How Serious Are Charges of Reckless Driving in Illinois?
In 2022, it was determined that at least 5 percent of all traffic accidents were directly caused by reckless driving. You may be under the impression that reckless driving charges are not all that serious. After all, it is simply a traffic offense, right? In fact, reckless driving is much more than a traffic violation; it is a criminal offense that can be charged as a misdemeanor or felony, depending on the circumstances. If you are facing charges of reckless driving, it is important that you speak to a knowledgeable Naperville, IL reckless driving lawyer.
What Is Reckless Driving?
Reckless driving includes driving any vehicle with intentional disregard for the safety and security of other drivers, pedestrians, or property. Under the statute, reckless driving can also be charged when a person deliberately causes his or her vehicle to become airborne. Some of the driving behaviors that are considered "reckless" include:
- Exceeding the posted speed limit by more than 35 mph
- Swerving on the roadway
- Carelessly changing lanes without looking for traffic or signaling
- Deliberately running traffic lights and stop signs
- Texting while driving
- Street racing
- Incidents of road rage
What Are the Legal Penalties for Reckless Driving?
Usually, reckless driving is charged as a Class A misdemeanor with penalties of up to a year in jail and a maximum fine of $2,500. However, if the reckless driving behaviors cause another person great bodily harm or permanent disability, the charge is a Class 4 felony. Injuring a child or an on-duty crossing guard also makes reckless driving a Class 4 felony.
Class 4 felonies carry a sentence of up to three years in prison and a maximum fine of $25,000. If a child or crossing guard suffered permanent disability as a result of reckless driving, the charges could be elevated to a Class 3 felony, which can result in up to five years in prison.
In addition to the criminal penalties, a reckless driving conviction could potentially lead to a driver’s license suspension. This usually only occurs if this is not a first offense for reckless driving. In the state of Illinois, anyone with three moving violations within a 12-month period could have his or her license suspended.
Are There Collateral Consequences from a Reckless Driving Conviction?
One of the most serious collateral consequences of a reckless driving conviction is that the driver’s insurance rates are sure to skyrocket for at least a few years. If the driver’s license is suspended as a result of the reckless driving conviction, he or she could potentially lose a job or have difficulty obtaining employment. These consequences can follow an individual for many years, making it especially crucial to maintain a clean driving record.
What Are Some Defenses to Reckless Driving?
While each situation is different and will require a unique defense specifically tailored to the facts and circumstances, some of the most common defenses for reckless driving include:
- The driving may have been careless, but it does not rise to the level of reckless driving.
- The driver was driving fast out of necessity—for an emergency or in an attempt to flee someone who meant to cause you harm.
- The radar reading was incorrect due to lack of calibration or lack of officer training.
- The driver was distracted and did not intend to drive recklessly.
Contact a DuPage County, IL Reckless Driving Lawyer
If you are facing reckless driving charges in Illinois, do not wait, hoping everything will turn out okay. This is virtually never a good strategy. Speak to a Naperville, IL reckless driving attorney from Appelman Law LLC who will zealously advocate on your behalf.
Attorney Appelman has a master’s degree in forensic psychology in addition to his law degree, along with a proven track record and unwavering dedication to his clients. Schedule your free consultation by calling 630-717-7801.