Can I Go to Jail for Speeding?

Posted on in Criminal Defense

criminal defense lawyerIn Illinois, you could be sentenced to up to a year in jail for speeding - if you were going fast enough. Any speed more than 25 miles per hour over the speed limit is a criminal offense known as “aggravated speeding.” This offense is much more serious than a normal speeding ticket. While a speeding ticket can more or less be paid and forgotten about, an aggravated speeding charge typically requires you to appear in court and could carry much heftier fines - or jail time. If you are facing aggravated speeding charges, retaining an experienced traffic attorney should be a high priority. 

What Are the Penalties for Aggravated Speeding? 

This depends on exactly how fast you were going. Aggravated speeding is a Class A misdemeanor if you were going 35 miles per hour or more over the speed limit. It is a Class B misdemeanor if you were going at least 26, but not more than 34 miles per hour over the speed limit. The Class A misdemeanor charge carries up to a year in jail and a $2,500 fine. The Class B version carries up to six months in jail and a $1,500 fine. Clearly, Illinois takes aggravated speeding charges very seriously - and so should you. 

Depending on your pre-existing criminal history, you may also be at risk of losing your driver’s license, especially if you have prior traffic-related convictions such as driving under the influence (DUI). 


Kane County dui defense lawyerDriving under the influence of alcohol or drugs is illegal in all 50 states. However, the penalties of a drunk driving conviction vary from state to state. In Illinois, the consequences for driving under the influence (DUI) depend on several factors, including whether the person has previously been charged with drunk driving and whether certain aggravating factors were present. In some DUI cases, the defendant may be able to plead guilty to a lesser offense nicknamed “wet reckless” to reduce the penalties he or she faces. If you or a loved one have been charged with DUI in Illinois, it is important to carefully consider your options before making a decision about a plea deal.

Penalties for Driving Under the Influence in Illinois

If a driver is arrested for driving under the influence and refuses to take a breath test or fails a breath test in Illinois, he or she is subject to an immediate driver’s license suspension. This suspension makes it illegal for the person to drive any vehicle. If the person is convicted of DUI and no aggravating circumstances are present, his or her driving privileges are revoked for one year. A first-time DUI is punishable by fines up to $2,500, and up to one year in jail, however, many first-time offenders can secure court supervision in lieu of jail time. If the driver had a blood alcohol content of 0.16 or more, was transporting a child under 16, or caused a crash resulting in serious injury or death, the penalties are much harsher. Some DUIs are classified as felonies.

Reckless Driving Penalties Compared to DUI Penalties

The term “wet reckless” is often used to describe charges for reckless driving involving alcohol. First-time DUI and reckless driving are Class A misdemeanor offenses in Illinois. However, the penalties associated with these offenses differ. Unlike DUI, a conviction for reckless driving does not result in a one-year driver’s license revocation. Furthermore, a person who has been convicted of DUI and is under court supervision may face significant penalties if he or she is arrested for a subsequent DUI during the probation period. This is not true of reckless driving.


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