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In Illinois, there are whole host of traffic crimes that are punishable by a jail sentence that do not involve driving under the influence of alcohol. The most common of these jailable traffic offenses are driving while under license suspended, fleeing and eluding, reckless driving, , and aggravated speeding.
Driving While License Suspended
Driving while license suspended is a case that is handled very differently based upon whether the arresting agency is Chicago or a suburban agency or whether the case is prosecuted in Cook County or its collar counties.
Driving while license suspended can be a felony offense when the suspension is based upon a DUI, leaving the scene of an accident, or reckless homicide. In fact, even misdemeanor driving while license suspended based upon a DUI or reckless homicide often carry mandatory jail sentences even for first-time offenders.
Fleeing and Eluding
Fleeing and eluding is another traffic offense that is a misdemeanor but can become aggravated fleeing and eluding punishable as a felony. Fleeing and eluding requires two-or-more traffic violations during a time that a police officer is attempting to stop the driver.
Felony aggravated fleeing and eluding occurs when the State establishes certain aggravating factors such as turning off headlights during the fleeing and eluding.
Reckless driving requires willful and wanton disregard for the safety of others or property. Usually, the prosecution is required to establish at a minimum two-or-more traffic violations causing others to make evasive actions. More often than not, reckless driving is often a negotiated sentence following a DUI arrest.
Aggravated speeding is based upon the speed of the vehicle. Speeding in excess of 26 mph but less than 35 mph is a Class B misdemeanor. Aggravated speeding in excess of 35 mph is a Class A misdemeanor.
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