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If you’ve received a speeding ticket in Illinois, your first step is to work out how many miles per hour you’re over the speed limit. That’s because there are two main tiers of speeding tickets in Illinois: petty and aggravated.
Both are serious violations, but the more severe of the two is a criminal offense and can potentially carry jail time.
The good news is that most drivers don’t serve jail time for aggravated speeding, and with the right legal defense, you may be able to reduce the charge or avoid a conviction altogether.
If you’ve been charged with aggravated speeding in Illinois, our Chicago traffic lawyers are here to help. We’ve represented thousands of clients who have received misdemeanor speeding tickets in DuPage, Lake, Kane, and Cook County, and we can help you get the best outcome.
Why choose Driver Defense Team:
- Thousands of traffic cases defended across Chicagoland
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What is aggravated speeding?
We’re all familiar with speeding, but aggravated speeding is one of those things you might not realize is actually an offense until you’re charged with it.
Aggravated speeding (also called agg speeding, criminal speeding, misdemeanor speeding, or excessive speeding) occurs when you drive 26 mph or more over the posted speed limit. Unlike regular speeding tickets, which are traffic violations, aggravated speeding is a criminal offense under Illinois law.
On highways across Chicagoland, it’s common for traffic to flow at 80+ mph in 55 mph zones. What feels like keeping up with traffic can easily put you 25+ mph over the limit — and one mph more makes it a criminal charge. The problem is, judges and prosecutors don’t quite see it that way.
Unlike petty speeding (driving 1-25 mph over the limit), which is a traffic offense, aggravated speeding is a criminal offense and will result in a criminal record if you plead guilty or are convicted in court.
The types of aggravated speeding charges
Illinois law recognizes two levels of aggravated speeding, each carrying different penalties.
Class B Misdemeanor Aggravated Speeding
Driving 26-34 mph over the speed limit is a Class B misdemeanor. It’s the most common aggravated speeding charge in Illinois, with penalties including:
- Up to six months in jail
- A fine up to $1,500
Class A Misdemeanor Aggravated Speeding
Driving 35 mph or more over the limit is a Class A misdemeanor. This is the more serious of the two charges, with penalties up to:
- One year in jail
- A $2,500 fine
Does this mean you’re going to jail?
Jail time is on the table if you’re charged with a Class A or Class B misdemeanor, but that doesn’t automatically mean you need to worry about being sent down. In reality, drivers in the Chicagoland area will rarely serve time for aggravated speeding. However, your driving record matters — a first-timer will catch more breaks than someone with multiple prior aggravated speeding incidents on their record.
Other Consequences of an Aggravated Speeding Conviction
While jail time is rare, an aggravated speeding conviction can lead to other penalties, such as higher insurance premiums and a suspended license. A criminal record can also affect your employment, immigration status, and anything dependent on a clean background check.
Fortunately, these penalties aren’t inevitable. With proper legal representation, many drivers are able to negotiate reduced charges, secure court supervision, or even get the case dismissed entirely.
Our aggravated speeding ticket lawyers in Illinois represent clients charged with misdemeanor speeding throughout Cook County, Lake County, Kane County, and DuPage County.
Defending drivers is all we do, so we understand Illinois traffic laws and the procedures of courthouses in Chicagoland. Our priority is to achieve the best possible result, which will vary based on your record and the facts of your case.
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Can an aggravated speeding charge be reduced?
In many cases, an experienced traffic attorney can negotiate with prosecutors to reduce an aggravated speeding charge to a lesser offense or secure court supervision, which avoids a conviction on your record.
Reduction to Petty Speeding
One of the most common outcomes in aggravated speeding cases is a reduction to petty speeding. This turns a criminal charge into a traffic violation. You’ll still face a fine and points on your license, and your insurance rates will likely increase, but you’ll avoid a criminal record. For most drivers, this is a favorable outcome that resolves the charge and protects your long-term interests.
Court Supervision
Illinois offers a sentencing option called court supervision, which gives first-time offenders a chance to avoid a conviction. If you’re granted court supervision, you’ll need to fulfill certain conditions, such as paying a fine and attending traffic safety school. As long as you complete supervision without getting another ticket during the supervision period, the case will be dismissed, and you won’t have a conviction on your record.
Court supervision is often available for aggravated speeding charges, but eligibility depends on several factors, including your driving record and where you were cited. Some prosecutors are more willing to offer supervision than others, and having an attorney who knows the local courts can make a significant difference.
There are situations in which court supervision could actually create more problems than it solves. For drivers with commercial driver’s licenses (CDLs), for instance, court supervision doesn’t prevent the violation from appearing on your driving record, which means it can still affect your CDL status and employment. In these cases, fighting for a dismissal, reduction to a non-moving violation, or an acquittal may be a better strategy.
Case Dismissal
In some situations, it may be possible to get the charge dismissed entirely. This typically requires proving a procedural error — an unlawful traffic stop, a problem with the radar or laser equipment used to clock your speed, or a chain-of-custody issue with the evidence.
The key to achieving any of these outcomes is early intervention. The sooner you hire an attorney, the more time they have to review the evidence, identify weaknesses in the state’s case, and negotiate with prosecutors before your court date.
Frequently asked questions
Do I really need a lawyer for an aggravated speeding ticket?
Some attorneys will use the threat of jail time to scare you into hiring them. Realistically, the likelihood of receiving a jail term on a first offense is slim — but it’s still something you need to be aware of, so we always recommend seeking advice from an attorney before your court date.
In most cases, once you get to court, the judge or prosecutor will tell you to come back with a lawyer. And if you are allowed to represent yourself, you won’t necessarily have the opportunity to explain your side of the story unless you plead not guilty and go to trial. Then, you’ll only be able to tell your story if you choose to testify, which opens you up to cross-examination from prosecutors whose goal is to trip you up on the stand. Depending on how far over the limit you were, a prosecutor or judge could give you a hard time — and the cost of an experienced attorney is usually well worth it.
What’s the difference between petty and aggravated speeding?
The most important difference is that one is a criminal charge, while the other is a traffic violation.
Petty speeding applies when you drive 1–25 mph over the speed limit. It’s a traffic violation carrying a maximum fine of $1,000, plus points on your license and the potential for your insurance rate to increase. Petty speeding won’t give you a criminal record, and you can often handle it by paying the fine or attending traffic school — though an attorney can still help reduce the impact on your record.
Aggravated speeding applies when you drive 26 mph or more over the limit. This is a criminal offense that can result in jail time, substantial fines, and a permanent criminal record. You can’t just pay the ticket and move on — you must appear in court, and the outcome will depend on negotiations with prosecutors or the result of a trial.
What happens at my first court appearance?
Your first court appearance is typically an arraignment, where you’ll be formally charged and asked to enter a plea. In most cases, the judge will ask if you have an attorney. If you don’t, you may be given time to hire one. Aggravated speeding is a criminal charge, so you appear — in person, or by Zoom only if that court authorizes Zoom for that date. An Illinois aggravated speeding attorney appears with you, negotiates with the prosecutor, and works toward resolving your case in as few dates as the court will allow.
How many points will aggravated speeding add to my record?
If you’re convicted of aggravated speeding, Illinois will add points to your driving record based on how much you were over the speed limit. Under the Illinois Vehicle Code:
- Speeding 1–10 mph over the limit: 5 points
- Speeding 11–14 mph over the limit: 15 points
- Speeding 15–25 mph over the limit: 20 points
- Speeding 26–34 mph over the limit: 50 points
- Speeding 35+ mph over the limit: 50 points
Getting too many moving violations during a one-year period will trigger an automatic license suspension, and the length of suspension is determined by the number of points you have.
Will my insurance rates go up?
Insurance companies view aggravated speeding as high-risk behavior, so a conviction can significantly increase your insurance premiums. Sometimes, insurers may even refuse to renew your policy. Outside of the threat of jail time, this is one of the clearest ways aggravated speeding penalties can follow you long after your case is resolved.
Can I just pay the fine like a regular ticket?
No. Aggravated speeding is a criminal charge, which means you cannot simply pay a fine and move on. You’re required to appear in court — in person, or by Zoom only if that court authorizes Zoom for that date — and you should have an attorney there with you. Do not skip a criminal court date. If you ignore the ticket or fail to appear, a warrant may be issued for your arrest.
It’s also not something you should handle alone. Pleading guilty at your arraignment opens you up to substantial penalties, but an experienced aggravated speeding lawyer can help you get a more favorable outcome.
Fight your aggravated speeding charge with Driver Defense Team
The consequences of aggravated speeding in Illinois are serious, but they’re not inevitable. Driver Defense Team handles aggravated speeding cases every day across Cook, DuPage, Lake, and Kane Counties. We never guarantee results, but we can promise we’ll do everything possible to secure the best outcome for your case.
We take a strategic, personalized approach to every case. We’ll review the evidence, identify weaknesses in the state’s case, and negotiate aggressively with prosecutors to get you the best possible result. This all comes together to form your GamePlan — a custom-built defense strategy designed around your case, your goals, and what matters most to you.
Contact Driver Defense Team today for a free consultation with an experienced Illinois traffic ticket lawyer. We’ll review your situation, answer your questions, and explain your options so you know exactly where you stand and what’s next.
