Chicago Criminal Lawyer Blog
The Scope of Excessive Speeding in Chicago and Illinois
Chicago is a city where drivers often deal with unpredictable traffic patterns. When congestion clears on highways like I-90 or Lake Shore Drive, some drivers push their speed far beyond the posted limit. Illinois law considers certain levels of speeding so dangerous that they are classified as crimes rather than traffic infractions. This is called aggravated or excessive speeding, and it carries serious consequences in court.
According to 625 ILCS 5/11-601.5, speeding more than 26 miles per hour above the posted limit is a misdemeanor. Driving between 26 and 34 mph above the limit is a Class B misdemeanor, while driving 35 mph or more above the limit is a Class A misdemeanor. These charges are prosecuted in criminal court, not traffic court, and they can result in jail time, probation, fines, and a permanent record.
The severity of aggravated speeding charges underscores how Illinois treats roadway safety. Just as theft, assault, or drug possession are criminal offenses, aggravated speeding is categorized as criminal because of the risk it poses to others. For drivers in Cook County and surrounding counties, being cited for aggravated speeding can be the start of a long and stressful legal battle.
How Aggravated Speeding Cases Begin and the Role of Law Enforcement
A case typically begins with a traffic stop. Police use radar, LIDAR, or pacing techniques to determine a vehicle’s speed. Once the officer observes a driver exceeding the threshold for aggravated speeding, they will issue a citation that requires a court appearance. Unlike a standard ticket, you cannot simply pay the fine and move on.
The officer’s observations form the foundation of the prosecution’s case. Law enforcement will document the speed, location, road conditions, weather, and any other factors relevant to safety. In Chicago, many officers also use dashcams or body-worn cameras, which can be introduced in court as evidence. Calibration records of radar or laser devices are also important, as they establish whether the equipment was functioning properly.
From that first interaction with law enforcement, everything you say and do may later be used in court. Many drivers mistakenly admit guilt at the roadside, thinking honesty will result in leniency. In reality, these admissions are often written into reports and used against defendants in criminal court.
Penalties and Long-Term Consequences
Aggravated speeding carries more than just fines. A conviction can mean up to six months in jail for a Class B misdemeanor or up to one year for a Class A misdemeanor. Judges can impose probation, community service, mandatory traffic safety courses, or conditional discharge. Fines can be substantial, and in some cases, the Illinois Secretary of State may suspend or restrict your driving privileges.
Collateral consequences are often more damaging than the sentence itself. Aggravated speeding convictions cannot be expunged or sealed. This means that employers, landlords, and background check agencies will see the conviction indefinitely. Insurance rates almost always spike, and commercial drivers risk losing their livelihood. Students and young professionals face obstacles with scholarship programs or professional licensing boards.
The Criminal Trial Process in Illinois
Aggravated speeding cases follow the same structure as other criminal cases. After arraignment, pretrial hearings allow both sides to file motions, exchange discovery, and negotiate potential resolutions. If the case proceeds to trial, the prosecution must prove the charge beyond a reasonable doubt.
The trial involves presenting officer testimony, calibration records, and sometimes video or audio evidence. The defense cross-examines witnesses, challenges the admissibility of evidence, and may present its own witnesses or experts. Judges and juries in Illinois are instructed to apply the reasonable doubt standard, which gives defendants the opportunity to highlight flaws in the prosecution’s case.
Consider a scenario in the Logan Square neighborhood where a driver is accused of traveling 38 mph above the limit late at night. The defense strategy could focus on whether the radar gun was properly calibrated, whether other vehicles in close proximity may have interfered with the reading, and whether the officer’s line of sight was obstructed by buildings or traffic. By raising these questions, the defense may secure a reduction of the charge or even dismissal.
Legal Defenses and the Importance of Representation
Possible defenses include questioning the reliability of the speed measurement, highlighting improper calibration, showing that road or weather conditions interfered with the device, or raising necessity if there was a legitimate emergency. Sometimes the strongest defense is not outright dismissal but negotiating with prosecutors for a reduction to a petty offense or supervision that avoids a conviction.
Having an attorney ensures that no opportunity is missed. Without legal counsel, defendants often plead guilty without realizing the long-term consequences. Lawyers in Chicago know how prosecutors handle these cases, what evidence can be challenged, and what arguments resonate with local judges.
When selecting an attorney, defendants should consider experience, familiarity with local courts, communication skills, and a history of handling similar cases. During an initial consultation, questions about defense strategies, likely outcomes, and courtroom experience should always be asked.
FAQs on Illinois Aggravated Speeding
What is aggravated speeding in Illinois?
Aggravated speeding is driving more than 26 mph over the posted speed limit. Between 26 and 34 mph over is a Class B misdemeanor, while 35 mph or more over is a Class A misdemeanor. Both are criminal charges under Illinois law.
Can I avoid a conviction with supervision?
In some cases, yes. Courts may grant supervision, which allows you to avoid a conviction if you comply with conditions such as traffic school, community service, or no further violations during the supervision period. However, supervision is not guaranteed.
Will aggravated speeding show up on my background check?
Yes. A conviction will appear on your permanent criminal record and cannot be expunged or sealed. This can affect employment, housing, and professional licensing.
Can I be arrested on the spot for aggravated speeding?
It depends on the circumstances. Some officers issue a citation requiring a court appearance, while others may arrest a driver, particularly if the speed is extremely high or other violations are involved.
What defenses are available?
Defenses include challenging the accuracy of radar or laser devices, questioning calibration, disputing the officer’s observations, or arguing necessity if there was a true emergency. A defense attorney evaluates which strategy best fits your case.
Do I need an attorney for an aggravated speeding charge?
Yes. These are criminal charges, not traffic tickets. An attorney can negotiate with prosecutors, file motions, challenge evidence, and present a defense at trial. Attempting to represent yourself almost always results in harsher penalties.
How severe are the penalties for a Class A misdemeanor speeding charge?
Class A misdemeanors carry up to one year in jail and fines of up to $2,500. Even if jail time is avoided, probation, supervision, and community service may still be imposed.
Aggravated speeding charges in Chicago and surrounding counties are too serious to ignore. Defendants need an attorney who understands Illinois law and knows how to protect their future.
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.
