Is a Speeding Ticket a Misdemeanor or Infraction?

If you have just received a speeding ticket, you may be wondering why the police officer wrote a mandatory court appearance at the bottom of the ticket. You may have thought that you can just pay the fine for the ticket and that would be the end of it. If you look at the ticket and see that the police officer wrote that you were going 26 mph over the speed limit or more then you are being charged with a misdemeanor speeding offense.

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What is Misdemeanor Speeding?

Under Illinois law, if you are going too fast over the speed limit you can be charged with a misdemeanor offense. Depending on how fast you speeding, you can be charged with a petty offense, a class B misdemeanor, or a class A misdemeanor.

Class A Misdemeanor Speeding

Misdemeanor speeding is often referred to as aggravated speeding. In Illinois, if you are traveling 35mph or above the posted speed limit then you will be charged with a class A misdemeanor. Class A misdemeanor offenses are punishable by up to 364 days in jail with a maximum fine of $2500. Having a conviction for a misdemeanor speeding offense can have a serious impact on your driver’s license and lead to a large increase in insurance rates as well.

If you have been charged with aggravated speeding before, then you are not able to get court supervision for a second time.

A second offense of aggravated speeding can lead to a license suspension in some circumstances.

Class B Misdemeanor Speeding

Misdemeanor speeding or aggravated speeding can also be considered a Class B misdemeanor offense. If you are traveling between 26-34 mph above the speed limit in Illinois, you will be charged with a class B misdemeanor offense. A class B misdemeanor offense is punishable by up to 6 months in jail and a maximum fine of $1,500.

Regular or Petty Speeding Ticket

If you have received a speeding ticket going up to 25 mph over the speed limit, then you will be charged with a petty speeding offense. In Illinois, a petty speeding offense is punishable by a maximum fine of $1,000. There is no possibility of jail time for a petty offense. Typically, a person who gets a petty speeding ticket will get between 4 months to 12 months of court supervision and a small fine.

Speeding in a Construction Zone

If you are pulled over for speeding in a construction zone you will be facing a much larger fine and you also are not able to get court supervision. If you have been charged with speeding in a construction zone, the minimum fine is $375 and you must take a conviction on your record. A conviction will be a permanent strike on your record and will likely increase your insurance rates. A conviction for speeding in a construction zone can also lead to your license being suspended.

Our Illinois traffic attorneys have spent years in the courtrooms handling all types of speeding matters. We routinely handled aggravated speeding charges around the Cook County, DuPage County, and Will County area. If you have been charged with a misdemeanor speeding offense or speeding in a construction zone, call our attorneys so we can help keep your record clean and save your license!

Is a speeding ticket a misdemeanor or infraction?

Frequently Asked Questions for Speeding Offenses

How Many Miles Over the Speed Limit is Reckless Driving in Illinois?

In Illinois, reckless driving requires two separate acts that constitute a willful disregard for the safety of yourself or others. For example, if you were driving 30mph over the speed limit and swerving in and out of lanes of traffic, then you can be charged with reckless driving. Simply speeding, no matter how fast, will not lead to charges of reckless driving.

Can You go to Jail for Speeding in Illinois?

Yes! In Illinois, if you are charged with a misdemeanor speeding you can go to jail for up to 364 days in jail. Depending on what county that you received the ticket in and how fast you were going, you may actually have to serve jail time.

What is Considered Speeding in Illinois?

In Illinois, if you have traveled above a posted speed limit and the posted speed limit is clear and unobstructed then you have committed the offense of speeding. Even if you are traveling 1 mph above the speed limit, it is still considered speeding.

How Much is a Speeding Ticket in Illinois?

  • The price of a speeding ticket in Illinois depends on how fast you were traveling
  • If you were traveling 20mph above the speed limit the price of a speeding ticket is $120
  • If you were traveling 21-34 mph above the speed limit then the price of a speeding ticket is $140
  • If you were speeding in a construction zone, then the minimum fine will be $375
  • If your speeding ticket requires you to go to court, then you will have to pay court costs of roughly $250-350 depending on which courthouse you are at

Is Aggravated Speeding a Felony?

In Illinois, there is no speeding offense that is a felony however, if your speeding causes an accident and someone dies as a result of that accident then you can be charged with the felony offense of reckless homicide.

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