Speeding Tickets in Illinois: Penalties, Consequences, and Legal Guidance

Introduction: Understanding Speeding Offenses in Illinois

Speeding violations in Illinois can result in serious legal consequences, ranging from fines and probation to possible jail time. These violations are common and can significantly impact a driver’s life, affecting insurance rates, employment opportunities, and driving privileges. The severity of the penalty depends on how much over the speed limit you were traveling. Below, we break down the different levels of speeding offenses, potential penalties, and the importance of legal representation.

Standard Speeding: 1-25 MPH Over the Speed Limit

What Is Speeding?

The Illinois statute prohibiting speeding is found at 625 ILCS 5/11-601. This law states that drivers must not operate motor vehicles at speeds greater than is reasonable and proper based on traffic conditions and road use. If roadways are unmarked, the maximum speed limits for standard passenger vehicles in Illinois include:

• 30 MPH in an urban area (625 ILCS 5/1-214).

• 15 MPH in an alley.

• 65 MPH on designated highways outside urban areas with four lanes of traffic.

• 55 MPH for all other roads outside urban areas.

• 70 MPH on interstate highways and highways under the jurisdiction of the Illinois State Toll Highway Authority.

Certain counties (Cook, DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will) may adopt ordinances to lower maximum speed limits.

Potential Penalties for Speeding 1-25 MPH Over

• Classification: Petty offense.

• Sentencing Options: Court supervision, conditional discharge, or probation (up to 6 months).

• Fines: $75 to $1,000, plus possible court costs.

Factors Affecting Court Supervision Eligibility:

• Maximum of two moving violations within a 12-month period (730 ILCS 5/5-6-1(k)).

• Under 18: A parent must accompany the minor to court unless waived by the judge.

• If the violation caused death and you have prior traffic violations or a revoked license, you may be ineligible.

Collateral Consequences:

• Possible license suspension or revocation by the Secretary of State.

• CDL holders face potential license suspension.

• Increased insurance premiums.

Aggravated Speeding: 26-34 MPH Over the Speed Limit

What Is Aggravated Speeding?

Aggravated speeding, defined under 625 ILCS 5/11-601.5, involves driving 26-34 MPH over the speed limit and is classified as a more serious misdemeanor offense. Unlike standard speeding, which is considered a petty offense, this range reflects a level of recklessness that significantly increases the risk of accidents and public danger, warranting stricter legal consequences.

Potential Penalties for Aggravated Speeding (26-34 MPH Over)

• Classification: Class B misdemeanor.

• Sentencing Options: Court supervision, conditional discharge, or probation (up to 2 years).

• Fines: $75 to $1,500, plus possible court costs.

• Jail Time: Up to 6 months.

Eligibility for Court Supervision:

• Court supervision may be denied if you have:

  • More than two moving violations in the past year.

  • Previous aggravated speeding violations.

  • Committed the offense in an urban district (unless on an interstate).

  • Prior serious traffic offenses if under 21.

Additional Requirements:

• Drivers under 21 must complete a driver improvement course when given court supervision. These courses typically involve classroom instruction or online modules that cover defensive driving techniques, traffic laws, and safe driving practices. Failure to complete the course results in a conviction.

Aggravated Speeding: 35+ MPH Over the Speed Limit

What Is Aggravated Speeding?

Aggravated speeding involving driving 35 MPH or more over the speed limit is the most serious speeding offense under Illinois law and is governed by 625 ILCS 5/11-601.5. This threshold is significant because driving at such high speeds greatly increases the risk of accidents, severe injuries, and fatalities, prompting the law to impose stricter penalties to deter dangerous driving behavior.

Potential Penalties for Aggravated Speeding (35+ MPH Over)

• Classification: Class A misdemeanor.

• Sentencing Options: Court supervision, conditional discharge, or probation (up to 2 years).

• Fines: $75 to $2,500, plus possible court costs.

• Jail Time: Up to 1 year.

Eligibility for Court Supervision:

• Court supervision may be denied if:

  • You have more than two moving violations in the past year.

  • You previously received a sentence for aggravated speeding.

  • The offense occurred in an urban district (unless on an interstate).

  • You have prior serious traffic offenses if under 21.

Additional Requirements:

• Drivers under 21 must complete a driver improvement course when given court supervision. Failure to complete the course results in a conviction.

  
  

Why Legal Representation is Important

Speeding offenses can carry long-term consequences beyond fines or short-term penalties, including increased insurance premiums, a permanent mark on your driving record, and potential criminal records. An attorney can:

• Review the facts of your case.

• Negotiate for court supervision or reduced charges.

• Protect your driving privileges and help avoid license suspension.

Closing Thoughts

Whether you are facing a standard speeding ticket or a more serious aggravated speeding charge, understanding your legal options is crucial. Fawell and Associates has over 30 years of experience defending clients in traffic cases across the Chicagoland area, including DuPage, Cook, Lake, Kane, Will, and Kendall counties. Contact us for a free consultation to discuss your case and protect your rights.