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The Consequences of Reckless Driving in IllinoisPatrons at Woodfield Mall in suburban Chicago were alarmed when an SUV drove through the indoor shopping center, damaging several displays before it came to a stop at a pillar. The vehicle did not hit anyone, though three people were taken to the hospital. As of the last reporting on the story, the driver was in custody at a behavioral health center and would not be charged until he was released. Police said they do not know if it was a planned attack or if the driver has a mental illness, which could determine what the man is charged with. At the very least, the incident seems to qualify as reckless driving.

What Is Reckless Driving?

Illinois’ criminal code defines reckless driving as:

  • Driving with a willful or wanton disregard for people or property; or
  • Intentionally using an incline to become airborne, such as a hill, bridge approach, or railroad crossing.

Traveling over the speed limit by 35 miles per hour or more is also reckless driving. The charge can become aggravated if the driver injures someone during the incident. If the driver was legally intoxicated, then the charge will be driving under the influence instead.

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Reckless Driving Charge Needs Proof of IntentReckless driving is one of the more serious traffic offenses that you can be charged with. Illinois law defines reckless driving as a willful or wanton disregard for the safety of yourself and others. Examples of reckless driving include:

  • Traveling 35 miles per hour or more over the speed limit;
  • Swerving between lanes without signaling; and
  • Using an incline to become airborne.

A reckless driving conviction is a class A misdemeanor, punishable by as long as one year in jail and a fine of as much as $2,500. The charge becomes aggravated reckless driving — a class 4 felony — if someone is injured as a result of your reckless driving. Defending yourself against a reckless driving charge requires forcing prosecutors to provide evidence of your alleged driving behavior.

Pushing for Specifics

When you contest your reckless driving charge, prosecutors must explain what you did that constituted reckless driving and present proof of their accusations. There are typically three forms of evidence in a reckless driving case:

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