If you are a driver in the United States, it is very likely that you will be pulled over by the police at some point during your driving years. Police cannot pull you over just for fun – they have to have a reason to do so. Most of the time, the reason they pull you over is because of a minor traffic infraction that results in a fine. Depending on why they pulled you over, the ticket can result in more severe consequences, such as criminal charges. Illinois has various traffic violations that can result in criminal charges, and one of those charges is reckless driving.

Reckless Driving in Illinois: Updated for 2025 

Reckless driving is a serious traffic offense in Illinois that can result in significant legal consequences, including hefty fines, a criminal record, and even jail time. While some traffic violations are considered minor infractions, reckless driving falls into a different category because of the danger it poses to public safety. Whether you are a driver in Illinois or simply want to understand more about the law, it’s important to grasp what constitutes reckless driving, how the law is enforced, and the penalties associated with it.

What is Reckless Driving in Illinois?

Under Illinois law, reckless driving is defined in Section 625 ILCS 5/11-503 of the Illinois Vehicle Code. The statute outlines two key behaviors that can result in a reckless driving charge:

1. Driving with “willful or wanton disregard” for the safety of persons or property, and
2. Using an incline in the roadway (such as a hill or ramp) to intentionally cause the vehicle to become airborne.

The first definition is broad and open to interpretation. The phrase “willful or wanton disregard” means that the driver knowingly engages in behavior that is likely to cause harm to others or damage to property. Importantly, this does not necessarily require that an accident or injury actually occurred—only that the driver’s behavior posed a serious risk.

The second definition is more specific and refers to a relatively rare but dangerous stunt: intentionally launching a vehicle off an incline or hill to make it go airborne.

Is Reckless Driving a Felony in Illinois?

Reckless driving in Illinois is a criminal offense, not merely a traffic infraction, and its classification as a misdemeanor or a felony hinges entirely on the specific circumstances of the violation. 

While a standard reckless driving charge is typically a Class A misdemeanor, certain aggravating factors can elevate the offense to a serious felony, carrying severe penalties that include extended prison sentences. Understanding this distinction is crucial for comprehending the gravity of dangerous driving in the state and the legal system’s commitment to public safety.

The foundation of Illinois’s reckless driving law is found in the Illinois Vehicle Code, specifically 625 ILCS 5/11-503. This statute defines reckless driving as operating a vehicle with a “willful or wanton disregard for the safety of persons or property.” 

This definition is broad, encompassing a wide range of dangerous behaviors, from excessive speeding and swerving through traffic to intentionally using an incline to make a vehicle airborne. In the absence of any other harmful outcomes, a conviction for this offense is a Class A misdemeanor, punishable by up to 364 days in county jail and fines of up to $2,500. This is the baseline for the offense, but it is far from the whole story.

The law provides for a significant escalation in charges when the reckless act results in harm to others. This is where the misdemeanor transforms into a felony. The statute outlines a clear pathway to what is often referred to as “aggravated reckless driving,” a term used to describe the felony versions of the offense. 

The first and most common trigger for a felony charge is when the reckless driving results in “great bodily harm, permanent disability, or disfigurement to another person.” Under this condition, the charge becomes a Class 4 felony. A conviction at this level can lead to a prison sentence of one to three years and fines of up to $25,000, in addition to other consequences like driver’s license suspension.

The law demonstrates an even greater level of protection for vulnerable individuals, particularly children and school crossing guards. When a reckless driving offense causes bodily harm to a child or an on-duty school crossing guard, the charge is automatically elevated to a Class 4 felony. 

The penalties are the same as those for causing great bodily harm to any other person, but the statute’s specific mention of these individuals highlights a legislative intent to protect those most at risk on or near Illinois roadways. This distinction is a critical component of the statute, creating a specific category of victims whose harm instantly raises the legal stakes.

The most severe form of reckless driving in Illinois, short of a reckless homicide charge, is also a felony and occurs when a driver’s actions result in “great bodily harm or permanent disability or disfigurement to a child or a school crossing guard while the crossing guard is performing his or her official duties.” 

In this specific and tragic scenario, the offense is elevated to a Class 3 felony. This classification carries the most serious penalties, with a potential prison sentence of two to five years and the same maximum fine of $25,000. The legal framework thus creates a tiered system of penalties, with the severity of the punishment directly correlating to the degree of harm caused and the status of the victim.

In conclusion, while reckless driving is generally a misdemeanor in Illinois, it is a crime with a clear and dangerous path to becoming a felony. The transformation from a Class A misdemeanor to a Class 4 or even Class 3 felony is not a matter of discretion but is mandated by the law when the reckless act leads to serious injury, especially to a child or a school crossing guard. 

This tiered structure demonstrates that Illinois law views reckless driving not just as a violation of traffic rules, but as a criminal act with consequences that can irrevocably alter lives. The distinction between a misdemeanor and a felony in these cases is the difference between a year in jail and a multi-year prison sentence, a stark reminder of the serious responsibility that comes with operating a motor vehicle.

The Broad Scope of Reckless Driving

One of the more challenging aspects of reckless driving laws in Illinois is that they do not list a comprehensive set of behaviors that are automatically classified as reckless driving—aside from the airborne vehicle provision. This gives law enforcement officers and courts discretion when determining whether a driver’s behavior crosses the line from careless or negligent to reckless.

Common examples of actions that may be considered reckless driving in Illinois include:

• Excessive speeding, especially when driving far above the posted speed limit or racing other vehicles;
• Running red lights or stop signs, or completely disregarding traffic signals;
• Erratic lane changes or weaving in and out of traffic without signaling;
• Tailgating, or following another vehicle too closely at high speeds;
• Texting or using a mobile device while driving, particularly when it leads to dangerous lane drifting;
• Driving under the influence of drugs or alcohol (though this can also be charged as a separate DUI offense);
• Aggressive driving, such as road rage, brake-checking, or confronting other drivers on the road.

While each of these actions might also be cited under other traffic laws, if they are especially dangerous or show blatant disregard for others’ safety, they can lead to a reckless driving charge.

How Is Reckless Driving Determined?

Because reckless driving is partly a subjective charge, the outcome of a case can depend heavily on the arresting officer’s observations, any available video footage (such as from dash cams or surveillance cameras), and witness statements. Courts will look at the totality of circumstances to decide if a driver’s actions meet the legal definition of reckless behavior.

For example, speeding alone might not be considered reckless unless it is combined with other factors—such as weaving between lanes or driving in a school zone. On the other hand, even driving at a legal speed could be deemed reckless if the road conditions are icy and the driver is tailgating another vehicle.

Penalties for Reckless Driving in Illinois

The penalties for reckless driving in Illinois can vary depending on the severity of the offense and whether it resulted in injury or property damage.

Class A Misdemeanor

In most cases, reckless driving is charged as a Class A misdemeanor, the most serious classification of misdemeanor offenses in Illinois. This level of charge carries:

• Up to one year in jail, and
• Up to $2,500 in fines.

In addition to these criminal penalties, a conviction may also result in points on your driving record, increased insurance premiums, and potential driver’s license suspension or revocation—particularly if it is not your first offense.

Class 4 Felony

Reckless driving can be elevated to a Class 4 felony if it results in:

• Great bodily harm,
• Permanent disability, or
• Disfigurement to another person.

This felony classification also applies if the reckless driving causes injury to a child or to an on-duty school crossing guard.

A Class 4 felony in Illinois carries:

• 1 to 3 years in prison, and
• Fines of up to $25,000.

Class 3 Felony

If the reckless driving results in permanent disability or disfigurement of a child or an on-duty crossing guard, the offense becomes a Class 3 felony. This is an even more serious charge that can lead to:

• 2 to 5 years in prison, and
• Fines of up to $25,000.

Convictions for either felony level can have long-term consequences beyond jail time and fines. Felony convictions can affect your employment prospects, housing opportunities, and other aspects of your life.

Additional Consequences

In addition to criminal penalties, drivers convicted of reckless driving may face:

• Loss of driving privileges: Depending on the circumstances and prior offenses, the Illinois Secretary of State may suspend or revoke your driver’s license.
• Increased insurance rates: A reckless driving conviction typically results in significantly higher auto insurance premiums—or even cancellation of your policy.
• Mandatory driving courses: Courts may order you to attend defensive driving or traffic safety classes.
• Civil liability: If your reckless driving caused injuries or damage to another person, you could be held liable in a civil lawsuit for damages.

Defending Against a Reckless Driving Charge

If you are charged with reckless driving in Illinois, it is essential to take the accusation seriously. Because the charge can result in a criminal record and substantial penalties, many people choose to consult an experienced traffic or criminal defense attorney.

Potential defenses to reckless driving charges may include:

• Lack of evidence or unreliable witness accounts;
• Arguing that your behavior did not meet the legal threshold for “willful or wanton” disregard;
• Challenging the legality of the traffic stop or arrest;
• Showing that external factors (e.g., weather conditions or mechanical failure) contributed to the incident.

Reckless driving is not just a traffic ticket—it’s a criminal offense that can impact your life in many ways. In Illinois, the law leaves room for interpretation, which means even seemingly minor actions can result in serious charges depending on the circumstances. Whether you’re a driver trying to stay within the bounds of the law or someone facing a charge, it’s critical to understand the scope and seriousness of reckless driving.

If you or someone you know is facing a reckless driving charge in Illinois, it is wise to seek legal counsel promptly to explore your rights and possible defenses. Staying informed about traffic laws and driving responsibly is the best way to avoid the severe consequences that can come with a reckless driving conviction.

Our Cook County Reckless Driving Defense Attorney Can Help

At the Fotopoulos Law Office, we know how serious a reckless driving charge can be. Even though there is the potential for a reckless driving charge to be a felony, even a misdemeanor charge can mean serious consequences. If you are charged with reckless driving, you need help from our skilled Tinley Park, IL, reckless driving defense lawyer. Call our office today at 708-942-8400 to set up a free consultation.

Sources:

Illinois Compiled Statutes