
Illinois law treats aggravated speeding as a misdemeanor, not a felony. Under 625 ILCS 5/11-601.5, driving 26–34 mph over the posted limit is a Class B misdemeanor, and driving 35 mph or more over is a Class A misdemeanor. The distinction is important. Felonies in Illinois involve the possibility of more than a year in prison and carry harsher consequences such as the loss of civil rights. Misdemeanors, while less severe, still involve jail time, steep fines, and lasting criminal records.
What makes aggravated speeding unique in Illinois is that it is often unexpected. Many drivers view speeding as a traffic infraction, but the law elevates it into the realm of criminal conduct once speeds exceed these statutory thresholds.
How Criminal Proceedings Begin
An aggravated speeding case typically begins with a traffic stop. Officers in Chicago rely on radar, lidar, and pacing methods to measure speed. When a reading indicates 26 mph or more above the posted limit, a criminal citation is issued.
Some drivers are surprised to find themselves booked at a police station. While not every aggravated speeding case leads to an arrest, it does happen, particularly when the speed is extreme or combined with other traffic violations. After arrest or citation, the case enters the criminal court system, with hearings scheduled in Cook County courthouses such as the Daley Center or Skokie.
Unlike civil traffic infractions, aggravated speeding cases follow the criminal process. This includes arraignment, where charges are formally read, discovery, pre-trial hearings, and, if necessary, trial. The state bears the burden of proof beyond a reasonable doubt, but prosecutors often arrive in court with radar records, officer testimony, and video evidence.
Penalties and Record Impact
The penalties under Illinois law are significant:
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Class B misdemeanor (26–34 mph over): up to 180 days in jail, and up to $1,500 in fines.
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Class A misdemeanor (35 mph or more): up to 364 days in jail, and up to $2,500 in fines.
Judges may impose probation, community service, or conditional discharge. Some courts require drivers to complete traffic safety programs.
The real burden comes from the permanent nature of the record. Aggravated speeding convictions are not eligible for sealing or expungement under Illinois law. That means background checks will always reveal the conviction, potentially affecting employment, housing, or licensing years after the incident. For many Chicago residents, this permanent mark on their record is the most damaging part of the charge.
How the Defense Process Works in Illinois
Defending an aggravated speeding case involves reviewing every detail of the stop and the evidence. Attorneys request discovery, including radar calibration logs, dashcam footage, and officer reports.
For example, consider a fictional case in the Bronzeville neighborhood. A driver is cited for driving 32 mph over the limit. At trial, the defense attorney uncovers that the officer failed to follow state-required procedures for radar use, including missing mandatory calibration checks. By highlighting this procedural failure, the defense creates reasonable doubt, and the judge dismisses the case.
In other scenarios, even when dismissal is unlikely, an attorney may negotiate to reduce the charge to a petty speeding offense or secure court supervision. These outcomes are far better than a permanent criminal conviction.
Evidence Used by Prosecutors
The state relies on several forms of evidence in aggravated speeding cases:
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Radar or lidar readings, often supported by logs and calibration certificates.
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Officer testimony about their observations and use of speed detection devices.
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Dashcam or bodycam footage documenting the stop.
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Witness statements in cases where speed contributed to near-collisions.
Challenging the reliability of this evidence is often the best path for the defense. Speed detection devices require strict compliance with training and calibration standards. If the state fails to meet these requirements, their case weakens.
Why Hiring a Defense Attorney Is Critical
Defendants who appear in court without representation often make the mistake of pleading guilty quickly. They assume a misdemeanor will not matter long term, but aggravated speeding convictions cannot be erased and carry life-long consequences.
A defense attorney ensures that:
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Evidence is scrutinized for reliability.
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Constitutional rights are protected during the stop and investigation.
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Opportunities for dismissal or charge reduction are pursued.
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Alternative sentences such as supervision are secured when possible.
The difference between an attorney and self-representation can mean avoiding jail time, avoiding a permanent record, and protecting future employment.
Legal Defenses Available
Defenses vary by case but may include:
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Inaccurate speed readings due to calibration failures.
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Improper training of the officer operating radar or lidar.
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Interference from nearby vehicles affecting radar accuracy.
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Emergency situations requiring higher speed.
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Violations of constitutional rights during the traffic stop.
An experienced defense attorney tailors these defenses to the facts of the case, presenting the strongest arguments possible in court.
FAQs About Aggravated Speeding in Illinois
Is aggravated speeding a felony anywhere in Illinois?
No. Under Illinois law, aggravated speeding is always a misdemeanor. While serious, it never rises to the felony level unless combined with other crimes.
Can aggravated speeding be reduced to a regular ticket?
Yes. With effective legal representation, prosecutors sometimes agree to reduce the charge to a standard speeding ticket, especially if the defendant has no prior record.
Does a conviction affect CDL drivers?
Yes. Commercial drivers face stricter standards. A misdemeanor conviction for aggravated speeding can trigger disqualification of a commercial driver’s license, jeopardizing employment.
Do judges in Cook County often impose jail time?
It depends. First-time offenders may avoid jail if they have no prior record, but repeat offenders or those driving at extreme speeds face a higher risk of incarceration.
Can I represent myself?
Technically, yes, but it is a mistake. Without legal training, defendants may miss opportunities to challenge evidence or negotiate reduced charges.
Is supervision always available?
No. Judges are not required to offer supervision. Eligibility often depends on prior history, the severity of the speed, and the prosecutor’s position.
How long does an aggravated speeding case take?
Most cases in Chicago take several months to resolve. Continuances may be requested, and multiple hearings are often required before the case concludes.
Does insurance go up after aggravated speeding?
Almost always. Insurance companies treat aggravated speeding as a serious violation, often resulting in dramatically increased premiums or loss of coverage.
How does aggravated speeding affect immigrants?
Non-citizens may face immigration consequences for misdemeanor convictions. Aggravated speeding should be defended carefully to avoid problems with visas or residency.
What happens if I ignore the charge?
Failing to appear in court can result in a warrant for your arrest and additional charges. It makes resolving the original case far more difficult.
Why Defendants Choose The Law Offices of David L. Freidberg
At The Law Offices of David L. Freidberg, we represent clients throughout Chicago, Cook County, DuPage County, Will County, and Lake County. We understand how aggravated speeding charges are prosecuted in local courts and have decades of experience fighting for dismissals, reductions, and alternatives to jail. Our focus is on protecting clients from life-long consequences.
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.