How Much over the Speed limit is a Felony in Illinois?

Driving over the speed limit in Illinois typically results in a misdemeanor charge at most. State laws on speed restrictions categorize speeding as "petty offenses" if the driver exceeds the speed limit by more than 25 MPH. Any speed higher than this is called aggravated speeding. As per Illinois Vehicle Code (625 ILCS 5/11-601.5), this may be a Class B misdemeanor (if 26-34 MPH over the speed limit) or a Class A misdemeanor (if 35 MPH over the speed limit and above).

However, if a speeding violation is related to intoxication, injury, death, prior convictions, or suspended licenses, the driver may face felony charges of reckless driving, vehicular homicide, or aggravated DUI.

Is Speeding a Felony in Illinois?

No, speeding alone is not a felony in Illinois. Depending on how much the driver exceeds the applicable maximum speed limit, a driver may only receive petty tickets or face misdemeanor charges. However, related moving violations involving injury, death, repeat offenses, or intoxication may attract felony charges.

Can a Speeding Ticket Become a Felony in Illinois?

Illinois law does not classify speeding violations as felony offenses, regardless of whether they happen in a school or a construction zone. The highest classification for this offense is Class A misdemeanor. However, other elements may transform a speeding offense into a felony traffic offense, like aggravated DUI, aggravated street racing, reckless driving, or vehicular homicide.Nevertheless, speeding tickets alone cannot become a felony in Illinois.

Types of Speeding Tickets in Illinois: Infraction, Misdemeanor, or Felony

Speeding tickets in Illinois may be grouped according to how much the driver exceeds the maximum speed limit, ranging from petty offenses to those with harsher criminal charges.

• Petty offenses: Drivers who exceed the speed limit by 1 - 25 MPH may be issued petty tickets.
• Misdemeanors: These are also called aggravated speeding tickets, which may be a Class B misdemeanor if you are 26 - 34 MPH over the limit or a Class A misdemeanor if you are 35 MPH over the limit or faster.
• Felonies: There are no felony speed tickets.

Penalties for Felony Speeding Tickets in Illinois

Although there are no felony speeding tickets in Illinois, speeding may result in criminal charges and penalties, such as fines, jail time, and penalty points on one's license. Persons convicted of this offense may also get a criminal record or increased insurance rates. As per Illinois law, penalties for speeding may be grouped according to the crime category.

Petty offenses: Drivers who exceed the speed limit by 1 - 25 MPH do not get jail time but are fined a fee ranging from $75 to $140. Fines may increase to $1,000 for repeated violations or if the incident occurred in a school or construction zone. Penalty points from 5 to 20 are added to the driver's license, which may lead to suspension.

Misdemeanors: Drivers convicted of Class B misdemeanors (26 - 34 MPH over the speed limit) may get jail time not exceeding 6 months and fines up to $1,500. On the other hand, Class A misdemeanors (35 MPH or more over the speed limit) may get jail time not exceeding one (1) year and fines up to $2,500. Convictions shall reflect in one's criminal and driver's record, and penalty points (up to 55) shall also be added to the driver's license, which may lead to longer suspension or revocation.

Felonies: Felony traffic offenses like reckless driving, vehicular homicide, or aggravated DUI are punishable by fines up to $25,000 and jail terms from 1 to 3 years for Class 4 felonies or 2 to 5 years for Class 3 felonies. Persons may even get their licenses suspended or revoked after accumulating penalty points.

How Long Does a Speeding Ticket Stay on Your Record in Illinois?

Generally, a speeding ticket shall stay on one's driving record for 4 to 5 years from the conviction date. However, if the speeding ticket is the reason for license revocation or suspension, it shall remain on the driver's record for at least 7 years from the reinstatement date.

During this period, the ticket shall be visible to all who access the driver's record, including insurance agencies, which typically increase their car insurance rates as the driver has a "higher risk" of traffic violations.

Note: Offenses related to alcohol or drug use typically remain indefinitely on an Illinois Traffic Record.

Can a Speeding Ticket Be Expunged from Your Record in Illinois?

Once a speeding ticket is reported to the Secretary of State (which serves as the DMV in Illinois), it typically remains on the subject's driving record until it is eligible for removal or removed at the Secretary of State's discretion. Additionally, speeding tickets are ineligible for criminal expungement under Illinois law, regardless of whether they were a petty offense or misdemeanor, and regardless of disposition.

However, persons may clear a conviction disposition from their criminal or driving records by filing a Motion to Vacate in court and receiving a reduced sentence of court supervision. This will save one from the consequences of having a conviction on record. However, persons must comply with all the terms of the supervision.