In the interest of public health and safety, the State of Illinois has many rules and regulations that require safe driving conduct. Among many other traffic laws, Illinois specifically prohibits reckless driving conduct that puts other people or property in danger. Any driver who engages in this type of reckless behavior can face criminal punishment, including fines and/or incarceration.
What is the Definition of Reckless Driving in Illinois?
The Illinois definition of reckless driving appears under 625 ILCS 5/11-503. This section categorizes two types of dangerous behavior as reckless driving.
- First, reckless driving can occur when a person operates a motor vehicle in a “willful or wanton” manner. If the driver demonstrates a disregard for the safety of other people or property, it qualifies as reckless driving under Illinois law. This is the most common form of the charge and its ambiguous wording makes it fairly easy for an officer to charge and driver with it.
- Second, reckless driving can occur when a person intentionally propels their vehicle into the air. It does not matter whether the driver uses a road incline, railroad crossing, bridge, or hill. If the driver intentionally sends their vehicle airborne, it qualifies as reckless driving under Illinois law.
What are the Reckless Driving Penalties in Illinois?
The Illinois penalties for reckless driving offenses also appear under Section 5/11-503. This section traditionally categorizes reckless driving as a Class A misdemeanor. If convicted for this level of misdemeanor, the punishment can include up to 364 days in jail and $2,500 in criminal fines.
However, reckless driving can also become a felony crime under certain circumstances. For example, if a person commits reckless driving and causes bodily harm to a child or school crossing guard, it qualifies as a Class 4 felony in Illinois which is punishable by one to three years in prison and up to $25,000 in fines.
Unlike DUI offenses, reckless driving does not always result in driver’s license suspension or revocation. Because of this, defense attorneys often attempt to amend DUI charges to Reckless Driving charges to avoid any potential revocation, but if a reckless driving offender has two prior convictions for traffic violations within the preceding 12 months, they can lose their license for a period of time.
It is important to keep in mind that charges of Reckless Driving, just like DUI’s, are not expungeable or sealable with a finding of guilty. The only exception to this rule is if the offender of a Reckless Driving commits the offense before they are 25 years old.
What is the Definition of Aggravated Reckless Driving in Illinois?
The Illinois definition of aggravated reckless driving also appears under Section 5/11-503. For aggravated reckless driving to apply, the offense must involve great bodily harm, permanent disability, or disfigurement. When a reckless driver inflicts this type of severe injury, they will be subject to the escalated penalty structure for aggravated reckless driving offenses.
What are the Illinois Penalties for Aggravated Reckless Driving?
The Illinois penalties for aggravated reckless driving also appear under Section 5/11-503. This section traditionally categorizes aggravated reckless driving as a Class 4 felony. If convicted, the reckless driver will face the same punishment scheme explained previously.
That being said, the penalties for aggravated reckless driving can become even more severe. It is a Class 3 felony to commit aggravated reckless driving and inflict great bodily harm, permanent disability, or disfigurement on a child or school crossing guard. If convicted for this level of felony, the punishment can include a maximum of five years in prison and $25,000 in criminal fines.
