ILLINOIS PUBLIC LEGAL GUIDE · CITIZEN & DRIVER REFERENCE

Most Common Illinois Traffic & Criminal Offenses

Authoritative Illinois statutory reference for speeding ticket brackets, DUI penalties, driving while suspended, uninsured motor vehicle fines, cell phone citations, retail theft, and cannabis limits.

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625 ILCS 5/11-601

Petty Offense Preset Fine

Speeding (1 to 25 MPH Over Limit)

Fine / Bail: $164 standard preset bail; satisfied by mail or court diversion
Court Appearance: Not mandatory under Supreme Court Rule 551
Driver License Action: Recorded as moving violation; 3 moving violations in 12 months triggers suspension

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625 ILCS 5/11-601.5(a)

Class B Misdemeanor Rule 551 Mandate

Excessive Speeding (26 to 34 MPH Over Limit)

Statutory Penalty: Up to 6 months in county jail; fine up to $1,500
Court Appearance: Mandatory personal appearance under Rule 551 (cannot pay by mail)
Criminal Record: Criminal misdemeanor conviction; ineligible for standard mail-in supervision

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625 ILCS 5/11-601.5(b)

Class A Misdemeanor Rule 551 Mandate

Aggravated Speeding (35+ MPH Over Limit)

Statutory Penalty: Up to 364 days in county jail; fine up to $2,500
Court Appearance: Mandatory personal appearance before a judge under Rule 551
Legal Classification: Major criminal offense; eligible for court probation or jail sentence

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625 ILCS 5/11-501

Class A Misdemeanor Rule 551 Mandate

Driving Under the Influence (DUI)

Statutory Penalty: Up to 364 days in county jail; fine up to $2,500 (Class 4 to Class X if aggravated)
License Action: Statutory Summary Suspension (6 mos test fail / 12 mos test refusal); mandatory min. 1-year revocation on conviction
Relief: Monitoring Device Driving Permit (MDDP) with BAIID device available for first offenders

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625 ILCS 5/6-303

Class A Misdemeanor Rule 551 Mandate

Driving While License Suspended or Revoked

Statutory Penalty: Up to 364 days jail; fine up to $2,500; mandatory extension of suspension or revocation
Aggravated Penalty: Mandatory minimum imprisonment or community service if suspended for DUI or reckless homicide
Court Appearance: Mandatory personal appearance under Rule 551

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625 ILCS 5/3-707

Petty Offense Fines $500–$1,000

Operating Uninsured Motor Vehicle

Fine Range: Mandatory statutory fine of $500 to $1,000 ($1,000 for 3rd or subsequent offense)
License Action: Secretary of State 3-month driver's license suspension and $100 reinstatement fee
Court Appearance: Mandatory if involved in accident causing personal injury or property damage exceeding $1,000

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625 ILCS 5/12-610.2

Petty Offense Preset Fine

Electronic Communication Device While Driving

Fines: $75 (1st offense), $100 (2nd offense), $125 (3rd offense), $150 (4th+ offense)
Moving Violation Status: 1st offense is non-moving; 2nd and subsequent offenses count as moving violations
Aggravated Penalty: Class A misdemeanor if causing great bodily harm; Class 4 felony if causing death

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625 ILCS 5/12-603.1

Petty Offense Preset Bail

Failure to Wear Seat Safety Belt

Fine / Bail: $164 standard preset bail; satisfies charge without court appearance
Standard: Mandatory for all drivers and passengers aged 8 and older in front and rear seats
Moving Violation Status: Non-moving equipment violation; does not assess points toward license suspension

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720 ILCS 5/16-25

Class A Misd / Felony Rule 551 Mandate

Retail Theft ($300 Threshold)

Under $300 Value: Class A misdemeanor, punishable by up to 364 days in jail and fine up to $2,500
Over $300 Value: Class 3 felony (2 to 5 years IDOC prison) or Class 2 felony (3 to 7 years IDOC)
Prior History: Prior theft conviction elevates misdemeanor charge to Class 4 felony

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720 ILCS 5/12-3.2

SAFE-T Detainable Class A Misdemeanor

Domestic Battery

Statutory Penalty: Class A misdemeanor (up to 364 days jail); Class 4 felony if defendant has prior domestic battery
SAFE-T Act Detention: Pretrial detention eligible under 725 ILCS 5/110-6.1 upon State's Attorney petition
Permanent Record: Conviction is strictly non-expungeable and non-sealable under Illinois law

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Civil / Misdemeanor Quantity-Based

Cannabis Possession Limits & Penalties

Legal Limits (Adults 21+): Up to 30g raw cannabis, 5g concentrate, 500mg THC infused
Civil Law Violation: Unlawful possession of 10g or less is civil violation ($100–$200 fine; no arrest)
Criminal Offense: Over 30g up to 100g = Class A misdemeanor; over 100g up to 500g = Class 4 felony

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Frequently Asked Legal Questions

Practical legal information regarding Illinois citations, court procedures, and statutory rights.

Can I pay an Illinois speeding ticket online or by mail without going to court?

For standard speeding violations between 1 and 25 mph over the posted limit (petty offense), court appearance is generally not mandatory under Illinois Supreme Court Rule 551. Drivers may satisfy the ticket by paying the standard preset bail ($164) or applying for court supervision if eligible. However, speeding 26 mph or more over the speed limit is classified as a Class B or Class A criminal misdemeanor, requiring mandatory in-person appearance before a judge.

What are the penalties for driving without car insurance in Illinois (625 ILCS 5/3-707)?

Under 625 ILCS 5/3-707, operating an uninsured motor vehicle carries a mandatory statutory fine of $500 to $1,000 and an automatic 3-month driver's license suspension by the Illinois Secretary of State. Reinstatement requires paying a $100 fee and submitting proof of financial responsibility (SR-22 insurance) for 3 years. If the violation involves an accident with personal injury or property damage exceeding $1,000, court appearance is mandatory.

Is driving on a suspended license (625 ILCS 5/6-303) a misdemeanor or felony in Illinois?

Driving While License Suspended or Revoked (DWLS/DWLR) is typically a Class A misdemeanor, carrying potential penalties of up to 364 days in county jail and fines up to $2,500. Court appearance is strictly mandatory under Rule 551. If the license suspension or revocation originated from a DUI, statutory summary suspension, or reckless homicide, mandatory minimum jail or community service sentences apply, and repeat convictions are elevated to a Class 4 felony.

How much cannabis can an adult legally possess in Illinois without a criminal charge?

Under the Illinois Cannabis Regulation and Tax Act (410 ILCS 705/10-10), Illinois residents aged 21 and older may legally possess up to 30 grams of raw cannabis flower, 5 grams of concentrated cannabis, and 500 milligrams of THC in cannabis-infused products. Non-residents are permitted half those amounts. Unlawful possession of 10 grams or less is a civil violation ($100–$200 fine), whereas possession over 30 grams up to 100 grams is a Class A misdemeanor.

What is the dollar threshold between misdemeanor and felony retail theft in Illinois?

Under 720 ILCS 5/16-25, retail theft of property valued at $300 or less is a Class A misdemeanor, punishable by up to 364 days in county jail and a fine of up to $2,500. If the value of the stolen merchandise exceeds $300, or if theft occurs using an emergency exit, or if the defendant has a prior theft conviction, the offense is charged as a Class 3 or Class 4 felony.