When Does Speeding Become a Criminal Offense in Illinois?

 Posted on August 27, 2026 in Criminal Defense

Speeding becomes a criminal offense in Illinois when you drive 26 miles per hour or more over the posted speed limit. Illinois law treats this level of speeding as a misdemeanor rather than a simple traffic ticket. If you're facing either in 2026, our Naperville, IL criminal defense lawyer can help you address the issue and understand your legal options.

What Makes Speeding a Misdemeanor Instead of a Ticket?

Under 625 ILCS 5/11-601.5, driving 26 to 34 miles per hour over the speed limit is a Class B misdemeanor in Illinois. Driving 35 miles per hour or more over the speed limit is a Class A misdemeanor. This carries even harsher potential penalties. This law separates these higher speed violations from the more common speeding tickets most drivers are used to.

A criminal misdemeanor charge follows you differently than a simple traffic citation. It can show up on background checks and create consequences well beyond just points on your license.

What Penalties Come With a Speeding Misdemeanor in Illinois?

Under 730 ILCS 5/5-4.5-60, a Class B misdemeanor speeding charge can carry up to six months in jail and a fine of up to $1,500. Under 730 ILCS 5/5-4.5-55, a Class A misdemeanor can carry up to 364 days in jail and a fine of up to $2,500.

Most people do not serve jail time for a first offense, especially if there are no other aggravating factors. However, these are still misdemeanor charges, so it is important to take them seriously.

Can a Misdemeanor Speeding Charge Affect Your Driver's License?

A conviction for excessive speeding can result in a license suspension, depending on the specific circumstances and your driving history. Multiple convictions within a short period of time increase this risk significantly. Illinois tracks patterns of dangerous driving behavior over time.

What Factors Affect How Your Speeding Case Is Handled?

Several factors influence how prosecutors and judges approach a speeding misdemeanor case. Common factors include:

• How much over the speed limit you were driving, as the statute covers
• Whether you have any prior speeding or traffic convictions
• The location, such as whether the speeding happened in a school zone or construction zone, which can lead to additional charges
• Whether anyone was injured, or whether the speeding contributed to an accident

Each of these factors can significantly affect how seriously the case gets treated by both prosecutors and the court.

What Defenses Are Available for a Misdemeanor Speeding Charge?

Common defenses include challenging the accuracy of the radar or laser device used to measure your speed. You can also question whether the officer properly calibrated or certified their equipment. Disputing whether the posted speed limit signs were clearly visible at the location is another option.

An attorney can also review whether the traffic stop itself was conducted properly. Procedural errors during the stop can sometimes affect the strength of the state's case against you.

Can a Speeding Misdemeanor Be Reduced or Dismissed in IL?

Prosecutors may sometimes agree to reduce an aggravated speeding charge, depending on the facts of the case and the driver's record. Court supervision may also be available in some cases, but Illinois law places important limits on when it can be granted. For example, supervision is generally unavailable for repeat aggravated-speeding offenders and for certain aggravated-speeding violations committed in an urban district.

What Should You Do if You're Charged With Excessive Speeding?

Taking the right steps can help protect your record and your driving privileges. Helpful steps include gathering any evidence about the conditions at the time of the stop. Review your driving record for accuracy. Contact a defense attorney as soon as possible to discuss your options.

How Can a Defense Attorney Help With Your Speeding Case?

A defense attorney can review the evidence used to measure your speed. They can negotiate with prosecutors for a reduced charge or court supervision. They can also represent you in court to protect both your record and your driving privileges. This kind of guidance often makes the difference between a lasting criminal record and a resolution that lets you move forward.

Schedule Your Free Consultation With Our Naperville, IL Traffic Violations Defense Attorney

Attorney Phil Nathe is a former Assistant State's Attorney for DuPage County. He understands this type of case from both the prosecution's side and the defense side. With over 25 years of legal experience, he brings that insight to every client facing a speeding misdemeanor charge.

Contact The Law Office of Philip R. Nathe at 630-416-7600 for a free consultation with our Naperville criminal defense lawyer today.