If you were charged with aggravated speeding in Joliet or anywhere in Will County, you are not facing an ordinary traffic ticket — you are facing a criminal misdemeanor charge that can result in jail time, a permanent criminal record, and the loss of your driver’s license. Aggravated speeding in Illinois is governed by 625 ILCS 5/11-601.5, and the penalties are far harsher than most drivers realize. Whether the officer wrote you up for driving 26 mph over a 55 mph zone in Joliet or 40 mph over on an interstate, the consequences are the same in kind — only the severity changes. Joliet criminal defense attorney Jack L. Zaremba defends Illinois drivers facing aggravated speeding charges in Will County and across the region.
Charged With Aggravated Speeding in Will County? You’re Facing a Criminal Charge
Most drivers assume a speeding ticket is a speeding ticket — pay the fine, take a class, move on. Aggravated speeding does not work that way. When you are charged with driving 26 mph or more over the posted speed limit anywhere in Illinois, the State has charged you with a misdemeanor criminal offense. You will be required to appear in court at the Will County Courthouse in Joliet, the case may be prosecuted by an assistant state’s attorney, and a guilty plea or conviction will go on your criminal record — not just your driving record.
This matters in three concrete ways. First, employers running background checks will see a misdemeanor criminal conviction, not a traffic violation. Second, the conviction cannot be expunged once entered. Third, depending on how fast you were going, court supervision may not be available — which means a finding of guilt is the only outcome on the table without a fight. Drivers stopped on I-55, I-80, or I-355 through Joliet and Will County are routinely cited for aggravated speeding because highway speeds frequently push 25 to 35 mph over posted limits, and one additional mph crosses the criminal threshold.
Aggravated Speeding Under Illinois Law: Class A vs. Class B Misdemeanor
Illinois divides aggravated speeding into two classifications based on how far over the posted limit you were allegedly traveling. The relevant statute is 625 ILCS 5/11-601.5, enacted in its current form in 2010 to remove these offenses from the petty-offense category and reclassify them as criminal misdemeanors.
- Class B misdemeanor (625 ILCS 5/11-601.5(a)) — Driving 26 to 34 miles per hour over the posted speed limit. Punishable by up to 180 days in county jail and a fine of up to $1,500, plus statutory court costs and assessments.
- Class A misdemeanor (625 ILCS 5/11-601.5(b)) — Driving 35 miles per hour or more over the posted speed limit. Punishable by up to 364 days in county jail and a fine of up to $2,500, plus statutory court costs and assessments.
The distinction between the two classes is not just about the maximum sentence — it changes what defense outcomes are realistically achievable, whether court supervision is on the table, and how aggressively the prosecution will pursue a conviction. A driver clocked at 25 mph over is charged with petty speeding; one mile faster, and the case is a criminal misdemeanor heard in Will County circuit court in Joliet. The line between the two is razor-thin and is exactly where careful representation in Joliet matters most.
Penalties and Court Supervision Rules
The most consequential procedural rule in aggravated speeding cases is the court supervision question. Court supervision is a dispositional option in Illinois that allows a defendant to avoid a conviction on their record if the supervision period is successfully completed. For most traffic and misdemeanor offenses, supervision is available. For aggravated speeding, the rules are restrictive.
Under amendments to 730 ILCS 5/5-6-1 (Public Act 99-225, effective 2016), court supervision is available for Class B aggravated speeding under limited circumstances — typically requiring a clean recent driving record and judicial discretion. Court supervision is NOT available for Class A aggravated speeding (35+ mph over). This means that if you are charged with Class A aggravated speeding and either plead guilty or are convicted at trial, a permanent criminal conviction is the only possible outcome. There is no path to supervision, and the conviction cannot later be expunged or sealed.
For Class B charges, even when supervision is technically available, prosecutors and judges in Joliet and across Will County often resist granting it without a strong showing of mitigation, clean record, and credible representation. The fine ranges above are statutory maximums — actual fines are typically lower, but driver’s license sanctions, insurance impacts, and CDL consequences (discussed below) often outweigh the financial penalty in real-world cost for Joliet-area drivers.
Defense Strategies for Aggravated Speeding Charges
An aggravated speeding charge is not a foregone conclusion. Several defense paths are available depending on the facts of the case, the driver’s record, and the evidence the State has assembled.
- Reduction to a petty offense (1–25 mph over) — In many cases, the most favorable outcome is negotiating a reduction of the charge to a regular speeding ticket. This removes the criminal element entirely, eliminates the jail risk, and allows for ordinary supervision dispositions. Reductions are often available with clean records and proper mitigation.
- Court supervision (Class B only) — For Class B charges where reduction is not negotiable, securing court supervision avoids the criminal conviction and keeps your record clean if completed successfully.
- Challenging the speed measurement — Radar, LIDAR, and pacing measurements each have certification, calibration, and operator-training requirements under Illinois law. Defects in the State’s foundational evidence can suppress the speed reading and force a reduction or dismissal.
- Mitigation evidence — Clean driving record, employment dependencies, medical emergency at the time of the stop, or other circumstances can support both reduction negotiations and supervision pleas.
- Trial — Where the State’s evidence is weak or the speed measurement is challengeable, taking the case to a bench or jury trial may be appropriate. Speedy trial demands under 725 ILCS 5/103-5 can also be a strategic tool.
Which strategy is right for your case depends on the specific facts, your driving record, the Joliet prosecutor handling the courtroom, and the judge assigned. There is no one-size-fits-all defense for aggravated speeding, and Joliet courtrooms vary in how readily reductions and supervision are granted.
How a Conviction Affects Your License, Insurance, and CDL
Even setting aside the criminal-record consequences, an aggravated speeding conviction triggers a cascade of driving-record impacts that can affect your livelihood for years.
Driver’s record points. Aggravated speeding carries 50 driver’s record points under the Illinois Secretary of State’s point schedule — the highest non-fatal speed-related point assignment. A single conviction can place you within striking distance of the 3-convictions-in-12-months suspension threshold under 92 Ill. Adm. Code 1040.
License suspension. Three moving violation convictions within a 12-month period result in license suspension (six months in 12 months for drivers under 21). Drivers with prior moving violations should treat an aggravated speeding charge as an immediate license-preservation matter, not just a fine to pay.
Insurance. Carriers in Illinois treat aggravated speeding as a serious violation, typically resulting in premium increases of 50% to 100% for three to five years, and in some cases policy non-renewal. The financial impact over time often exceeds the statutory fine.
CDL holders. Commercial driver’s license holders face federal consequences under 49 CFR 383.51. Aggravated speeding (15+ mph over in a commercial vehicle, or any qualifying serious traffic violation) can trigger a 60-day CDL disqualification on the first offense and longer disqualifications for repeat offenses. For Joliet-area drivers whose livelihood depends on their CDL — and the trucking, logistics, and delivery industries are major employers in Will County — a conviction can be career-ending. CDL holders cited for aggravated speeding — whether driving a commercial vehicle at the time or not, depending on the violation — should consult a Joliet defense attorney immediately.
Why You Need a Joliet Former Prosecutor Defending Your Aggravated Speeding Charge
Aggravated speeding charges look procedural from the outside — show up at the Joliet courthouse, pay the fine, get on with your life. The reality is that prosecutors, judges, and Secretary of State administrative rules apply discretionary standards at every step, and how your case is presented determines which outcome you get. Five common scenarios are where representation matters most:
- Charged with Class A (35+ mph over) — Court supervision is not available. Without representation, the only outcome is a permanent criminal conviction. With representation, reduction to Class B or to a petty offense is often achievable.
- Prior moving violation convictions on your record — Points accumulate fast. If you are one or two convictions away from suspension, a guilty plea here can cost you your license, not just your fine money.
- CDL holder or commercial driver — Federal disqualification rules apply regardless of the vehicle you were driving when stopped. A misstep at the trial court level cascades into your commercial license — and your job.
- Construction zone, school zone, or work zone — Enhanced penalties apply in these designated zones, and prosecutors are less inclined to negotiate. Skilled negotiation and mitigation become critical.
- Court date already scheduled within 30 days — Time is short. Evidence gathering, radar-calibration records requests, and mitigation packet preparation take time. The earlier the representation, the better the outcome.
Attorney Jack Zaremba is a former Will County prosecutor and former Illinois Assistant Attorney General with over 20 years of legal experience. His Joliet firm has represented hundreds of Illinois drivers facing aggravated speeding and misdemeanor traffic charges. The advantage of representation is not procedural — it is understanding how Joliet prosecutors and Will County judges actually evaluate aggravated speeding cases for reduction, supervision, or dismissal.
Free consultation: Call 815-740-4025 or contact us online. There is no charge for the initial conversation.
Frequently Asked Questions
What counts as aggravated speeding in Illinois?
Aggravated speeding is driving 26 miles per hour or more over the posted speed limit anywhere in Illinois. Driving 26 to 34 mph over the limit is a Class B misdemeanor; driving 35 mph or more over is a Class A misdemeanor. Both are criminal offenses under 625 ILCS 5/11-601.5, not traffic infractions, and both go on your criminal record if convicted.
Will I go to jail for aggravated speeding in Joliet or Will County?
Jail is statutorily possible — up to 180 days for Class B and up to 364 days for Class A — but actual jail sentences are uncommon for first-time aggravated speeding offenders in Joliet without aggravating factors. Most cases in Will County resolve through reduction, supervision, or conditional discharge. The risk increases substantially with prior convictions, accident involvement, or extreme speeds (60+ mph over).
Can I get court supervision for aggravated speeding?
Court supervision is available for Class B aggravated speeding (26–34 mph over) under limited circumstances and at judicial discretion. Supervision is not available for Class A aggravated speeding (35+ mph over), meaning a Class A guilty plea or conviction will result in a permanent criminal record that cannot later be expunged or sealed.
Can an aggravated speeding charge be reduced to a regular speeding ticket?
In many cases, yes — particularly with a clean driving record, strong mitigation, and skilled negotiation. A reduction to a petty speeding offense (1–25 mph over) eliminates the criminal element, removes the jail risk, and allows for ordinary supervision dispositions. Whether reduction is achievable depends on the prosecutor, the judge, the speed alleged, and the specific facts of the case.
How long does an aggravated speeding conviction stay on my record?
A criminal conviction for aggravated speeding stays on your criminal record permanently and cannot be expunged or sealed under Illinois law. On your driving record, the conviction remains for the lifetime of the record, though its insurance impact typically diminishes after three to five years. This permanence is the single most important reason to fight the conviction rather than plead it out.
Do I need a Joliet lawyer for an aggravated speeding charge?
You are not required to have an attorney, but the consequences of an aggravated speeding conviction — criminal record, license suspension exposure, insurance impacts, and CDL implications — are serious enough that most Joliet drivers benefit substantially from representation. A Joliet attorney familiar with Will County prosecutors and judges can negotiate reductions or supervision more effectively than out-of-area counsel. The cost of representation is typically a fraction of the long-term insurance and employment impact of an unrepresented conviction.
Contact a Joliet Aggravated Speeding Defense Attorney
If you have been charged with aggravated speeding in Joliet, Will County, Grundy County, or anywhere in northern Illinois, time is the most important factor in building an effective defense. Court dates at the Will County Courthouse in Joliet come quickly, and key evidence — radar calibration records, officer training records, dashcam footage — can become unavailable if not requested early. The Law Offices of Jack L. Zaremba, P.C., based in Joliet, defends drivers facing Class B and Class A aggravated speeding charges throughout the region.
Call 815-740-4025 or contact us online for a free consultation. There is no charge for the initial conversation, and we will give you a candid assessment of where your case stands and what outcomes are realistically achievable in a Joliet courtroom.