When Does Speeding Become a Criminal Offense in Illinois?

 Posted on May 05, 2026 in Traffic Violations

Speeding becomes a criminal offense in Illinois when it qualifies as aggravated speeding, which generally means exceeding the speed limit by 26 miles per hour or more. At that point, the charge is no longer a simple traffic ticket. It becomes aggravated speeding, which is a misdemeanor criminal offense that goes on your permanent criminal record if you are convicted. If you are facing an aggravated speeding charge in 2026, our Kane County, IL aggravated speeding defense lawyer can help you challenge the charge against you.

What Is the Difference Between a Traffic Ticket and a Criminal Speeding Charge in Illinois?

A standard speeding ticket in Illinois is a civil infraction. You pay a fine, and it may affect your driving record and insurance rates, but it does not create a criminal record. It is handled through traffic court, not criminal court.

Aggravated speeding is a criminal charge handled in criminal court. If convicted, it results in a permanent criminal record that shows up on background checks. Employers, landlords, and licensing boards can all see it. The consequences reach well beyond a fine and points on your license.

How Does Illinois Law Classify Aggravated Speeding?

Illinois classifies aggravated speeding into two levels under 625 ILCS 5/11-601.5, depending on how far over the speed limit the driver was going.

If you were going 26 to 34 miles per hour over the speed limit, you would be facing a Class B misdemeanor in Illinois. That means a potential sentence of up to six months in jail and a fine of up to $1,500. If you were going 35 miles per hour or more over the limit, the charge steps up to a Class A misdemeanor, the most serious misdemeanor level in Illinois. A conviction at that level can mean up to 364 days in jail and a fine of up to $2,500.

Neither of these charges involves mandatory jail time for a first offense in most cases. However, both result in a criminal conviction on your record if you plead guilty or are found guilty at trial.

Can Aggravated Speeding Lead to a Felony Charge in Illinois?

Aggravated speeding itself is charged as a misdemeanor in Illinois. However, if the conduct also leads to an accident causing injury or death, prosecutors may file additional, more serious criminal charges based on the circumstances. For example, if the speeding occurred in a school zone or a construction zone and resulted in bodily harm to another person, the charge can be elevated significantly.

Even without those aggravating factors, having prior criminal convictions can affect how a current aggravated speeding charge is handled and what penalties the court may consider.

Is Court Supervision an Option for Aggravated Speeding in Illinois?

In many cases, court supervision is available for a first-time aggravated speeding offense in Illinois. Court supervision is not a conviction. It allows a defendant to complete a period of good behavior and meet any conditions the court sets, after which the charge is dismissed and does not appear as a conviction on their record.

Whether you are eligible depends on your prior record, the specific circumstances of the charge, and the discretion of the judge. Courts in Kane County continue to consider supervision in appropriate aggravated speeding cases, but having an attorney present your case effectively makes a real difference in the outcome.

Can an Aggravated Speeding Charge Be Reduced or Dismissed in Illinois?

Many aggravated speeding cases are resolved through negotiated pleas to a lesser offense, such as a non-criminal speeding violation. A reduction to a civil infraction means no criminal record and no criminal court appearance. Whether a reduction is available depends on the speed involved, your driving history, the specific facts of the stop, and how the case is presented to the prosecutor.

An attorney can also examine whether the traffic stop was lawful, whether the speed measurement was accurate, and whether any procedural issues could affect the outcome of the case.

What Should You Do After Being Charged With Aggravated Speeding in Illinois?

Do not pay the ticket or plead guilty without first understanding that doing so is the same as accepting a criminal conviction. Many people assume aggravated speeding is handled like a regular traffic ticket and are caught off guard when they realize a conviction is now on their permanent record. Before you do anything else, talk to our attorney about your case.

Schedule a Free Consultation With Our DuPage County Speeding Charge Defense Lawyer

An aggravated speeding charge is a criminal matter, not a traffic ticket. Because the stakes are higher, you need an experienced lawyer you can trust. Attorney Patricia Magaña knows how these cases are evaluated and what it takes to challenge the charges. Call the Law Office of Patricia Magaña, LLC at 630-448-2001 to talk to our Kane County, IL criminal defense attorney today.

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