New Illinois Aggravated Speeding Law: Intelligent Speed Assistance Program Begins in 2028

Illinois drivers charged with aggravated speeding will face an important new potential driver’s license consequence beginning January 1, 2028. Under Illinois Public Act 104-0507, repeat aggravated-speeding offenders may become subject to a new Intelligent Speed Assistance Program administered by the Illinois Secretary of State.

The new law is particularly important for anyone charged with driving 26 mph or more over the speed limit in Illinois. A second qualifying offense within a 12-month period can trigger a driver’s license suspension and the use of technology designed to prevent a vehicle from exceeding the applicable speed limit.

What Is Aggravated Speeding in Illinois?

Under 625 ILCS 5/11-601.5, aggravated speeding occurs when a driver travels 26 mph or more over the applicable speed limit.

Unlike an ordinary Illinois speeding ticket, aggravated speeding is a criminal misdemeanor offense.

Driving 26 to 34 mph over the speed limit is a Class B misdemeanor, while driving 35 mph or more over the limit is a Class A misdemeanor.

Beginning January 1, 2028, certain repeat aggravated-speeding convictions can also result in significant Illinois Secretary of State license consequences.

What Is the Illinois Intelligent Speed Assistance Program?

Public Act 104-0507 creates the Intelligent Speed Assistance Program, or ISA Program. The new law generally applies when a driver commits two qualifying offenses within a 12-month period. A qualifying offense includes a conviction under Illinois’ aggravated-speeding statute involving driving 26 mph or more above the applicable speed limit, as well as certain substantially similar out-of-state offenses.

When the statutory requirements are met, the Illinois Secretary of State is required to suspend the driver’s license or driving privileges.

What Is an Intelligent Speed Assistance Device?

An Intelligent Speed Assistance (ISA) device is technology installed in a vehicle that determines the applicable speed limit through GPS, digital mapping, traffic-sign recognition, or other approved technology.

Unlike a device that merely warns a motorist that the vehicle is speeding, the Illinois ISA device is designed to actively prevent the vehicle from exceeding the applicable speed limit. The system does not control the vehicle’s brakes.

Drivers participating in the program may obtain an Intelligent Speed Assistance Permit allowing them to operate a properly equipped vehicle.

Importantly, unlike many traditional Illinois Restricted Driving Permits, an ISA Permit generally allows a participant to drive for any purpose and at any time, subject to the requirements of the statute and rules adopted by the Illinois Secretary of State.

How Long Does an Illinois Intelligent Speed Assistance Permit Last?

For a driver’s first enrollment, the Secretary of State imposes a 12-month suspension. However, the suspension may terminate after the driver successfully completes six consecutive months without a program violation while participating in the ISA Program.

The requirements increase for subsequent enrollments:

• First enrollment: Six consecutive violation-free months may terminate the 12-month suspension.
• Second enrollment: 12 consecutive violation-free months are required.
• Third or subsequent enrollment: 24 consecutive violation-free months are required.

Program violations can result in additional periods of participation or suspension.

Operating a vehicle without the required ISA device, or tampering with or attempting to circumvent the device, can also result in serious consequences, including potential Class A misdemeanor charges.

Why a Second Illinois Aggravated-Speeding Charge Can Be More Serious

The new law makes it particularly important to review a driver’s full driving record before an aggravated speeding case is resolved.

A conviction for driving 26 mph or more over the speed limit may have consequences beyond the criminal penalties imposed by the court. If the driver has another qualifying offense within the applicable 12-month period, the conviction may trigger an Illinois Secretary of State suspension and the Intelligent Speed Assistance Program.

The precise disposition of an aggravated-speeding charge can therefore become extremely important. A reduction of an aggravated-speeding charge to an offense that does not constitute a qualifying offense may affect whether the ISA provisions are triggered.

For this reason, a driver facing an Illinois aggravated-speeding charge should understand both the criminal consequences and potential driver’s license consequences before resolving the case.

Charged With Aggravated Speeding in Illinois?

The attorneys at The Davis Law Group, P.C. represent clients charged with aggravated speeding, misdemeanor speeding and other serious Illinois traffic offenses. Our practice also includes driver’s license suspensions and revocations, Restricted Driving Permits, driver’s license reinstatement proceedings, and formal and informal hearings before the Illinois Secretary of State.

If you have been charged with driving 26 mph or more over the speed limit in Illinois, particularly if you have a prior aggravated-speeding offense, it is important to determine how a conviction could affect both your criminal case and your Illinois driving privileges.

The new Illinois Intelligent Speed Assistance law takes effect January 1, 2028.

Contact the lawyers at The Davis Law Group, P.C. at (847) 390-8500 for a free consultation regarding an Illinois aggravated speeding or driver’s license matter.