Fighting Class A and Class B Misdemeanor Aggravated Speeding Tickets in Illinois

When you see the flashing red and blue lights in your rearview mirror on an Illinois interstate, your first thought might be the cost of the fine. However, if you are clocked going 26 miles per hour or more over the posted speed limit, you are facing a much more severe situation. Illinois law treats aggravated speeding as a criminal misdemeanor. Because this is a criminal charge, a mandatory court appearance is required, and paying a simple fine online is not an option. Finding a local criminal defense attorney in our directory is a crucial step toward protecting your driving privileges and your criminal record.

Understanding Class A and Class B Misdemeanor Speeding

Illinois divides aggravated speeding into two distinct criminal categories based on exactly how fast you were traveling over the limit. Both classifications carry the threat of severe penalties under the 625 ILCS 5 § 11-601.5.

Class B Misdemeanor (26 to 34 mph over)

If you are caught driving between 26 and 34 mph over the speed limit, you will be charged with a Class B misdemeanor. Under the 730 ILCS 5 § 5-4.5-60, a Class B misdemeanor is punishable by up to 180 days (6 months) in the county jail and a maximum fine of $1,500, plus mandatory court assessments.

Class A Misdemeanor (35+ mph over)

Driving 35 mph or more over the speed limit escalates the charge to a Class A misdemeanor. This is the highest level of misdemeanor in Illinois-the exact same criminal classification as a DUI or domestic battery. Under the 730 ILCS 5 § 5-4.5-55, this offense carries a potential penalty of up to 364 days in jail and a fine of up to $2,500.

The Difference Between a Criminal Record and a Traffic Record

Many drivers confuse their driving record with their criminal record. A standard speeding ticket for going 15 mph over the limit is a petty offense; it goes on your driving record maintained by the state DMV and affects your insurance premiums. Aggravated speeding is entirely different. Because it is a misdemeanor, a conviction will be permanently entered onto your criminal background check. This means future employers, landlords, and educational institutions will see a criminal conviction when they run a background check on you.

Jail Time Risks: Will You Actually Go to Prison?

One of the most common questions from terrified drivers is whether they will actually spend time behind bars for driving too fast. Generally, first-time offenders with an otherwise clean driving history are not sentenced to jail time. However, jail becomes a very real possibility under certain circumstances. If the aggravated speeding occurred in a school zone, a construction work zone, or if it involved reckless driving that endangered others, prosecutors and judges may push for jail time. Precedents like People v. Abdallah, 82 Ill. App. 2d 312 (IL Appellate Court 1967) highlight how strictly courts can interpret the admissibility of radar evidence when assessing the severity of a traffic crime.

Strategies for Avoiding Convictions

Just because you were ticketed does not guarantee a conviction. Experienced defense attorneys have multiple strategies to resolve these cases without a criminal conviction going on your record.

Securing Court Supervision

For many drivers, court supervision is the best possible outcome because a conviction is not entered on your record. If you complete the supervision period (usually 6 to 12 months) and comply with all court requirements, the charge is dismissed upon the entry of Form CCTR 0090, Illinois, Circuit Court of Cook County, Traffic Sentencing Order or the local equivalent. However, Illinois law imposes strict statutory restrictions on supervision for excessive speeding. Under 730 ILCS 5 § 5-6-1(p), a driver may receive court supervision for aggravated speeding only once in their lifetime. Furthermore, under 730 ILCS 5 § 5-6-1(q), judges are categorically prohibited from granting court supervision if the offense occurred in an urban district, and supervision is completely barred in highway construction or school zones. For Class A misdemeanors (35+ mph over) or violations committed in urban districts, avoiding a conviction typically requires an experienced attorney to negotiate a plea deal for a charge reduction down to petty speeding before court supervision can legally be granted.

Challenging Radar and Lidar Evidence

Sometimes the best defense is attacking the prosecution's evidence. Police officers must properly calibrate their radar or lidar guns before every shift. Your attorney can file discovery motions to request the maintenance logs and calibration records of the device used to clock your speed. If the officer failed to follow standard operating procedures, it is possible to have the speed evidence thrown out, forcing the prosecutor to reduce or dismiss the charges.

County Variations: Cook, DuPage, and Will Counties

How an aggravated speeding ticket is handled depends heavily on where you were pulled over. Every county has its own State's Attorney's Office with different policies regarding plea deals and court supervision.

• Cook County: At the Circuit Court of Cook County, Chicago, prosecutors handle thousands of these cases. They are sometimes willing to negotiate a Class B misdemeanor down to a petty speeding ticket if the driver has a clean record and completes traffic school.
• DuPage County: Known for being exceptionally strict on traffic crimes, prosecutors at the DuPage County Circuit Court, Wheaton often refuse to reduce Class A misdemeanors without a strong legal fight. Because judges cannot grant supervision in urban districts or work zones, securing a favorable outcome here requires meticulous preparation and prosecutor negotiations for a charge reduction.
• Will County: The Will County Circuit Court, Joliet sees a massive volume of interstate traffic tickets. Judges here often require defendants to appear in person rather than allowing an attorney to handle it remotely, emphasizing the seriousness of the charge.

Frequently Asked Questions (FAQ)