The state of Illinois addresses reckless driving as a criminal offense, carrying varying degrees of penalties based on the nature of the damages (if any) caused in conjunction with the reckless driving offense, as well as the nature of any victims.
The Illinois Compiled Statutes, Section 11-503, outline the definition of reckless driving as any operation of a vehicle that exhibits disregard for the safety of others or their property in a wanton or willful manner. A specific subsection notes that any attempt to use an incline on a roadway to project a vehicle airborne as reckless driving as well.
If the reckless driving charge is incident to causing injury or bodily harm to a school crossing guard or student in a school zone, it is enhanced to a Class 4 felony. If the damages caused to the student or school crossing guard are considered great bodily harm, Class 3 felony charges are applicable. If the reckless driving act causes great bodily harm to another, Class 4 felony charges are applicable as well.
|
Offense/Violation |
Classification |
Criminal Penalties |
Points Applied to License |
Other Administrative Penalties |
|
Reckless Driving |
Class A Misdemeanor |
Possible incarceration of not more than 1 year, with fines not to exceed $2,500 |
55 |
License suspension, case-specific length of time |
|
Reckless Driving |
Class 4 Felony |
Incarceration of 1 to 3 years, with fines not to exceed $25,000 |
55 |
License suspension, case-specific length of time |
|
Reckless Driving |
Class 3 Felony |
Incarceration of 2 to 5 years, with fines not to exceed $25,000 |
55 |
License suspension, case-specific length of time |
Reckless driving in Illinois results in license revocation (indefinite loss of license, able to attempt reinstatement after one year) upon three convictions within one year. However, three traffic violations within a one-year period in Illinois will result in license suspension for a case-specific length of time, pending the amount of points a driver has incurred via the three violations. Given that the threshold for suspension stands at more than a total of 14 points from three offenses causing a suspension of two-months, drivers with a 55-point reckless driving conviction face license suspension of at least three months, and possibly longer depending on the point total from any other offenses.
Addressing a reckless driving charge will revolve around mitigating the criminal fallout from the charges first, and by extension, addressing the administrative fallout concerning licenses. In practice, reckless driving charges are commonly resolved via favorable plea agreements which prevent incarceration, and in certain cases, reduce the criminal charges faced into potential non-criminal traffic violations. However, any option for dealing with a reckless driving charge should come directly from a lawyer who has reviewed all the case-specific aspects.
Given the serious nature of even a Class A misdemeanor conviction, people charged with reckless driving should immediately seek the advice and representation of legal counsel. With legal counsel drivers have historically fared well in the courts in terms of obtaining favorable plea agreements or outright dismissal of the charges. For more information on how your case may be helped by an Illinois reckless driving attorney , contact one to learn more.