Aggravated Speeding

Charged with Aggravated Speeding in Chicago? Andrew M. Weisberg Can Protect Your License and Your Record

Many drivers are surprised to learn that aggravated speeding is not a simple traffic ticket in Illinois. Unlike most speeding violations, which are charged as petty offenses and usually result in a fine, aggravated speeding is a criminal misdemeanor offense that requires a court appearance and can lead to a permanent criminal record. If you have been charged with aggravated speeding in Chicago, you are facing a much more serious situation than a typical speeding ticket.

Because aggravated speeding is charged as a criminal offense under 625 ILCS 5/11-601.5, a conviction can result in jail time, significant fines, and long-term consequences for your driving record and insurance rates. Andrew M. Weisberg is a former Cook County prosecutor who has successfully defended many clients facing criminal traffic charges, including aggravated speeding. He understands how these cases are prosecuted in Cook County and how to work toward outcomes that protect your record and your future.

Call (773) 908-9811 for a free consultation.

Aggravated Speeding Is a Criminal Offense – Not a Traffic Ticket

Most speeding tickets in Illinois are charged as petty offenses, meaning they typically involve a fine and do not create a criminal record. In many cases, drivers can pay the ticket without ever going to court.

Aggravated speeding is different.

When you are charged with aggravated speeding, you are charged with a criminal misdemeanor, which means:

  • You must appear in criminal court
  • You cannot simply pay the ticket and be done
  • You face possible jail time
  • You may receive a permanent criminal record
  • You may need a defense attorney

Many drivers do not realize the seriousness of the charge until they receive a court date requiring them to appear before a judge. By that point, the case is already a criminal prosecution.

Understanding that aggravated speeding is a criminal case—not a routine ticket—is the first step in protecting your future.

Understanding Aggravated Speeding Under Illinois Law

Under 625 ILCS 5/11-601.5, aggravated speeding occurs when a driver exceeds the posted speed limit by a significant margin.

There are two levels of aggravated speeding:

26 to 34 Miles Per Hour Over the Speed Limit

Driving 26 to 34 mph over the speed limit is charged as a Class B misdemeanor.

35 Miles Per Hour or More Over the Speed Limit

Driving 35 mph or more over the speed limit is charged as a Class A misdemeanor, the most serious level of misdemeanor in Illinois.

These charges can be filed regardless of whether there was an accident or unsafe driving behavior. Speed alone can be enough to bring criminal charges.

Aggravated speeding charges frequently arise from:

  • Expressway driving in Chicago
  • Late-night or low-traffic conditions
  • Radar or laser speed enforcement
  • Construction zones
  • School zones
  • Police pacing methods

Because these cases often depend on speed measurement equipment or officer estimates, they can sometimes be challenged successfully.

Penalties for Aggravated Speeding in Illinois

The penalties depend on how fast the driver was allegedly traveling.

Class B Misdemeanor – 26 to 34 MPH Over the Limit

Possible penalties include:

  • Up to 180 days in jail
  • Fines up to $1,500
  • Court supervision or probation
  • Mandatory court appearances
  • Possible driver safety classes

Although jail time is uncommon for first-time offenders, it remains a possibility if the case is not handled properly.

Class A Misdemeanor – 35 MPH or More Over the Limit

Possible penalties include:

  • Up to 364 days in jail
  • Fines up to $2,500
  • Court supervision or probation
  • Possible community service
  • Possible license suspension

Class A misdemeanors are treated seriously by judges and prosecutors in Cook County, especially if the alleged speed was extremely high.

Long-Term Consequences of an Aggravated Speeding Conviction

Even when jail time is avoided, an aggravated speeding conviction can have long-lasting consequences.

Permanent Criminal Record

Because aggravated speeding is a misdemeanor, a conviction becomes part of your criminal history. This record can appear on background checks for employment, housing, and professional licensing.

Driver’s License Consequences

Multiple traffic offenses or serious speeding violations can lead to:

  • License suspension
  • Increased monitoring by the Secretary of State
  • Higher risk of future suspensions

Insurance Increases

Insurance companies often treat aggravated speeding as a high-risk violation. Premiums can increase significantly after a conviction.

Because of these consequences, avoiding a conviction is often the most important goal in an aggravated speeding case.

Defending Against Aggravated Speeding Charges

Aggravated speeding cases often appear straightforward, but they can be more defensible than many drivers expect. Andrew M. Weisberg carefully examines every case to identify weaknesses in the prosecution’s evidence.

Possible defense strategies include:

Challenging Speed Measurements

Speed readings are often based on radar or laser equipment that must be properly calibrated and operated. Errors in equipment or training can undermine the prosecution’s case.

Officer Observation Issues

Some speeding charges rely on pacing or visual estimation. These methods are not always reliable.

Identification Issues

In busy traffic conditions, it is sometimes unclear which vehicle was being measured.

Mitigation and Negotiation

Even when the evidence is strong, an experienced attorney may be able to negotiate:

  • Reduced charges
  • Court supervision
  • Outcomes that avoid a conviction
  • License-protective resolutions

Avoiding a Criminal Record

Many drivers charged with aggravated speeding are first-time offenders with otherwise clean records. Courts often recognize that a single incident should not define a person’s future.

When handled properly, aggravated speeding cases can often be resolved through:

  • Court supervision
  • Charge reductions
  • Negotiated dispositions

These outcomes can allow you to avoid a permanent criminal record.

The Importance of Hiring an Experienced Attorney

Because aggravated speeding is a criminal case, hiring an experienced defense attorney can make a major difference.

An attorney can:

  • Appear in court on your behalf in many cases
  • Evaluate the strength of the evidence
  • Negotiate with prosecutors
  • Protect your driving privileges
  • Work to avoid a conviction
  • Prepare a defense for trial if necessary

Trying to handle an aggravated speeding case alone can increase the risk of a conviction and long-term consequences.

Andrew M. Weisberg: Experienced Defense for Criminal Traffic Charges

Andrew M. Weisberg has extensive experience defending clients charged with criminal traffic offenses throughout Chicago and Cook County. As a former Cook County prosecutor, he understands how aggravated speeding cases are charged and how to pursue favorable outcomes.

Clients choose Andrew because he provides:

  • Former Cook County prosecutor experience
  • Strategic and aggressive defense
  • Honest case evaluations
  • Personal attention to every case
  • Strong courtroom advocacy

Andrew personally handles every aggravated speeding case and works directly with his clients from start to finish.

Frequently Asked Questions About Aggravated Speeding in Illinois

What qualifies as aggravated speeding under Illinois law?
Aggravated speeding is charged when a driver is alleged to be traveling 26 miles per hour or more over the posted speed limit. Driving 26 to 34 mph over the limit is a Class B misdemeanor, while driving 35 mph or more over the limit is a Class A misdemeanor. Because these are criminal charges, they carry the possibility of jail time and a permanent record.

Is aggravated speeding a criminal offense?
Yes. Unlike regular speeding tickets, aggravated speeding is a misdemeanor criminal offense in Illinois. This means you must appear in court, you face potential jail time, and a conviction will create a criminal record. Many people are surprised to learn that excessive speeding is not just a traffic matter but a criminal one.

Can aggravated speeding result in jail time?
It can. A Class B misdemeanor carries up to 6 months in jail, and a Class A misdemeanor carries up to 12 months. Jail is not mandatory in most cases, but certain circumstances—such as high speeds in school zones or construction zones—can increase the likelihood of jail time.

Will an aggravated speeding conviction affect my driver’s license?
Yes. Although aggravated speeding does not automatically suspend your license, your driving record, prior violations, and the speed involved can influence whether the Secretary of State takes action. Multiple convictions in a short period can trigger suspensions.

Does aggravated speeding affect insurance rates?
Almost always. Insurance companies view aggravated speeding as high-risk behavior because it involves criminal-level speeds. Premiums can increase substantially, and some companies may even drop coverage after a conviction. Avoiding a conviction is key to reducing long-term costs.

Is supervision available for aggravated speeding?
Supervision may be available, but it depends on the courthouse, the judge, and the specific facts. In some counties, supervision is restricted or not allowed in aggravated speeding cases, especially in school zones. An attorney who practices regularly in Cook County can advise you on how it is typically handled in each courthouse.

Can my aggravated speeding charge be reduced to a regular speeding ticket?
Yes, in many cases. Reduction is often possible through negotiation if your driving record is clean, your speed was not excessively high, and no aggravating factors were present. Reducing the charge to a petty speeding offense is important because it avoids a criminal record and the possibility of jail time.

Will I have to appear in court for aggravated speeding?
Yes. Unlike regular speeding tickets, aggravated speeding requires a mandatory court appearance. Your attorney can appear on your behalf in most cases, but some judges may require the defendant to be present depending on the speed and circumstances.

Is aggravated speeding in a school or construction zone treated differently?
It is treated more seriously. Judges often impose stricter penalties when aggravated speeding occurs in areas involving children or workers. Even without an accident, the State may seek higher fines or more restrictive sentencing options.

How can an attorney help with an aggravated speeding charge?
A defense attorney can challenge the accuracy of the speed measurement, negotiate for a charge reduction, argue for supervision instead of conviction, and present mitigation to the court. Representation is particularly important because aggravated speeding is a criminal offense with long-term consequences if not handled correctly.

Contact Andrew M. Weisberg for a Free Consultation

If you have been charged with aggravated speeding in Chicago or anywhere in Cook County, you should speak with an experienced criminal defense attorney as soon as possible.

Call (773) 908-9811 anytime for a free and confidential consultation, or complete the Case Review Form on this website.

Aggravated speeding is a criminal charge—not just a ticket. The right defense attorney can help protect your record, your license, and your future. Contact Andrew M. Weisberg for a free consultation today.

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