How Does Illinois Law Define and Penalize Reckless Driving?

 Posted on April 08, 2025 in Traffic violations

Illinois law defines reckless driving as "willfully or wantonly disregarding the safety of other persons or property while driving." The definition is broad, leaving it open to many traffic violations, and the defenses in these cases vary drastically. Facing a reckless driving charge can be intimidating alone. An experienced Aurora, IL traffic violations attorney can help you understand the meaning of a reckless driving charge and walk you through the legal process.

What Constitutes Reckless Driving in Illinois?

In Illinois, the arresting officer has the discretionary ability to determine whether your actions constituted reckless driving. The law does not name specific actions, but some common examples of "willful or wanton" disregard for the safety of others include:

• Driving at excessive speeds above the speed limit

• Running a red light or stop sign

• Swerving erratically in and out of lanes

• Texting or talking on the phone while driving

• Tailgating or cutting off other drivers

Ultimately, any action that could be considered negligent may be labeled as reckless. Grooming yourself, eating, reading, adjusting the radio, or messing with the GPS while driving diverts your attention from the road and could cause a serious accident. 

What Are the Penalties for Reckless Driving?

Reckless driving cases where no one suffered injury are typically a Class A misdemeanor. The penalties can include up to 364 days in jail and/or fines as high as $2,500. The fines do not include court costs, and conviction may also result in a point on your license. 

Reckless driving can become a Class 4 felony if it results in severe bodily harm, including disfigurement or disability. More specifically, injuring a child or school crossing guard on school property would also be felony reckless driving. Causing the child or crossing guard severe injury increases the charge to a Class 3 felony, resulting in a prison sentence and as much as $25,000 in fines.

Could You Face Long-Term Consequences?

Long-term consequences are closely related to recidivism. In Illinois, three moving violations within a year will result in license suspension. However, three reckless driving convictions will not automatically cause you to lose your license. More often than not, you will have points added to it, resulting in a hefty increase in your insurance costs. 

Schedule a Free Consultation with an Elgin, IL Traffic Violation Attorney

If you have been charged with reckless driving, you may have questions about the legal process ahead of you. At The Law Office of Brian J. Mirandola, our Kane County, IL reckless driving defense lawyer will listen to the details of your case and walk you through the steps you must take to fight the charges. Judges can be harsh in these cases, particularly if the incident involves injuries or property damage. Call 847-488-0889 today to schedule your free consultation and learn more about your legal options.