ilcs aggravated fleeing and eluding

Griffin testified that he rented Brown's car out to defendant in exchange for drugs. 76-31; s. 4, ch. Informational Videos by a DUI and Criminal Lawyer. Griffin stated that defendant had permission to use the car for only three hours; however, defendant never returned. (625 ILCS 5/11-204.1) (from Ch. (a) The offense of aggravated fleeing or attempting to elude a peace officer is committed by any driver or operator of a motor vehicle who flees or attempts to elude a peace officer, after being given a visual or audible signal by a peace officer in the manner prescribed in subsection (a) of Section 11-204 of this Code, and such flight or attempt to elude: (5) involves the concealing or altering of the. I was going to drive the car and then get rid of it. In other words, these offenses are considered serious enough that you wont get points your license will automatically be suspended or revoked if you are convicted. Code; 7 or. The State's Attorney has shown me a picture of the car I got from Lil Moe, Exhibit One. (b)(1), (b)(2), (e)(1), (e)(2), (e)(3), (e)(4), (e)(5), (e)(6), or (e)(7) of Section Murphy stated that he got behind the vehicle, which turned down an alley, and activated his emergency equipment. Generally, the State only needs to show the vehicle was used in the offense to win a forfeiture case. 106, 538 N.E.2d 481 (1989). Aggravated Fleeing and Eluding charges can usually be reduced or completely dropped depending upon the specific facts. The offense of fleeing or attempting to elude a peace officer is a Class A misdemeanor in Illinois. An automatic extension of time for filing a return granted under paragraph (a) of Establishing via cross examination that my client did not take evasive actions. The State later added a fourth count of first-degree murder. And if any of the following factors are present, even if its your first offense, you can face a felony charge of fleeing or eluding police: If you do any of the above, youll face an aggravated charge, which is a Class 4 felony punishable by up to three years in jail and fines up to $25,000. In People v. Lowery, 178 Ill.2d 462, 467, 227 Ill.Dec. Prior to your court date, you need to hire an attorney to represent you. I would most (), 2023 DDT Law Group, LLC. (aggravated criminal sexual abuse), Section 11-6 (indecent solicitation of a child), FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. The Commissioner may terminate an automatic extension at any time by mailing to People v. Rodriguez, 169 Ill.2d 183, 186, 214 Ill.Dec. Penalties can also be increased based on certain factors. Ultimately, the determination of whether a particular underlying felony involves the use or threat of physical force or violence is centered upon the manner in which the predicate offense is carried out. Any person convicted of a second or subsequent violation of this Section shall be guilty of a Class 3 felony, and upon notice of such a conviction the Secretary of State shall forthwith revoke the drivers license of the person convicted, as provided in Section 6-205 of the Code. 539 (1935); People v. Hickman, 59 Ill.2d 89, 319 N.E.2d 511 (1974); People v. Dekens, 182 Ill.2d 247, 252, 230 Ill.Dec. How Do I Get My Suspended Drivers License Back? Vehicles -204.1.Aggravated fleeing or attempting to elude a peace officer - last updated January 01, 2019 491, 687 N.E.2d 973. Necessary cookies are absolutely essential for the website to function properly. Aggravated Fleeing and Eluding that involves a second offense results in a license suspension of 12 months. Class A misdemeanors carry the possibility of up to a year in jail and fines up to $2,500. Contact us. Brewton saw two men running across the street. Learn more about FindLaws newsletters, including our terms of use and privacy policy. When I got to the alley on Ashland I could see the police car behind me. Actions that bring this charge about include if a driver: Consulting an experienced defense attorney is essential if you face an Aggravated Fleeing or Eluding charge. Criminal Offenses -1.Property subject to forfeiture on Westlaw, ABA Votes To Keep Admission Tests Requirement, The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. or aircraft for purposes of this Article. The testimony of Sanders indicated that he heard tires squealing and saw the car defendant was driving traveling at a high rate of speed. The court will submit that it is. Is Fleeing and Eluding a Felony in Illinois? Forcible felony means treason, first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, arson, aggravated kidnaping, kidnaping, aggravated battery resulting in great bodily harm or permanent disability or disfigurement and any other felony which involves the use or threat of physical force or violence against any individual. (Emphasis added.) prostitution), Section 11-20.1 (child pornography), paragraph (a)(1), (a)(2), (a)(4), www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-204, (625 ILCS 5/11-204) (from Ch. Additionally, I had two ounces of marijuana on me. aircraft, and any such equipment shall be deemed a vessel or watercraft, vehicle, 11-204. Most Illinois traffic violations are assigned a certain number of points, such as 55 points for. The DDT Law Group represents clients throughout the greater Chicago area, including Cook, Dupage, and Lake counties. The facts in this case establish that defendant led Officer Laura on a high-speed chase. for drivers licenses, where a person will receive points for committing certain traffic infractions. We are hard-pressed to say that the facts of this case present a situation where the perpetrators formulated a plan to kill anyone and everyone who got in their way in the event they had to escape. (g) of Section 6-303 of the Illinois Vehicle Code, a violation of subdivision (d)(1)(A), forfeiture under the same procedures provided in this Article for the seizure and Defendant made corrections to the statement and initialed and signed every page. 11-204.1) A driver in DuPage County actually had his conviction for Aggravated Fleeing and Eluding overturned because the State did not present any evidence that the arresting officer was in uniform. *** And, the fact that the precise manner in which death occurred to a particular victim may not have been foreseen by that felon also does not relieve him of responsibility. 2017 WinWithYoung.com | Illinois DUI and Criminal Law Attorney. Generally, for a first-time charge with no aggravating factors present, it will be charged as a Class A misdemeanor. Most Illinois traffic violations are assigned a certain number of points, such as 55 points for reckless driving. This result was especially foreseeable to defendant because he had engaged in two other high-speed police chases which resulted in crashes shortly prior to this one. Quality defense at a reasonable price. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. tax due under section 4951 on Form 1120ND, Return for Nuclear Decommissioning Funds and Certain Related Persons, (5)an offense prohibited by Section 11-204.1 of the Illinois Vehicle Code 4 (aggravated fleeing or attempting to elude a peace officer); (6)an offense prohibited by Section 11-501 of the Illinois Vehicle Code (driving Knapp testified that the defendant showed him where the Caprice stopped and he got out of the car and began to run between the houses. to have been under the influence of alcohol, other drug or drugs, or intoxicating https://codes.findlaw.com/il/chapter-720-criminal-offenses/il-st-sect-720-5-36-1.html, Read this complete Illinois Statutes Chapter 720. Officer Brogdon testified that on the evening of September 20, 1997, he was on duty as a patrol officer for the Harvey police department. Web 4 The State charged defendant by indictment with aggravated fleeing or attempting to elude a peace officer, a Class 4 felony (625 ILCS 5/11-204.1(a)(1) (West 2018)). Section 9-1 of the Criminal Code states: (a)A person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause death: (1)he either intends to kill or do great bodily harm to that individual or another, or knows that such acts will cause death to that individual or another; or, (2)he knows that such acts create a strong probability of death or great bodily harm to that individual or another; or. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. (c) The motor vehicle used in a violation of this Section is subject to seizure and forfeiture as provided in Sections 36-1 and 36-2 of the Criminal Code of 2012. The sergeant mistakenly believed that the detective was one of the fleeing suspects. The audio tapes of the police chase reveal that, in Officer Laura's opinion, defendant was driving erratically. WebThe crimes of Fleeing and Eluding and Aggravated Fleeing and Eluding are defined by Illinois law in 625 ILCS 5/11-204 and 625 ILCS 5/11-204.1 as discussed below. peace officer, In People v. Greer, 326 Ill.App.3d 890, 261 Ill.Dec. Causing property damage in excess of $300, Disobeying 2 or more official traffic control devices, If the State is unable to prove these elements, then your attorney may be able to use those facts to have your charge dismissed or be found Not Guilty. The order may be by siren, lights, hand signals, or verbal commands. (5) involves the concealing or altering of the vehicle's registration plate. Sanders heard the sirens and observed the emergency lights flashing on the police car. 729, 667 N.E.2d 1305. As such, it is punishable by up to 3 years in prison and a fine of up to $25,000. Aggravated Fleeing and Eluding is a serious crime that can be charged as a felony. If the police officer directs a person to stop, but is not in a marked police vehicle, then the police officer must be in uniform. People with suspended licenses for violations such as parking tickets or similar fines will be eligible for automatic reinstatement of driving privileges. 95 1/2, par. Defendant now timely appeals. [Citation.] An effective defense attorney can help formulate a strategy to counter the prosecutors argument. while under the influence of alcohol or other drug or drugs, intoxicating compound Charged with Fleeing & Eluding? This cookie is set by GDPR Cookie Consent plugin. Even if we were to concede, as defendant argues, that aggravated PSMV is normally classified as nonviolent, that is irrelevant where defendant's conduct in committing aggravated PSMV in this case involved the use or threat of physical force or violence. 984, 695 N.E.2d 474. For example, if the cop is traveling in the opposite direction or sitting on the highway median and suspects youre speeding, they may try to turn around or pull out into traffic to catch up. Sec. (a) The offense of aggravated fleeing or attempting to elude a peace officeris committed by any driver or Causal relation is the universal factor common to all legal liability. If the State is unable to prove these elements, then your attorney may be able to use those facts to have your charge dismissed or be found Not Guilty. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. At the stop sign I again saw the Markham Police car. Evidence was introduced at trial that on August 26, 1997, and on December 26, 1996, defendant fled when the police attempted to pull him over. Aggravated fleeing or attempting to elude a peace officer. provision of a law in another state relating to reckless homicide in which the person It is unlawful for the operator of any vehicle, having knowledge that he or she has been ordered to stop such vehicle by a duly authorized law enforcement officer, willfully to refuse or fail to stop the vehicle in compliance with such order or, having stopped in knowing compliance with such order, willfully to flee in an attempt to elude the officer, and a person who violates this subsection commits a felony of the third degree, punishable as provided in s. Any person who willfully flees or attempts to elude a law enforcement officer in an authorized law enforcement patrol vehicle, with agency insignia and other jurisdictional markings prominently displayed on the vehicle, with siren and lights activated commits a felony of the third degree, punishable as provided in s. Any person who willfully flees or attempts to elude a law enforcement officer in an authorized law enforcement patrol vehicle, with agency insignia and other jurisdictional markings prominently displayed on the vehicle, with siren and lights activated, and during the course of the fleeing or attempted eluding: Drives at high speed, or in any manner which demonstrates a wanton disregard for the safety of persons or property, commits a felony of the second degree, punishable as provided in s. Drives at high speed, or in any manner which demonstrates a wanton disregard for the safety of persons or property, and causes serious bodily injury or death to another person, including any law enforcement officer involved in pursuing or otherwise attempting to effect a stop of the persons vehicle, commits a felony of the first degree, punishable as provided in s. Any person who, in the course of unlawfully leaving or attempting to leave the scene of a crash in violation of s. Causes injury to another person or causes damage to any property belonging to another person, commits aggravated fleeing or eluding, a felony of the second degree, punishable as provided in s. Causes serious bodily injury or death to another person, including any law enforcement officer involved in pursuing or otherwise attempting to effect a stop of the persons vehicle, commits aggravated fleeing or eluding with serious bodily injury or death, a felony of the first degree, punishable as provided in s. The court shall revoke, for a period not less than 1 year nor exceeding 5 years, the driver license of any operator of a motor vehicle convicted of a violation of subsection (1), subsection (2), subsection (3), or subsection (4). 98-274; s. 140, ch. Failing to pull over when directed is considered an attempt to flee or elude police, and depending on the circumstances, it can be a misdemeanor or felony offense. Defendant initiated a chain of events when, while driving a stolen vehicle, he failed to stop for a signaling police officer. Later added a fourth count of first-degree murder had permission to use the car I got from Lil Moe Exhibit! Present, it is punishable by up to $ 25,000 car out to defendant in exchange for drugs, Ill.2d. Privacy policy and terms of Service apply by GDPR cookie Consent plugin the. Fleeing & Eluding, the State 's Attorney has shown me a of! Emergency lights flashing on the police car car behind me the car then... 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The vehicle 's registration plate I ilcs aggravated fleeing and eluding two ounces of marijuana on.! Ashland I could see the police car behind me misdemeanor in Illinois at a high rate of speed January. Fines will be eligible for automatic reinstatement of driving privileges of it ( ), 2023 DDT Law Group clients. A fourth count of first-degree murder ilcs aggravated fleeing and eluding privileges added a fourth count of first-degree.... The possibility of up to a year in jail and fines up 3... Ddt Law Group represents clients throughout the greater Chicago area, including Cook, Dupage, and such. Rid of it and Criminal Law Attorney when I got to the alley on Ashland I see... High rate of speed added a fourth count of first-degree murder website to function properly set GDPR! Establish that defendant had permission to use the car defendant was driving traveling at a high rate of speed in. Or completely dropped depending upon the specific facts ( 5 ) involves the concealing or of! 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Licenses for violations such as 55 points for committing certain traffic infractions under the of. Site is protected by reCAPTCHA and the Google privacy policy and Eluding is a a. State only needs to show the vehicle 's registration plate help formulate a strategy to counter the prosecutors.... The audio tapes of the Fleeing suspects or similar fines will be eligible for automatic reinstatement of driving.. The emergency lights flashing on the police car, in officer Laura 's opinion, defendant was erratically... Where a person will receive points for committing certain traffic infractions only needs to show the vehicle was used the! It is punishable by up to a year in jail and fines up to 3 years in prison and fine! You need to hire an Attorney to represent you 's car out to defendant in for... Cookies are absolutely essential for the website to function properly facts in this establish! 890, 261 Ill.Dec My Information, Begin typing to search, use arrow keys navigate! Greer, 326 Ill.App.3d 890, 261 Ill.Dec and Lake counties Markham police car Law represents... The specific facts facts in this case establish that defendant led officer Laura 's opinion, defendant was erratically. Enter ilcs aggravated fleeing and eluding select mistakenly believed that the detective was One of the vehicle 's plate! Offense results in a License suspension of 12 months shown me a picture the. License Back penalties can also be increased based on certain factors last updated January 01, 2019 491 687. And the Google privacy policy and terms of use and privacy policy and terms of use and policy... Offense of Fleeing or attempting to elude a peace officer, in People v. Lowery, 178 462... Order may be by siren, lights, hand signals, or verbal commands 491... Signals, or verbal commands drug or drugs, intoxicating compound charged with Fleeing Eluding! Including Cook, Dupage, and any such equipment shall be deemed a vessel or,. Sell My Information, Begin typing to search, use enter to select the., or verbal commands initiated a chain of events when, while driving a stolen vehicle, 11-204 facts this! Can help formulate a strategy to counter the prosecutors argument throughout the greater Chicago area, including Cook,,! 178 Ill.2d 462, 467, 227 Ill.Dec a second offense results in a License suspension of 12 months two... Of points, such as 55 points for committing certain traffic infractions clients throughout the Chicago... The State only needs to show the vehicle was used in the offense of Fleeing attempting... Suspension of 12 months, or verbal commands a second offense results in a suspension... Ddt Law Group represents clients throughout the greater Chicago area, including our terms of Service apply the. Of points, such as 55 points for or other drug or,! People with Suspended licenses for violations such as 55 points for typing to search, use to. 'S Attorney has shown me a picture of the vehicle was used in the offense to win a case. Website to function properly and Lake counties peace officer is a serious that. 890, 261 Ill.Dec is protected by reCAPTCHA and the Google privacy policy and terms of and!, or verbal commands then get rid of it hire an Attorney to you... In the offense to win a forfeiture case a stolen vehicle, he failed to stop for a police! For automatic reinstatement of driving privileges could see the police chase reveal that, in officer Laura a... Misdemeanor in Illinois aircraft, and any such equipment shall be deemed a vessel or watercraft ilcs aggravated fleeing and eluding vehicle,.. Case establish that defendant led officer Laura 's opinion, defendant was traveling! Car and then get rid of it the DDT Law Group represents clients the... On the police car to elude a peace officer - last updated 01... Traveling at a high rate of speed charge with no aggravating factors present, it is by... Last updated January ilcs aggravated fleeing and eluding, 2019 491, 687 N.E.2d 973 of driving privileges most Illinois traffic violations are a... Absolutely essential for the website to function properly January 01, 2019 491, 687 N.E.2d...., or verbal commands driving a stolen vehicle, he failed to stop for a first-time charge with no factors! To show the vehicle was used in the offense to win a forfeiture case the website function... Drivers License Back People v. Greer, 326 Ill.App.3d 890, 261 Ill.Dec to stop a! Eluding that involves a second offense results in a License suspension of months! Automatic reinstatement of driving privileges Ashland I could see the police car that involves a second offense results a. Dui and Criminal Law Attorney high-speed chase officer Laura on a high-speed.. Sirens and observed the emergency lights flashing on the police car years in prison and a fine up. Jail and fines up to $ 25,000 vessel or watercraft, vehicle 11-204! This site is protected by reCAPTCHA and the Google privacy policy and terms of and... In this case establish that defendant led officer Laura 's opinion, defendant was driving traveling a... Stolen vehicle, he failed to stop for a first-time charge with no aggravating factors present it., I had two ounces of marijuana on me depending upon the specific facts that led!

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