Illinois Traffic Violations

Felony Traffic Violations in Illinois

Felony traffic violations are considered the most serious traffic violations on Illinois roads. These offenses typically involve causing significant physical harm to individuals or substantial financial losses.

The state categorizes felony traffic violations into five classes under the General Sentencing Provisions:

• Class X Felony: This is the most severe category, with penalties of 6 to 30 years in prison, fines up to $25,000, or both.
• Class 1 Felony: Carries a prison term of 4 to 15 years, fines up to $25,000, or both.
• Class 2 Felony: This offense is punishable by fines up to $25,000, a prison sentence of 3 to 7 years, or both.
• Class 3 Felony: This felony carries fines up to $25,000, a prison term of 2 to 5 years, or both.
• Class 4 Felony: This is the least serious felony category, with a minimum one-year sentence, fines up to $25,000, or both.

Examples of Illinois felony traffic violations include:

• Aggravated fleeing from law enforcement
• Leaving the accident scene causing injury or death
• Aggravated reckless driving
• Vehicular manslaughter
• Driving with a suspended license
• Prior driving under the influence (DUI) offenses or aggravated DUI

Traffic Misdemeanors in Illinois

Illinois traffic misdemeanors represent offenses less severe than felonies but more significant than minor traffic infractions. These violations, although not as grave as felonies, can lead to substantial penalties, including jail time or fines, depending on the nature and severity of the offense.

Illinois categorizes misdemeanors into three classes, each with distinct penalties:

• Class A misdemeanors, the most serious, can result in a fine of up to $2,500, up to a year in prison, or both.
• Class B misdemeanors, considered less severe than Class A, carry a fine of up to $1,500, a maximum sentence of six months in jail, or both.
• Class C misdemeanors, the least severe, can lead to up to a $1,000 fine, up to 30 days in jail, or both.

Among the examples of traffic misdemeanors in Illinois are the following:

• First DUI offense with no aggravating factors such as injuries, deaths, or fleeing the scene
• Speeding
• Reckless driving
• Deliberately removing or destroying traffic signs

Note that while many initial traffic offenses in Illinois are treated as misdemeanors, repeat offenses can escalate to felonies, which can lead to more severe consequences.

Traffic Infractions in Illinois

Traffic infractions, also known as "petty" or "business" offenses in Illinois, are driving-related violations that do not carry jail time.

These offenses are considered minor, allowing cited individuals to typically settle them by paying fines. Along with fines, offenders may accrue demerit points on their driving records, which can be avoided by completing a traffic school program in some instances.

In cases where the offender has a clean driving history, they may be eligible for an order of supervision. If completed, this can lead to the dismissal of the case without any demerit points being added to their record. However, this outcome is not guaranteed in all instances.

Common examples of traffic infractions in Illinois include:

• Seat belt violations
• Failure to yield
• Equipment violations
• Driving without insurance
• Texting while driving
• Tailgating
• Improper lane changes
• Parking violations
• Excessive idling

While traffic infractions are minor compared to more serious violations such as misdemeanors or felonies, ignoring a ticket can still have significant repercussions, such as suspension or revocation of an IL driver's license.

Illinois DUI Laws

DUI laws in Illinois, as outlined in the Illinois Compiled Statutes Section 625 5/11-501, are stringent and cover a wide range of impaired driving behaviors. From driving under the influence of alcohol to operating a vehicle while influenced by prescribed medications or illegal substances, the statute leaves no room for leniency.

In Illinois, if a driver's blood-alcohol concentration (BAC) is 0.08% or higher, they are considered legally intoxicated and prohibited from driving. Even with a BAC between 0.05% and 0.08%, individuals can still face DUI charges if their actions indicate impairment, subject to the discretion of the citing officer.

Individuals convicted of DUI in Illinois face severe penalties, including the following:

Statutory Summary Suspension

If a driver in Illinois is pulled over for a moving violation and found to have a BAC of 0.08% or higher, or if they refuse to test, the officer will immediately suspend their license.

The driver will receive a temporary driving permit that allows them to drive for 45 days while they go through the arrest, jail time, bail, and arraignment process. This period will also enable them to contest the arrest and suspension.

Following the 45 days, the statutory summary suspension takes effect. For a first offense, the license suspension is six months for failing chemical testing and one year for refusing to undergo chemical testing.

Administrative Driver's License Revocation

Apart from the statutory summary suspension, the ILSOS will initiate license revocation proceedings for individuals facing DUI or similar charges. This revocation remains in effect until the legal resolution of the case, as determined by the information provided by the state's attorney to the ILSOS.

To regain their driver's license, individuals facing DUI charges must comply with court and ILSOS requirements, which include paying a reinstatement fee of $500 for the first offense and an additional formal hearing fee of $50 for subsequent offenses.

In addition, the violator must pay a $30 new driver's license fee, provide proof of financial responsibility, which increases insurance premiums, undergo a drug or alcohol evaluation, and participate in a drug or alcohol program if mandated.

Besides that, the offender must install an ignition interlock device (IID), which costs $85 for installation, $80 for monthly rental, and $30 for monthly monitoring.

Criminal Penalties

DUI offenders in Illinois are also subject to rigorous criminal penalties along with the statutory summary suspension and administrative driver's license revocation.

These criminal penalties include a one-year driver's license revocation for offenders aged 21 and above, while those under 21 may face a two-year revocation period.

Jail time of up to six months is also a potential criminal consequence, accompanied by a minimum fine of $1,000.

Furthermore, offenders are required to complete community service, enroll in a drug and alcohol program, and undergo a motor vehicle registration revocation.

Note that the criminal penalties mentioned are the basic consequences for the first DUI offense. If an individual is convicted of second and subsequent DUI violations, the license revocation period, jail time, and fine will increase.

The Illinois DUI Factbook provides comprehensive information regarding the consequences of subsequent DUI offenses in Illinois and DUI in general.

Illinois Speeding Violations

According to Illinois speeding law, drivers are prohibited from exceeding a reasonable and safe speed, considering traffic conditions and the road's use, to prevent harm to people or property.

Moreover, the state enforces absolute speed limits to maintain road order. Violating these limits, such as driving above 70 mph on interstate highways, 30 mph in urban districts, or 20 mph in school zones, constitutes a breach of the law.

The consequences for speeding violations in Illinois vary based on the extent of the offense. For instance, driving 1 to 20 mph over the limit results in a $120 fine, while exceeding the limit by 21-30 mph can lead to a fine of approximately $140.

Exceeding the speed limit by 26 to 34 mph is classified as a Class B misdemeanor, carrying potential penalties of up to six months in jail and a maximum fine of $1,500. Meanwhile, speeding 35 mph or more over the limit escalates the offense to a Class A misdemeanor, with more severe repercussions, including up to one year in jail and a maximum fine of $2,500.

Pay the Ticket

In Illinois, individuals opting to settle a traffic ticket fine can easily find payment instructions on the ticket itself or the Circuit Court Clerk's website. The payment can be made in person at the court or mailed as a money order or a check to the clerk's address. The specific court addresses can be obtained from the Illinois judiciary's judicial directory.

Moreover, most state circuit court clerks offer online ticket payment systems that are accessible with details like the individual's last name, birth date, citation and case number, or driver's license number. These online systems streamline the payment process, eliminating the need for in-person visits and reducing mail payment delays for fines.

It is worth noting that paying a traffic ticket in Illinois equates to admitting guilt for the violation, which could lead to points on one's driving record.

Contest the Ticket

Individuals who receive a traffic violation citation in Illinois can contest it by pleading not guilty if they believe they are innocent.

To contest the charge, one must sign the blue copy and return it to the appropriate clerk's office at least ten days before the specified court date, either by mail or in person. The clerk will then arrange a court date and inform the individual.

If an appearance in court is required, the person can appear on the listed date to plead not guilty before a judge.

During the court proceedings, both sides will present their case, starting with testimony from the arresting officer and prosecution witnesses, followed by the motorist and defense witnesses. The judge or jury then determines if the prosecution has proven its case.

If found not guilty, the offense is not recorded on the individual's driving record, and the associated fine is not required. However, a guilty verdict results in fines, court fees, and potential penalties such as points on the driving record, community service, probation, or jail time.