A speeding ticket is one thing. A criminal traffic charge is another. Lafata Law’s attorneys started their careers prosecuting traffic cases in DuPage County — and now defend clients facing everything from petty offenses to felony charges.
Not all traffic violations carry the same consequences. Some result in fines and points on a driving record. Others are criminal offenses that can lead to jail time, a permanent record, and long-term effects on employment and driving privileges. Understanding this distinction is essential for anyone who receives a ticket or citation in Illinois.
Lafata Law represents individuals facing traffic charges throughout DuPage County and the western suburbs. Both attorneys at the firm began their prosecution careers handling traffic cases in DuPage County courts. They later advanced through misdemeanor and felony divisions, accumulating over twenty years of combined experience and trying more than two hundred cases to verdict.
Petty traffic offenses are non-criminal violations that typically result in fines. Criminal traffic violations are misdemeanors or felonies that carry potential jail time and create a permanent criminal record.
Petty offenses include common citations such as speeding under the aggravated threshold, running a red light or stop sign, improper lane usage, following too closely, and equipment violations. These violations may add points to a driving record and affect insurance rates. If a driver accumulates too many violations, the Secretary of State may suspend driving privileges.
Criminal traffic offenses are more serious. Illinois law classifies certain driving conduct as misdemeanors or felonies based on the specific facts involved. The three most common criminal traffic charges are aggravated speeding, driving on a suspended or revoked license, and reckless driving.
Aggravated speeding occurs when a driver exceeds the posted speed limit by 26 miles per hour or more. Under 625 ILCS 5/11-601.5, this conduct is not a petty offense—it is a criminal charge.
Illinois law creates two tiers of aggravated speeding. Driving 26 to 34 miles per hour over the limit is a Class B misdemeanor. Driving 35 miles per hour or more over the limit is a Class A misdemeanor.
A conviction for aggravated speeding may result in fines, potential jail time, and a permanent criminal record. Because this is a criminal offense, the case proceeds through criminal court rather than traffic court. The stakes are significantly higher than a standard speeding ticket.
The attorneys at Lafata Law understand how prosecutors build aggravated speeding cases. They know what evidence the state relies on and where that evidence can be challenged. To discuss your case with a former prosecutor, contact Lafata Law for a confidential consultation.
Driving while a license is suspended or revoked is a criminal offense under 625 ILCS 5/6-303. The charge can range from a misdemeanor to a felony depending on several factors.
A first offense is generally a Class A misdemeanor. However, the charge may be elevated to a felony if the driver’s license was suspended or revoked due to a prior DUI, reckless homicide, or leaving the scene of an accident involving injury or death. The charge may also be elevated if the driver causes an accident resulting in personal injury.
Repeat violations carry increasingly serious consequences. A second or subsequent offense under certain circumstances can result in a Class 4 felony charge. In cases involving multiple prior convictions related to DUI or reckless homicide, the charge can escalate to a Class 2 or even Class 1 felony.
Beyond criminal penalties, a conviction for driving on a suspended or revoked license can extend the period of suspension or revocation. The Secretary of State may add additional time before the driver becomes eligible for reinstatement. This creates a compounding problem that becomes harder to resolve over time.
Reckless driving occurs when a person drives with willful or wanton disregard for the safety of persons or property. Under 625 ILCS 5/11-503, this also includes knowingly using an incline in the roadway to cause a vehicle to become airborne.
A standard reckless driving conviction is a Class A misdemeanor. The offense becomes a Class 4 felony if the conduct causes bodily harm to a child or a school crossing guard performing official duties.
Aggravated reckless driving applies when the violation results in great bodily harm, permanent disability, or disfigurement to another person. This is also a Class 4 felony. If the victim is a child or school crossing guard, the charge rises to a Class 3 felony.
Reckless driving charges often involve subjective judgments about driving behavior. What one officer considers reckless, another might not. This creates opportunities for a thorough defense strategy.
For petty traffic offenses, many drivers choose to pay the fine and move on. This approach carries some risk. Accumulated violations can lead to license suspension, and convictions remain on driving records for years.
For criminal traffic violations, legal representation is essential. A Class A misdemeanor can result in up to a year in jail. Felony charges carry even more serious consequences. A conviction creates a permanent criminal record that affects employment, housing, and professional licensing.
Criminal traffic cases also involve procedural complexities that differ from civil traffic court. The state must prove its case beyond a reasonable doubt. Evidence must be properly obtained and preserved. Constitutional protections apply. An experienced traffic ticket attorney understands these requirements and can identify weaknesses in the state’s case.
The attorneys at Lafata Law began their legal careers prosecuting traffic violations in DuPage County. They handled hundreds of cases before advancing to misdemeanor and felony prosecution. This background provides a strategic advantage.
Former prosecutors understand how the state builds cases. They know which evidence is essential and which is vulnerable to challenge. They understand how prosecutors evaluate cases, what factors influence charging decisions, and how plea negotiations typically proceed.
This experience allows for a prepared and strategic defense. Rather than guessing what the prosecution might do, the defense can anticipate and respond effectively. This knowledge benefits clients facing any traffic charge, from aggravated speeding to felony driving on a revoked license.
Criminal traffic offenses require prompt attention. Deadlines apply. Evidence can be lost. Early intervention often produces better outcomes. Anyone facing aggravated speeding, driving on a suspended or revoked license, reckless driving, or other criminal traffic charges in DuPage County should consult with an experienced attorney as soon as possible. Contact Lafata Law to schedule a confidential consultation and discuss defense options.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Each case is unique and must be evaluated based on its specific facts. Prior results do not guarantee similar outcomes. For advice regarding your situation, consult with a licensed attorney.
Whether you’re facing DUI charges, going through a divorce, or dealing with other legal matters, we’re here to help. Schedule your confidential consultation today. We respond the same day and maintain strict confidentiality.
