Could I Go to Jail for Speeding in Illinois?

 Posted on February 07, 2025 in Traffic Violations

Perhaps you recently bought a new sports car and are checking it out on the open highway when you see flashing red lights behind you. While you may expect to receive a speeding ticket, what you may not expect is to be handcuffed and taken to jail. In the state of Illinois, driving 26 mph or more above the posted speed limit is much more serious than a simple traffic ticket – it is a criminal offense known as aggravated speeding.

Of course, whether you go to jail or not will depend on the law enforcement agency and the discretion of the officer. You could be arrested and taken to the police station for processing, or you could receive a ticket with a date for a required court appearance. Either way, this is a serious traffic offense that can benefit from having an Aurora, IL traffic violations lawyer to help you navigate the process with the best outcome possible.

What is Aggravated Speeding?

If you are driving 26 mph over the posted speed limit but less than 35 mph over the posted speed limit, you will be charged with a Class B misdemeanor. If you are caught driving 35 mph over the posted speed limit - or more - you will be charged with a Class A misdemeanor. Depending on the circumstances, if you are convicted of a Class B misdemeanor, you could face up to six months in jail.

A Class A misdemeanor has the potential of up to 12 months in jail. Most judges will not hand down a jail sentence for speeding unless the excess speed places others at serious risk. If you are ticketed for driving 35 mph or more over the posted speed limit, you could also be charged with reckless driving, which implies an even greater degree of endangerment to others.

Will Your License Be Suspended for Aggravated Speeding?

While a single conviction is unlikely to trigger a driver’s license suspension, if you have other moving violations from the past 12 months, you could accrue enough points to have your license suspended. If you have three moving violation convictions within 12 months (for those 21 or older), you could have your license suspended.

If you have accrued 75-89 points, you are facing a six-month suspension. If you have accrued 90-99 points, you can expect a nine-month suspension, and 100 to 109 points can trigger a 12-month suspension. If you have 110 or more points, your driver’s license will be revoked. Below are some of the most common points for traffic violations:

• Speeding 11-14 mph above the speed limit – 15 points
• Speeding 15-25 mph above the speed limit – 20 points
• Speeding 26-34 mph above the speed limit – 50 points
• Speeding 35 mph and above the speed limit – 50 points
• Speeding in a construction zone or school zone – 20 points
• Running a red light – 20 points
• Passing a school bus while loading/unloading – 20 points
• Following too closely – 25 points
• Reckless driving – 55 points

Could I Receive Court Supervision?

If there are no extenuating circumstances, a sentence of court supervision could be imposed for the offense of aggravated speeding. Aggravated speeding in a construction or school zone is not eligible for court supervision. If you do not have a CDL license, court supervision will prevent a conviction on your driving record.

You may be required to go to traffic safety school or perform community service, and you must pay all fines and court assessments. While you may not think a traffic ticket rises to the level of needing an attorney, remember that charges of aggravated speeding could potentially land you in jail for up to a year, and you could also lose your driver’s license for several months to a year.

Contact a DuPage County, IL Traffic Violations Lawyer

Any traffic violation that could potentially send you to jail or cause you to lose your license absolutely needs a Naperville, IL traffic violations attorney from Law Office of Patricia Magaña, LLC. Our attorney speaks Spanish and has extensive experience that will benefit your outcome. Call 630-448-2001 to schedule a free consultation.