In 625 5 11 503 ILCS, Illinois law defines reckless driving as the offense of a person “driving any vehicle with a willful or wanton disregard for the security of individuals or property”; or “knowingly driving a vehicle and using an incline in a roadway, such as a railroad crossing, bridge approach, or hill, to cause the vehicle to become airborne.”
The Consequences of ILCS Reckless Driving
Although there are many mitigating circumstances, the probable effects of an ILCS reckless driving conviction depend upon the following:
- Was anybody injured?
- Who was injured?
- How badly were they injured?
Normally, a driver who is convicted of reckless driving Illinois potentially faces fines, jail time, and probation. Hiring a lawyer in the county in which the offense occurred, such as Kane County, ensures he or she is familiar with the area, as well as the local court.
What Is Considered Reckless Driving in Illinois?
To avoid repercussions, responsible drivers may be asking themselves: “What is considered reckless driving in Illinois?” There are a variety of examples of behavior that may be charged as reckless driving. These include, but are not limited to:
- Carelessly changing lanes without signifying
- Traveling at excessive speeds
You could be charged with reckless driving Illinois if you are doing anything else that could be considered negligent driving. An expert counselor may provide additional information.
An Attorney Explains: What Is Reckless Driving in Illinois?
State residents, as well as those “just passing through” may wonder, “What is reckless driving in Illinois?” Basically, a person can be convicted of “reckless driving” for driving a car with what is considered a “willful or wanton disregard for the safety of persons or property” or knowingly employing a roadway incline to “jump” a vehicle.
The statute uses the term “willful” to refer to intentional or purposeful behavior. The phrase “wanton disregard” means the person was aware that their behavior was risky and did it anyway. Since even a misdemeanor can have a series effect on your ability to seek employment, it is wise to engage the assistance of a skilled lawyer to improve your chance of having the charges dropped or reduced.
Could You Lose Your License Due to Illinois Reckless Driving?
In addition to the criminal penalties previously mentioned, an Illinois reckless driving conviction may result in the suspension or revocation of your driver’s license. In most areas of the U.S. and especially in the Midwest, having a driver’s license and means of transportation may mean the difference between keeping and losing your job.
Fortunately, this seldom happens for a first offense. If, however, you already have two strikes against you, it is a certainty. Illinois is a state that enforces the penalty for incurring 3 strikes (meaning 3 moving violations) within a 12-month period.
Due to this stipulation, it is wise to avoid getting any violations. A qualified attorney in Kendall County can advise you of your rights and options if you are fighting reckless driving charges there.
Reckless Driving Illinois Speeding Defined
625 ILCS 5/11-503 states that speeding 35 mph or more over the posted limit is reckless driving Illinois speeding. This is charged as a Class A Misdemeanor. If someone is injured due to the crime, he or she is charged with a felony.
Is a DUI Reduced to Reckless Driving Illinois Possible?
In many cases, it is possible to have a DUI reduced to reckless driving Illinois. Often, a DUI can be charged and prosecuted without a positive alcohol test. The main evidence here would be a police video showing the undeniably impaired driver. In situations like this, it’s possible for a motorist who is charged with a DUI to negotiate for the lesser charge of reckless driving.
Under Section 11-503 of the Illinois Vehicle Code, defendants charged with driving under the influence may receive a reduction of the charge to reckless driving. Although both crimes are Class A misdemeanors, the consequences are not similar.
In addition to the sentence can be a fine of up to $2,500 and up to a year in prison, a DUI conviction also has a mandatory revocation of your driver’s permit. Someone convicted for reckless driving usually maintains his or her license.
If you are facing charges, it is vital that you consult an experienced Illinois DUI defense lawyer. Whether or not you are guilty, a lawyer in your jurisdiction will be able to clarify the law, answer any questions, and develop the best defense for your situation.
Reckless Driving Illinois Class A Misdemeanor
Careless motorists without regard to the safety of others may be found guilty of a reckless driving Illinois Class A Misdemeanor. The fullest extent of the penalties includes a fine up to $2,500.00, up to 12 weeks of jail time, or both. For most people, reckless driving convictions would also impose one point in their license. For driver’s under the age of 21, however, that one point can immediately result in the suspension of their license.
With adequate legal representation, there’s the chance that you could merely receive “court supervision”. This means there would be no fine and no conviction on your record. This is a one-time solution and any future charges of reckless driving Illinois would be met with strict adherence to the usual sentencing.
Be Advised of New Illinois Driving Laws 2017
Traffic laws are subject to periodic changes and it is important to be aware of the new Illinois driving laws 2017. As with any law, ignorance of the law is no excuse for breaking it. In 2016, motorists were required to slow down or change lanes when passing a stationary emergency vehicle. In 2017, the law changed. Now, drivers must change lanes or slow down when passing any vehicle displaying its hazard lights.
2017 also saw an increase in the penalties for speeding in school and construction districts. If you’re driving 26-34 mph over the speed limit in construction zones, it’s considered a Class B misdemeanor. At 35 mph or more over the posted limit in a construction or school zone, you would be charged with a Class A misdemeanor. It is a jailable offense.
Those are just a couple of the new reckless driving Illinois laws. Contact an Illinois attorney for more comprehensive information.
Is Reckless Driving a Felony in Illinois?
Although most cases are charged as Misdemeanors, you may be wondering whether reckless driving is ever a Felony in Illinois. In fact, any time injuries are caused by someone’s reckless driving, the crime is charged as a felony. They range thusly:
- Deaths. Reckless driving that causes the death of another generally results in reckless homicide charges.
- Serious injuries to a child or crossing guard, including “great bodily injury,” permanent disability, or disfigurement that is caused by reckless driving Illinois is considered aggravated reckless driving. This is a class 3 felony and generally carries up to $25,000 in fines, two to five years in prison, and a maximum of 30 months on probation.
- Reckless driving that causes significant injuries to another that include “great bodily injury,” permanent disability, or disfigurement is charged as a Class 4 “aggravated reckless driving” Felony. Ordinarily, this sentence carries up to $25,000 in penalties, one to three years in prison, and a maximum of 30 months on probation, as well.
- Minor injuries to a child or on-duty crossing guard caused by a reckless driving offense is a Class 4 Felony with the same penalties as above.
Of course, each is charged and prosecuted on a case by case basis. The facts surrounding the case, the reason the ticket was issued, the accused person’s age and driving record, all contribute to the judge’s ruling. This is why, regardless of your circumstances, it is vital that you immediately seek the counsel of a lawyer experienced defending felony cases.
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