Speeding 35 MPH or More Over the Limit in Illinois: What You’re Really Facing

 Posted on August 19, 2026 in Uncategorized

Getting a speeding ticket is stressful. But if you are accused of driving 35 miles per hour or more over the posted speed limit in Illinois, you are no longer dealing with an ordinary traffic ticket.

You are facing a Class A misdemeanor criminal charge.

Illinois law draws a clear distinction based on how far over the speed limit a driver is accused of traveling. Under 625 ILCS 5/11-601.5:

• Driving 26–34 mph over the speed limit is a Class B misdemeanor.
• Driving 35 mph or more over the speed limit is a Class A misdemeanor.

That distinction matters. A charge of speeding 35+ mph over the limit carries substantially greater potential consequences than an ordinary speeding ticket and should be taken seriously from the beginning.

If you received this type of speeding charge in Naperville, Wheaton, Joliet, or elsewhere in DuPage or Will County, understanding what you are actually facing is the first step toward deciding how to handle your case.

Is Speeding 35+ MPH Over the Limit a Criminal Offense in Illinois?

Yes.

This is one point worth stating very clearly because drivers sometimes assume that speeding—even extreme speeding—is always just a traffic ticket.

It isn't.

Under Illinois law, driving 35 mph or more above the applicable maximum speed limit is a Class A misdemeanor.

For example:

• 70 mph in a 35 mph zone = 35 mph over
• 80 mph in a 45 mph zone = 35 mph over
• 90 mph in a 55 mph zone = 35 mph over
• 105 mph in a 70 mph zone = 35 mph over

Each crosses the statutory threshold for a Class A misdemeanor speeding charge.

That is why simply treating the citation like an ordinary speeding ticket can be a mistake.

What Are the Potential Penalties?

Because speeding 35 mph or more over the limit is a Class A misdemeanor, Illinois law authorizes a sentence of less than one year in jail and a fine of up to $2,500, among other sentencing possibilities.

That does not mean someone charged with 35+ over will automatically go to jail or receive the maximum fine.

The outcome of an individual case can depend on numerous circumstances, including the driver's record, the alleged speed, the location and circumstances of the offense, the prosecutor, the judge, and what resolution can ultimately be negotiated or obtained.

But the potential penalties illustrate why the charge is fundamentally different from a routine petty speeding offense.

What Is the Difference Between 21–25, 26–34 and 35+ MPH Over?

This is one of the most important distinctions Illinois drivers should understand.

21 to 25 MPH Over

A speeding citation in this range does not fall under the misdemeanor classification created by Section 11-601.5 merely because of the amount over the limit.

26 to 34 MPH Over

Driving 26 mph or more but less than 35 mph above the applicable speed limit is a Class B misdemeanor under Illinois law.

35 or more MPH Over

At 35 mph or more above the applicable speed limit, the charge becomes a Class A misdemeanor.

This is the most serious of these three speeding categories.

The important takeaway is simple: In Illinois, the difference of even one mile per hour can change the classification of a speeding charge.

A driver accused of going 34 mph over is within the Class B misdemeanor provision. At 35 mph over, the offense falls within the Class A misdemeanor provision.

Will I Have to Go to Court?

A misdemeanor speeding charge should not be approached the same way as a routine ticket that a driver might simply pay online.

The case proceeds through the court system, and the specific appearance requirements can depend on the court, the charge, and how the case is being handled.

For many people, this is their first experience with a criminal traffic case. Questions about what happens in court, what the judge will ask, and whether an attorney can assist with the appearance are therefore extremely common.

Can I Get Court Supervision for Speeding 35+ Over?

This question requires more nuance than a simple yes or no.

Illinois law allows courts to enter supervision in appropriate cases when a defendant is legally eligible, but supervision is not automatic. Eligibility and the ultimate disposition can depend on the circumstances of the offense, the driver's history, prior supervision or convictions, and other statutory restrictions. Illinois law also contains specific provisions concerning supervision and violations of Section 11-601.5.

In other words: Do not assume that because someone else received supervision on a speeding case, the same result will necessarily be available in yours.

The facts and driving history matter.

Should I Just Plead Guilty?

Before pleading guilty to a Class A misdemeanor speeding charge, it is important to understand exactly what disposition is being entered and what consequences may follow.

The objective in a traffic case is often not simply to "get it over with."

Depending on the circumstances, an attorney may examine issues including the alleged speed, the method used to determine speed, the driver's record, the circumstances surrounding the stop, and what negotiated resolutions may be available.

There are no guaranteed outcomes. But understanding the charge before resolving it can make an enormous difference.

What Can a Traffic Attorney Do in a 35+ MPH Over Case?

Every case is different, but an attorney can review the charge and circumstances, examine the driver's record, identify potential legal or evidentiary issues, communicate with the prosecutor, determine what resolutions may be available, and advocate for the best realistic outcome under the circumstances.

For someone with a relatively clean driving history, preserving that record may be especially important.

For someone with prior tickets, supervision, or convictions, the analysis may be different.

The important point is that 35+ mph over is not simply a ticket to ignore or automatically pay. It is a criminal misdemeanor charge that deserves a deliberate strategy.

Local Traffic Defense in Naperville, Wheaton and Joliet

Traffic cases can vary based not only on the charge but also on the courthouse and county where the citation is pending.

The Law Office of Craig L. Boston represents motorists facing traffic charges in DuPage County and Will County, including cases heard in and around Naperville, Wheaton, and Joliet.

Understanding the local court process, reviewing the driver's history, and identifying realistic objectives before the case is resolved are important parts of defending a serious speeding charge.

Frequently Asked Questions

Is 35 MPH over the speed limit a felony in Illinois?

No. Driving 35 mph or more above the applicable speed limit is a Class A misdemeanor, not a felony. It is nevertheless a criminal offense and carries substantially more serious potential consequences than an ordinary petty speeding ticket.

Can you go to jail for speeding 35+ MPH over in Illinois?

Because the offense is a Class A misdemeanor, Illinois law authorizes a sentence of less than one year of imprisonment. That does not mean jail is automatic or that every person convicted of the offense will receive jail time. The actual outcome depends on the circumstances of the particular case.

Can I get court supervision for speeding 35 MPH or more over the limit?

Court supervision may be legally available in some Section 11-601.5 cases, but it is not guaranteed, and Illinois law contains eligibility restrictions that can depend on the driver's circumstances and history. Whether supervision is available or realistic should therefore be evaluated on a case-by-case basis.

Charged With Speeding 35+ MPH Over in Illinois?

If you have been charged with driving 35 mph or more over the speed limit, you are facing a Class A misdemeanor—not an ordinary traffic ticket.

Before deciding how to handle the charge, it makes sense to understand the possible consequences and the options that may be available in your particular case.

Contact Our Naperville, IL Traffic Defense Attorney Today

The Law Office of Craig L. Boston represents motorists facing speeding and other traffic charges throughout DuPage and Will Counties, including Naperville, Wheaton, and Joliet.

Contact our Will County speeding ticket defense lawyer by calling 630-445-2295 to discuss your traffic case and learn what options may be available.