Can Speeding Be a Felony in Illinois and What If I’ve Been Charged Before?

Speeding violations in Illinois are not always as simple as paying a fine and moving on. In some cases, they can lead to criminal charges, especially if you have prior offenses such as a DUI or reckless driving conviction. If you’ve recently resolved one case and now face a new speeding charge, the consequences can be far more serious than most people realize.

Speeding Offenses: From Petty Violations to Misdemeanors

In Illinois, the severity of a speeding violation is determined by how much you exceed the posted speed limit:

• 1 to 25 mph over the limit: Considered a petty offense, typically resulting in fines without jail time.
  
• 26 to 34 mph over the limit: Classified as a Class B misdemeanor, punishable by up to six months in jail and fines up to $1,500.
  
• 35 mph or more over the limit: Elevated to a Class A misdemeanor, carrying up to 12 months in jail and fines up to $2,500.
  

These classifications are outlined in the Illinois Vehicle Code under 625 ILCS 5/11-601.5. It’s important to note that aggravated speeding offenses (26 mph or more over the limit) are criminal charges that require a mandatory court appearance and can lead to a permanent criminal record if convicted.

Reckless Driving: Definition and Penalties

Reckless driving in Illinois is defined as operating a vehicle with willful or wanton disregard for the safety of persons or property. Examples include excessive speeding, erratic lane changes, and ignoring traffic signals.

• Standard Reckless Driving: Classified as a Class A misdemeanor, punishable by up to 12 months in jail and fines up to $2,500.
  
• Aggravated Reckless Driving: If the reckless driving results in great bodily harm, permanent disability, or disfigurement to another person, it can be elevated to a Class 4 felony, carrying 1 to 3 years in prison and fines up to $25,000. If a child or school crossing guard is injured, the charge can escalate to a Class 3 felony, with 2 to 5 years in prison and similar fines.
  

These penalties are detailed in the Illinois Compiled Statutes under 625 ILCS 5/11-503.

Impact of Prior Offenses on New Charges

Your driving history plays a significant role in how new offenses are handled:

• Prior Traffic Violations: Accumulating multiple moving violations within a 12-month period can lead to license suspension. For drivers under 21, the threshold is even lower.
  
• Previous DUI Convictions: If you have a prior DUI conviction, a new speeding or reckless driving charge can result in harsher penalties. Courts may view the new offense as part of a pattern of dangerous driving behavior, potentially leading to increased fines, longer license suspensions, or even jail time.
  
• Court Supervision Eligibility: In Illinois, court supervision is a sentencing option that allows a driver to avoid a conviction on their record, provided they meet certain conditions. However, if you’ve previously received supervision for a DUI or reckless driving charge, you may no longer be eligible for this option in future cases.
  

Consequences of Convictions

Convictions for speeding or reckless driving can have long-term effects beyond legal penalties:

• Criminal Record: Misdemeanor or felony convictions become part of your permanent criminal record, which can impact employment opportunities, housing applications, and more.
  
• Insurance Rates: Convictions often lead to increased auto insurance premiums, as insurers view these drivers as higher risk.
  
• License Suspension: Accumulating points from multiple violations can result in the suspension or revocation of your driver’s license.
  

Take the Right Steps to Protect Your Future

If you’re facing a speeding or reckless driving charge, especially with a prior DUI or traffic offense on your record, the outcome can significantly affect your license, insurance rates, and even your freedom. Illinois courts take repeat violations seriously, and the penalties can escalate quickly. I’ve represented drivers throughout Cook, DuPage, and nearby counties who found themselves in similar situations. With over twenty years of experience handling traffic and DUI-related cases, I understand how these charges are handled in local courtrooms and what it takes to build a strong defense. Call my Oak Brook office today to set up a consultation. We can discuss your case, the potential impact on your record, and the options available to you.Â