Illinois has no road rage charge as local driver pushes for change
"Road rage" is not an official criminal charge in Illinois.
Police and prosecutors often have to rely on existing criminal or traffic statutes, such as those covering speeding or improper lane use, when responding to behavior commonly known as road rage.
Other states, including Utah, have recently passed laws enhancing penalties for offenses that occur in response to incidents on roadways.
A state police spokesperson clarified state law.
"The term 'road rage' is a behavioral term rather than a specific criminal charge under Illinois law. Road rage is defined as driving in an aggressive manner that could endanger the safety or property of others, usually involving a violation of the Illinois Vehicle Code or Illinois Compiled Statutes (laws)," the spokesperson said in an email.
State police encourage drivers not to engage with aggressive drivers and instruct them to call 911 and provide a vehicle description, license plate and direction of travel, if possible.
Local woman raising awareness
When Jennifer Smith experienced what she describes as road rage, the gray area in the law became personal for her, and she said she is trying to do something about it.
Smith said she did not get the support she wanted from police, and she has started a petition asking for legislative change.
Under the Illinois Compiled Statutes, one definition of reckless driving is, "A person commits reckless driving if he or she drives any vehicle with a willful or wanton disregard for the safety of persons or property."
The statute does not specify how to determine whether a driver is demonstrating "willful or wanton" disregard. It does stipulate that reckless driving is a Class A misdemeanor unless certain injuries occur, in which case it is a Class 3 or Class 4 felony.
On May 29, Smith was driving west on Interstate 64 when she entered a work zone. The right lane ended, requiring Smith to merge.
"The car behind me proceeded to start honking his horn obsessively. Once he was able to get around, he pulled alongside, continuing to honk, and then tried to knock me off the road," Smith said.
Cameras in Smith's Toyota Corolla recorded the incident, resulting in two videos the Intelligencer reviewed.
The front camera captured a white truck with both right wheels in Smith's lane, directly beside her car. Smith's car can be seen moving close to the shoulder before the truck picks up speed to pass her.
The rear video shows the truck gaining speed behind Smith while her speed remains nearly constant.
The videos do not have audio, so they do not independently confirm Smith's account that the driver honked at her for an extended period.
"I just kept my composure," Smith said, "trying not to pay any attention to him, because they tell you not to react."
When she got home, she called police to file a report. Local authorities told her to call the Illinois State Police because the incident occurred on the interstate. Smith said she called the state police office in Collinsville.
"When I first told them about it, their first response was 'what do you want me to do about it,'" Smith said.
The videos recorded the truck's license plate, which Smith was willing to provide to police. She wanted to file a report and have the truck driver held accountable for what she described as road rage and reckless driving.
The petition
Smith said she was told she could not file a report because police could not do anything unless she was injured.
"Do they want a body first?" Smith said. "It has to escalate to the point of getting hurt before you can file a police report. I want people to be able to file a report before. Even attempted road rage, or attempted assault should be a thing."
In response to an inquiry about the incident, a state police spokesperson said official police reports must be made in person, not over the phone. State police still encourage drivers to call 911 if they experience aggressive driving while on the road.
There were 348 fatal crashes in Madison and St. Clair counties from 2020 through 2024, according to National Highway Traffic Safety Administration data. While NHTSA data can be filtered by factors such as distracted driving, roadway departures and speeding, road rage and aggressive driving statistics are not available. Road rage is not a standardized crash category, making it difficult to determine how many crashes result from it.
Smith hopes to send her petition to legislators to seek more effective laws and processes regarding road rage. She is working to gather signatures. She needs at least 1,000, but she's hoping for more, and she's willing to pursue this cause for as long as it takes.
Her petition, which is addressed to members of the Illinois General Assembly, state officials and community leaders, calls for "stronger and more comprehensive laws addressing road rage and aggressive driving throughout our state."
The petition recommends several actions:
- Increasing penalties for aggressive driving behaviors such as tailgating, brake-checking, intentionally blocking vehicles, following motorists, making threats or attempting to force another vehicle from the roadway;
- Permitting the use of dashcam, surveillance and witness evidence to support investigations and enforcement actions;
- Requiring educational and anger-management programs for people convicted of road rage-related offenses;
- Improving statewide tracking and reporting of road rage incidents, including those that do not result in crashes.
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