NOTE: This article contains new content to reflect Illinois law after Public Act 101-0172 became effective on January 1, 2020. Since that date, this Act increased the penalties for traffic offenses committed in highway construction or maintenance zones (625 ILCS 5/11-908).
Street racing is a criminal offense in the Illinois Vehicle Code with very serious penalties. The law is 625 ILCS 5/11-506, and it prohibits any person from engaging in street racing on any highway in the State of Illinois. In this context, a highway generally can refer to just about any public road.
It is also against the law for a vehicle owner to allow another person to use their car for street racing. Though the vehicle owner must know – or have a reason to know – that their vehicle will be used for street purposes.
What is the legal definition of street racing?
Street racing is defined as any of the following factual scenarios:
- Two or more vehicles driving side by side in a contest of speed or distance;
- Two or more vehicles competing on a course measuring speed or acceleration within a distance or time limit;
- One vehicle or more attempting to outgain or outdistance another;
- One vehicle or more preventing another from passing;
- One vehicle or more used to reach a destination before another;
- One vehicle or more used to test the stamina of the drivers over long distances.
What are the penalties & sentencing for street racing in Illinois?
The sentence for street racing is a Class A misdemeanor, which carries a punishment of up to one year in jail and a $2,500 fine. In certain cases, the court is allowed to impose a sentence of community service.
A person who allows another person to use their vehicle for street racing is guilty of a Class B misdemeanor. The penalty includes up to 180 days jail and a fine of $1,500.
The critical issue for street racing is that a conviction will cause the Secretary of State to revoke the defendant’s driver’s license for a minimum period of one year. The defendant will have to appear before a hearing officer in order to get their license reinstated.
Street racing is a felony offense called aggravated street racing on the second offense, which also has a mandatory minimum fine of $500. If the driver is involved in an accident and the result is great bodily harm or permanent disability or disfigurement, then the offense is an enhanced Class 4 felony with a sentencing range of 1-12 years in the Illinois Department of Corrections.
Additionally, if a driver commits street racing in a highway construction or maintenance zone, the potential fine can increase dramatically. The newly updated language of 625 ILCS 5/11-908 establishes a maximum fine of $25,000 for failing to proceed with due caution in highway construction or maintenance zones.
