Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 311, 713 N.E.2d 1161 (1998). How Much Time Will You Get for Aggravated Fleeing and Eluding in Illinois? 95 1/2, par. Sec. Aggravated fleeing or eluding is a class 4 felony offense in Illinois. These factors, known as aggravating circumstances, include: Aggravated fleeing and eluding is a Class 4 felony, punishable by between 1 to 3 years in prison and a fine of up to $25,000. Class A misdemeanors carry the possibility of up to a year in jail and fines up to $2,500. 124, 762 N.E.2d 693 (2002), the appellate court affirmed defendant's conviction for felony murder predicated on the charge of armed violence based on unlawful possession of a controlled substance. In applying the proximate cause theory to the facts at hand, the question becomes whether Officer Laura's death was the direct and proximate result of the defendant's felony. for operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating These questions could mean the difference between a charge of Fleeing and Aggravated Fleeing. aggravated fleeing or attempting to elude, What Is Aggravated Fleeing and Eluding Police in Illinois? out in this paragraph may be used for only one vehicle. of reporting contributions received, income earned, administrative expenses of operating To satisfy this paragraph (b), a disqualified person must. 2023 Fenbert & Associates All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters. . Code, [FN10] or Section 9-3 of this Code makes a showing that the seized vehicle is the only source 779, 708 N.E.2d 365 (1999). This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. (c) No extension of time for the payment of tax. 395, 564 N.E.2d 850 (1990)), or unless it is manifestly disproportionate to the nature of the offense. While its unlikely that youll see jail time for a first offense, there is one other significant factor at play. 35 ILCS 130/21, 130/22, 130/23, 130/24 or 130/26. 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. 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. (People v. Cabrera, 116 Ill.2d 474, 108 Ill.Dec. I look out the rear view mirror and saw a Markham Police car drive eastbound on 165th Street. As I was driving toward Wood Street I looked in the mirror and saw the police car make a U-turn. Causal relationship is a question of fact that should be left to the trier of fact. In todays blog, we take a closer look at the crime of fleeing or eluding police in Illinois, and how you can defend yourself against the charges. How Long Does Reckless Driving Remain on Your Illinois Driving January 9, 2023 By Attorney Tristan Hinriksson. Thus, there is no reason why the principle underlying the doctrine of proximate cause should not apply to criminal cases. People v. Bailey, 311 Ill.App.3d 265, 268-69, 244 Ill.Dec. Those who commit forcible felonies know they may encounter resistance, both to their affirmative actions and to any subsequent escape. Hickman, 59 Ill.2d at 94, 319 N.E.2d 511. of operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating Serving Cook County, DuPage County, Kane County, Will County and other surrounding Counties. When I saw the Markham Police car I knew I had to get out of there. People v. Thomas, 266 Ill.App.3d at 926-27, 204 Ill.Dec. Needless to say, you shouldnt just plead guilty and hope for the best, because your license will be suspended. I drove through the red light. In a case factually similar to Belk and the instant case, People v. Thomas, 266 Ill.App.3d 914, 204 Ill.Dec. 11-204.1. person has previously been convicted of committing a violation of operating a watercraft They further held that the robbery victim's actions were not an intervening cause or were merely coincidental where the victim's resistance was a direct response to the defendant's criminal acts and that resistance did not break the causal chain. I stayed there for about ten minutes. The pressure is 1007.2 mb and the humidity is 61%. (5) involves the concealing or altering of the vehicles registration plate or digital registration plate. Provided, the officer giving such signal shall be in police uniform, and, if driving a vehicle, such vehicle shall display illuminated oscillating, rotating or flashing red or blue lights which when used in conjunction with an audible horn or siren would indicate the vehicle to be an official police vehicle. 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. This standard of review applies equally to bench trials. Current as of January 01, 2019 | Updated by FindLaw Staff. The penalties for this offense can be steep. is at a rate of speed at least 21 miles per hour over the legal speed limit; causes damage in excess of $300 to property; disobeys of 2 or more official traffic control devices; or, conceals or alters of the vehicles registration plate. Code; 7 or. vehicles registration plate or digital registration plate. WebSec. While traveling down 154th Street, his car windows were down and he heard engines revving and tires squealing. These cookies ensure basic functionalities and security features of the website, anonymously. Brewton testified that at around 7:30 p.m. that night she was sitting on her front porch and heard sirens. (b) Any person convicted of a first violation of this Section shall be guilty of a Class 4 felony. 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. under this section in accordance with paragraph (b) of this section. However, the law in this state mandates that we must determine from the facts of a particular case whether it was contemplated by defendant that violence might be necessary to enable him and his companion to steal the vehicle and escape arrest. On the other hand, if the offense occurs when the police officer is following the defendant in a squad car, then both of the oscillating lights and the siren must be activated. Web(1) Aggravated unlawful use of a weapon is a Class 4 felony; a second or subsequent offense is a Class 2 felony for which the person shall be sentenced to a term of When Brogdon exited the car, he noticed damage to the rear driver side quarter panel, and as he walked to the back of the car he saw some black trousers under his police car. At the close of all the evidence, the trial court found the defendant guilty of felony murder and sentenced him to 40 years' imprisonment. (b) Any person convicted of a first violation of this Section shall be guilty of a Class 4 felony. The primary goal in construing a statute is to ascertain and give effect to legislative intent. date prescribed for filing the return if the disqualified person files an application And the State can cause the forfeiture of a vehicle for fleeing and eluding, even if it belongs to someone other than the defendant. In People v. Pugh, 261 Ill.App.3d 75, 199 Ill.Dec. I could hear the police officer chasing me. WebThe felony of aggravated fleeing or eluding and the felony of aggravated fleeing or eluding with serious bodily injury or death constitute separate offenses for which a person may be What is the definition of reckless driving in Illinois? I was in the driver's seat. The signal given by the peace officer may be by hand, voice, siren, red or blue light. Vogenthaler testified that at Halsted and 99th Street, he observed a black male exit a red pickup truck at a gas station and run eastbound across Halsted. 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. Lowery, 178 Ill.2d at 470, 227 Ill.Dec. (b) Requirements. The Illinois Supreme Court held that the test to be applied in determining whether the felony murder doctrine is applicable is not whether the felony is normally classified as nonviolent, but whether, under the facts of a particular case, it is contemplated that violence might be necessary to enable the perpetrators to carry out their purpose. If you see flashing lights in your rearview mirror, you may be tempted to hit the gas instead of pulling over to the side of the road. 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. I got a DUI in Illinois. The parties stipulated that if Thamrong Chira, Cook County medical examiner, were called to testify he would express an opinion to a reasonable degree of scientific and medical certainty that Officer Sean Laura died of multiple injuries sustained as a pedestrian that was struck by an automobile. Section 625 ILCS 5/11-204 - Fleeing or attempting to elude a peace officer 625 ILCS 5/11-204 Download PDF Current through Public Act 102-1115 Section 625 ILCS Any vehicle used in the commission of felony fleeing or attempting to elude can be seized by the state and sold at auction. any other manner prescribed by the Commissioner; (2) File the application on or before the date prescribed for filing the return with if the revocation or suspension was for: (i)Section 11-501 (driving under the influence of alcohol or other drug or drugs, Such requirement shall not preclude the use of amber or white oscillating, rotating or flashing lights in conjunction with red or blue oscillating, rotating or flashing lights as required in Section 12-215 of Chapter 12. If a court convicts you of fleeing or eluding police, you may face a range of consequences. It means it was broken. Brewton stated that the first man made it across the street but the second man was hit by a police car. A defense motion for a directed finding was denied. 5 Officer Andrew Lawler of the Rock Island Police Department testified that he was on This court disagreed, finding that [t]here is no question that the defendant's actions were voluntary and wilful, and held that the evidence supported the jury's verdict convicting the defendant of first degree murder. 801, 686 N.E.2d 584 (1997). In People v. Banks, 287 Ill.App.3d 273, 222 Ill.Dec. Charged with Fleeing & Eluding? The same goes for if a police officer sees you committing a traffic violation but has trouble making normal maneuvers to catch up to your vehicle. Of Service apply 130/21, 130/22, 130/23, 130/24 or 130/26 was Driving toward Street... A statute is to ascertain and give effect to legislative intent, 108 Ill.Dec a range of consequences a car! 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