Traffic Crimes With Jail Time in Illinois

 Posted on December 08, 2025 in Criminal Defense

You might not think of a traffic offense as a major infraction, but many of these violations carry significant penalties, including jail time and a criminal record. If you have been accused of a traffic crime, a Waukegan, IL criminal defense lawyer can discuss your case and explore legal strategies to protect your freedom.

At Law Office of Theodore S. Potkonjak, our attorney has over 40 years of legal experience and previously served as a judge and prosecutor for the Lake County State's Attorney's Office. We know the penalties associated with traffic crimes, and we can represent you in court to pursue reduced or dismissed charges.

Three Traffic Crimes You Can Go to Jail For in Illinois

Reckless Driving

If you are accused of driving unsafely in Illinois, you could face prosecution under the state’s reckless driving statute (625 ILCS 5/11-503). The difficult part about a reckless driving charge is that the definition is very broadly worded, so you could be charged with this offense for a variety of different acts, like swerving between lanes, speeding, or disregarding traffic signals.

Reckless driving is a Class A misdemeanor, which carries up to a year in jail for a conviction. However, if somebody ends up seriously injured in an accident caused by reckless driving, it becomes a Class 4 felony, carrying one to three years in prison.

Driving Under the Influence

In Illinois, drunk driving is punishable by more than just a ticket. For a first DUI with no aggravating circumstances, offenders are subject to Class A misdemeanor penalties on a conviction. Aggravated DUI charges apply when certain factors are present, such as drunk driving with a passenger under 16, which can escalate the charge to a Class 4 felony.

A third or subsequent DUI is treated much more seriously. These are prosecuted as a Class 2 felony with three to seven years of incarceration. Since DUI convictions cannot be expunged under Illinois law, you need a good lawyer. 

Aggravated Speeding

Most people tend to think of speeding as just a ticket rather than a criminal offense. However, in Illinois, driving more than 26 miles above the speed limit carries Class B misdemeanor penalties of up to 180 days in jail. At 35 miles above the speed limit, the charge escalates to a Class A misdemeanor.

Challenging a criminal speeding charge may involve scrutinizing the officer’s testing methods. Attorney Ted Potkonjak can review the officer’s testimony; this may reveal issues with the radar or lidar used to estimate your speed. Other defenses may involve looking at external circumstances, like the absence of clear signage, or an emergency that justified speeding. 

Contact a Lake County, IL Traffic Crime Attorney

Many traffic crimes in Illinois carry lasting consequences. When your freedom is at risk, do not hesitate to seek legal representation. At Law Office of Theodore S. Potkonjak, we will do everything we can to help you avoid a harsh jail sentence, exploring all possible options to defend you in court. To schedule a free consultation with our Waukegan, IL criminal defense lawyer, call our offices at 847-263-1200 today.