Is Aggravated Speeding a Misdemeanor or a Felony in Illinois?

 Posted on May 08, 2025 in Criminal Defense

Speeding is a leading cause of auto accidents in Illinois. Aggravated speeding is an additional level of reckless driving that can result in life-changing consequences for everyone involved. If you have been charged with aggravated speeding, how far above the speed limit you were going when the officer clocked your speed will determine how you are charged. To better understand the charges against you and your options for challenging them, you should speak to an experienced Aurora, IL criminal traffic violation defense attorney as soon as possible.

How Is Aggravated Speeding Defined in Illinois?

Illinois Statute 625 ILCS 5/11-601.5 categorizes aggravated speeding as either a Class B or Class A misdemeanor. If you were driving between 26 and 34 miles per hour in excess of the speed limit when you were caught, you could be charged with a Class B misdemeanor. If your speed exceeded 35 miles per hour over the speed limit, the charge could be a Class A misdemeanor, which carries harsher penalties.

What Are the Penalties for Aggravated Speeding in Illinois?

If convicted of aggravated speeding, you will have to pay fines and court costs. Most often, you have to go to traffic school and will lose driving privileges. Both Class A and Class B misdemeanors can result in significant jail time as well. These penalties are significantly harsher than petty speeding, which is a minor offense that does not involve an incarceration sentence.

The Secretary of State in Illinois has a point system that is used to determine how long your license will be suspended for a traffic violation. Aggravated speeding can result in 50 points against your license. For a first-time offender, that could mean a minimum of three months without a license. If you have more points from other offenses, you could lose your license for longer.

How Can an Attorney Challenge an Aggravated Speeding Charge?

When you hire a lawyer, they will investigate your case in detail to find the appropriate defense strategy. However, some common approaches include but are not limited to the following:

• Issues with the radar gun: A malfunctioning radar gun can produce an inaccurate speed reading. Additionally, if the officer did not properly calibrate the gun, it can impact its accuracy.

• Lack of probable cause: The arresting officer had to have probable cause to pull you over in the first place. If your attorney can prove that there was no reason for the stop, it could invalidate the evidence against you.

• Inaccurate speedometer: You may be able to argue that you were not intentionally speeding because your speedometer was not accurately reading your speed.

The circumstances leading up to the traffic stop and your charge are crucial in determining the most effective defense in your case. An experienced legal representative can help you understand the evidence needed to build a strong defense.

Contact an Elgin, IL Aggravated Speeding Attorney Today

Illinois courts take excessive speeding very seriously, given the risk of a catastrophic accident that it presents. Challenging an aggravated speeding charge can be complicated, but when the stakes are high, the knowledgeable Kane County, IL traffic violation defense lawyer at The Law Office of Brian J. Mirandola is dedicated to fighting aggressively to protect your rights and securing the best possible outcome for your case. Call 847-488-0889 today to schedule your free consultation.