A History of Misdemeanor Speeding Laws in Illinois

Prior to 2000, under Section 5/11-601(b) of the Illinois Vehicle Code, all speeding tickets in the State of Illinois were petty offenses. Petty offenses are non-jailable and do not carry the same potential penalties as criminal charges. Then, on January 1, 2000, Illinois established a new type of speeding ticket- the misdemeanor speeding ticket.

Under Section 5/11-601.5, suddenly it became a Class A misdemeanor offense to speed 40 miles or more over the speed limit. Unlike petty offenses, which carry no jail time, Class A misdemeanors are criminal in nature and are punishable by up to a $2500 fine and up to 364 days in jail.1

So began Illinois' journey into criminalizing certain speeding violations.

After the Class A misdemeanor law took effect, for the next eleven years there remained only two types of basic speeding tickets in the Illinois Vehicle Code: petty offenses and Class A misdemeanors. During this entire period of time, drivers remained eligible to receive court supervision for either class of offense. A driver could receive court supervision even for driving 40 or more miles per hour over the speed limit.

Then, on January 1, 2011, Illinois added another class of speeding ticket to the books- the Class B misdemeanor speeding ticket. Like Class A misdemeanors, Class B misdemeanors are punishable as crimes. Class B misdemeanor speeding tickets carry fines of up to $1500 and up to 180 days in jail.

Specifically, as enacted on January 1, 2011, Section 5/11-601.5(a) of the Illinois Vehicle Code made it a Class B misdemeanor offense to drive 30 miles an hour or more but less than 40 miles per hour over the speed limit. The Class A misdemeanor offense of speeding 40 or more miles per hour over the speed limit was relisted in Section 5/11-601.5(b).2

On January 1, 2011, not only did Illinois create the Class B misdemeanor speeding ticket, but it also took away the possibility of anyone found guilty of a Class A misdemeanor speeding ticket receiving court supervision for the offense.3 Class A misdemeanor speeding tickets thereby became non-supervisionable. Anyone found guilty of a Class A misdemeanor speeding ticket faced a mandatory conviction as a result.

On January 27, 2011, less than one month later, the legislature redefined Class B misdemeanor speeding tickets as speeding 31 (as opposed to 30) miles per hour or more but less than 40 miles per hour in excess of the speed limit.4

Having removed any possibility of court supervision from Class A misdemeanor speeding offenses, the Illinois legislature then followed suit with Class B misdemeanor speeding tickets.

This particular legislative maneuver occurred on July 1, 2013. From that date onward, anyone found guilty of a Class B misdemeanor speeding ticket no longer was allowed to receive court supervision for the offense.5

As a result, anyone found guilty of either a Class B or Class A misdemeanor speeding ticket could not receive court supervision and faced a mandatory conviction. Also on July 1, 2013, Illinois added a law prohibiting court supervision for anyone charged with speeding in excess of 25 miles per hour over the posted speed limit in an "urban district."6

Having first established misdemeanor-level speeding tickets, and then made them mandatory conviction offenses, Illinois continued to expand the scope of what constituted serious speeding in this State.

On January 1, 2014, Illinois lowered the speeds at which drivers could be charged with Class B and Class A misdemeanor speeding offenses. The range for Class B misdemeanor speeding offenses was lowered from between 31 and 39 miles per hour to between 26 and 34 miles per hour over the speed limit. The range for Class A misdemeanor speeding violations was lowered from 40 to 35 or more miles per hour over the speed limit.7 Now, anyone accused of speeding more than 25 miles per hour over the speed limit may be charged with a misdemeanor offense.

In a major shift, effective January 1, 2016, Illinois altered its policy and made court supervision permissible for many misdemeanor speeding offenses.8 At that time, Illinois banished the outright prohibition on court supervision for all misdemeanor speeding tickets, and changed the law to allow court supervision for such offenses as long as the person charged has not previously been convicted of or placed on court supervision for a misdemeanor speeding offense, and as long as the new offense did not occur in a "urban district."


1. Public Act 91-469, eff. 1-1-00. 2. Public Act 96-1002, eff. 1-1-11. 3. Public Act 96-1002, eff. 1-1-11. 4. Public Act 96-1507, eff. 1-27-11. 5. Public Act 97-831, eff. 7-1-13. 6. Public Act 97-831, eff. 7-1-13. 7. Public Act 98-511, eff. 1-1-14. 8. Public Act 99-212, eff. 1-1-16.


On January 1, 2000, Illinois established a new type of speeding ticket- the misdemeanor speeding ticket . . . So began Illinois' journey into criminalizing certain speeding violations.

~Attorney Matt Hoffman, the HoffmanLaw Office