Sec. 5. Any person, firm, co-partnership, or corporation violating the provisions of this Act shall be guilty of a Class A misdemeanor.
Under Illinois law, 425 ILCS 35/5 (Violation-punishment section) is classified as a Petty Offense. Statutory sentencing scope: No incarceration authorized · Fine up to $1,000. Court appearance is not mandatory (pre-set bond or notice to appear), and pretrial release is presumptively release-eligible under the SAFE-T Act.
No incarceration authorized · Fine up to $1,000
Personal appearance is not mandatory under Rule 551 by default. The citation may be satisfied by written appearance, pre-set administrative payment, or mail-in notice unless aggravated circumstances apply.
Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.
No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.
| Offense Description | Class | Court Mandate | SAFE-T Act | Reporting Code | Official ILGA |
|---|---|---|---|---|---|
| Violation-punishment section Official ILGA · 425 ILCS 35/5 -> | Petty Offense | Release on Notice | Release Eligible | — | ILGA.gov -> |
(Source: P.A. 94-658, eff. 1-1-06; 95-331, eff. 8-21-07.)
Under Illinois law, 425 ILCS 35/5 (Violation-punishment section) is classified as a Petty Offense.
Sentencing Scope: No incarceration authorized · Fine up to $1,000
No Mandatory Court Appearance (Pre-Set Bond / Notice to Appear): Personal appearance is not mandatory under Rule 551 by default. The citation may be satisfied by written appearance, pre-set administrative payment, or mail-in notice unless aggravated circumstances apply.
Presumptive Pretrial Release: Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.
Standard Administrative Protocol: No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.
Standardized legal citations for briefs, court pleadings, law enforcement documentation, and academic research.
425 ILCS 35/5 (West 2026)
425 Ill. Comp. Stat. 35/5 (2026)
https://ilcsindex.com/statutes/425-ilcs-35-5