Is it Illegal to Drive Five MPH Over the Speed Limit? - Shuman Legal

Is it Illegal to Drive Five MPH Over the Speed Limit?

Last updated Monday, November 7th, 2022

Is it Illegal to Drive Five MPH Over the Speed Limit?

Speeding is illegal, even when it’s just a few miles over the limit. Sound crazy? While going five miles per hour (MPH) faster doesn’t make you a hardened criminal, it could cause trouble. You may not get a speeding ticket. However, if you’re in an accident while speeding (even five miles over), you could be held liable. Illinois has strict speeding laws in place. Such measures help protect pedestrians, bicyclers and skateboarders as well as motorists.

Were you injured in a car accident through no fault of your own? Was the other driver speeding? Let Shuman Legal® review your case. We have the resources to find out what happened. Our results speak for themselves.

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Illinois Speeding Laws

Are you a resident of Illinois? Do you frequently drive through this state? Listen up if you answered, ‘yes’ to either question. Think twice before zipping through this part of the Midwest. Illinois does more than frown on speeders. Hefty fines, assigned points and even license suspension is possible.

Signs are generally posted but there are basic rules. Unless signs say differently, speeding limits in Illinois are:

  • 70 MPH on Tollways and Highways
  • 65 MPH on Rural, Four-lane Highways
  • 55 MPH on Highways Close to Urban Areas
  • 45 MPH on Roads through Most Construction Zones
  • 30 MPH on Most Roads within Occupied Areas
  • 20 MPH on Roads through Active School Zones
  • 15 MPH on Alleyways

While speeding laws here don’t focus on going a few miles over the limit, they are strict. Police have tools to keep drivers in line. Speed is measured with radar, pacing and photos. Airplanes and lasers can also determine exact speeds.

Fines aren’t waived for going only five miles over. Expect ticket penalties of:

  • $120 When Driving as Little as One Mile (Yes, One) to 20 Miles Over the Limit
  • $140 When Speeding 21 to 25 Miles Over
  • Up to $1,500 and Six Months of Jail Time for Speeding 26 to 34 Miles Over the Limit (Considered a Class B Misdemeanor)
  • Up to $2,500 and a Year of Jail Time for Speeding 35 MPH or More Over the Limit (Classifies as a Class A Misdemeanor)

Note: Figures listed above are only for tickets. Auto insurance costs can increase. You could be looking at a very expensive joyride.

Some Zones Are Monitored More Closely Than Others

Speeding isn’t sensible. But there are times when it’s essential to stay in check. Certain zones have much lower limits. The boys in blue could be just out of sight. A nasty ticket could be in your future if you pump the gas here.

When it comes to the importance of driving safe speeds, watch yourself around workers and kids. Construction zones and school zones are heavily monitored. Next comes emergency and maintenance vehicles. You must act when one of these vehicles is pulled over to the side. If you can’t safely veer into a further lane, slow down as you approach.

Finally comes funeral processions. Slow down to understand the flow of traffic. Sometimes you need to stop completely. You must yield until police officers give the all clear.

Construction Zones

Illinois gives the stink eye to construction zone speeders. Sometimes called work zones, these are designated areas for building or maintenance. Unless posted otherwise, speed limits are 45 MPH. This number can change when workers are onsite or driving hazards occur.

Think an empty job site is an excuse to speed? Think again. You’re expected to obey posted speed limits at all times of the day and night.

Work zone ticket fines start at $375 the first time you’re caught. The second time gets uglier- $1,000 and up. If you get two of these tickets within two years, it’s bye-bye license. Your driver’s license is then suspended for 90 days.

And don’t forget court costs! Making a cameo in court is mandatory. You face a traffic court judge. Fees for everyone’s time is passed on the offender.

School Zones

Exceeding 20 MPH in active school zones will get you more than detention. Speed limit signs are posted. These black and white signs are highlighted with yellow. Going five miles over here puts a big target on you.

These areas aren’t always off limits for driving regularly. Holidays, nights, weekends and vacation periods provide a green light. These zones may be considered active weekdays from 6:30 am to 4 pm.

What places count as schools here? Illinois doesn’t discriminate. Schools can be private or public. Nursery schools, universities and everything in between are included. Religious schools make the grade too.

According to Illinois Statute: 625 ILCS 5/11-605, penalties for speeding in a school zone are:

  • At Least a $150 Fine for First-time Offenders
  • At Least a $300 Fine for Repeat Offenders

If caught driving 26 to 34 miles over, you’ve committed a Class B misdemeanor. You could be fined at least $1,500 and get a six-month stay in jail. If found driving 35 miles or more over, you’ve committed a Class A misdemeanor. This violation could start at $2,500 and up to a year in jail. Court costs aren’t included in these figures.

How Does Illinois View Car Accident Negligence When Speeding?

Each state takes a different view on blaming a driver for an accident. Some states like Florida are considered no-fault. Illinois is different. Drivers aren’t that lucky here.

An accident in another state may be considered a random event. Accidents in Illinois blame at least one party. Guilty – innocent – are these just labels? No! If you’re named at fault, you could be liable for:

  • All Vehicle Damages
  • Medical Bills of Everyone Who Was Injured
  • Personal Property Damages

Speeding isn’t the only reason for accidents. The contributory negligence statute is observed in Illinois. Everyone at fault may first be viewed as potentially negligent. Facts are reviewed.

Say you were in an accident. Even if you were speeding five miles over, another driver may be mainly charged because he was doing something worse.

How to Prove the Other Driver’s Negligence?

Were you injured in an accident that wasn’t your fault? Quality legal representation is your best shot at a good settlement. TV dramas make law look fun and easy- it’s not. Proving another driver is to blame takes specific skills, hard work and dedication.

Our firm continues winning these types of car accident cases. Some steps our attorneys take may include:

  • Enlisting Specialists to Testify on Your Behalf
  • Finding Traffic Camera Footage of Your Accident
  • Getting Your Complete Set of Medical Records
  • Having the Police Report Handy
  • Taking Sharp Photos of Damages, Injuries and the Scene
  • Tracking Down Eyewitnesses and Interviewing Them
  • Uncovering Black Box Data if Possible


Speeding’s illegal- period. You’re lucky if you speed and haven’t had tickets or been in an accident. But like most things, luck doesn’t last.

A measly five can wind up costing you. Speeding isn’t affordable in Illinois like it may be in some states. The best way out of a jam is hiring professional help. Shuman Legal® attorneys understand the stress tickets can bring. Contact us to get your case reviewed for free. We make clients our number one priority!

Get Our Team, Working In Your Favor

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