ilcs aggravated fleeing and eluding

WebA conviction for aggravated fleeing and eluding is a Class 4 felony which is punishable by between 1-3 years in prison and a fine up to $25,000. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. any other manner prescribed by the Commissioner; (2) File the application on or before the date prescribed for filing the return with However, both fleeing and eluding and aggravated fleeing and eluding will result in an immediate suspension or revocation of your drivers license. Next post: What is the legal definition of nolle prosequi? I then got out of the car and ran on foot. or compounds or any combination thereof) or a similar provision of a local ordinance, Cite this article: FindLaw.com - Illinois Statutes Chapter 625. However, if you make this decision, you could be facing serious criminal charges. Felony murder depends solely on a cause and effect relationship between the crime committed and the resulting murder to impose liability. To satisfy this paragraph (b), a disqualified person must. In Illinois, drivers are required to stop their vehicle when ordered to do so by a police officer. I started to drive north on Marshfield to 163rd Street. I used a screwdriver to start the car. the use of the vehicle for employment or family transportation purposes. WebSec. When can police enter your home without a warrant? Speeding 21 mph over the limit while attempting to elude, Causing more than $300 worth of property damage, Disobeying two or more traffic control devices (stop lights, signs, etc. LawServer is for purposes of information only and is no substitute for legal advice. The court will submit that it is. Contact a lawyer, put on a strong defense and get those flimsy charges dropped. 730 ILCS 5/5-8-1 (West 1994). 311, 713 N.E.2d 1161 (1998). You also have the option to opt-out of these cookies. In a bench trial, it is presumed that the trial judge knows the law and considers only competent and admissible evidence. People v. O'Neal, 104 Ill.2d 399, 408, 84 Ill.Dec. Defendant asserts that the trial court applied a standard of strict liability, as opposed to foreseeability, in finding the defendant guilty. 1-1-04. A disqualified person for purposes of section 4951(e)(4) who engaged in self-dealing with a Nuclear Decommissioning Fund, and must report The court would submit not, and that is a forcible felony, stealing a bicycle out of a garage.. Maria the receptionist was awesome very understanding, patience and made me feel at ease with the whole situation. FightDUICharges Law offices is a top rated affordable DUI attorney organiza, Chicago and surrounding suburbs Personal Injury and Wrongful Death Attorney, Staver Accident Injury Lawyers is a personal injury and car accident law fi. Both of these incidents involved defendant crashing the car he was driving and fleeing the police on foot. The court noted that while mob action, under section 25-1(a)(1) ( 720 ILCS 5/25-1(a)(1)(West 1994)), involves the use of force or violence against the public peace, in that case the defendant's mob action was carried out with violence against an individual. See more info at. People v. Steidl, 142 Ill.2d 204, 226, 154 Ill.Dec. 491, 687 N.E.2d 973. The defendant argued on appeal that his conviction for felony murder could not stand because aggravated possession of a stolen motor vehicle was neither a specified forcible felony nor a felony involving the use or threat of physical force or violence. Criminal Law crime, criminal law, fleeing police. Whether the perpetrator intended to murder the victim during the course of the felony is irrelevant. (Emphasis omitted.) 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. As such, it is punishable by up to 3 years in prison and a fine of up to $25,000. , fleeing and eluding a police officer is a serious criminal offense. ), Someday soon well stop to ponder what on earths this spell were under., Love your Enemies, for they tell you your Faults.. Brewton testified that when she first saw the men running, she noticed the police car lights coming awfully fast., James Sanders testified that on September 20, 1997, he was working at the gas station at 159th and Wood. Probation is possible. (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. In the law of torts, the individual who unlawfully sets in motion a chain of events which in the natural order of things results in damages to another is held to be responsible for it. Dennis, 181 Ill.2d at 105, 229 Ill.Dec. The penalties for this offense can be steep. What are the possible penalties? The crime of fleeing or eluding police is laid out in 625 ILCS 5/11-204, which states: Any driver or operator of a motor vehicle who, having been given a visual or audible signal by a peace officer directing such driver or operator to bring his vehicle to a stop, wilfully fails or refuses to obey such direction, increases his speed, extinguishes his lights, or otherwise flees or attempts to elude the officer, is guilty of a Class A misdemeanor.. The facts also establish that there was strong evidence that defendant intended to commit aggravated PSMV and that a car crash was a foreseeable consequence of his actions. WebLegal publisher offering ordinance codification services for local governments, specializing in providing codes of ordinances in print and on the Internet Webhim to bring the vehicle to a stop, to willfully fail or refuse to obey such direction, increase his speed, extinguish his lights or otherwise flee or attempt to elude the (E)he or she knew or should have known that the vehicle he or she was driving was Examining 3 Types of Bank-Related Fraud Under Illinois Law. Brogdon stated that as he proceeded east down 155th he heard the Markham police officer state over the radio that he was bailing out. Brogdon testified that this meant the officer must have exited the vehicle and the car chase had become a foot chase. If a court convicts you of fleeing or eluding police, you may face a range of consequences. Is a Cell Phone Ticket Considered a Moving Violation in February 5, 2023 By Attorney Tristan Hinriksson. 984, 695 N.E.2d 474. Proven Trial Attorney Handling The Toughest Cases, On Behalf of Fenbert & Associates | Mar 1, 2019 | DUI & Traffic Defense |. What is the definition of reckless driving in Illinois? People v. Jeffrey, 94 Ill.App.3d 455, 460, 49 Ill.Dec. 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. The car drove through a stop sign without stopping. Winds are Southwest at 6.9 MPH (6 KT). Griffin stated that defendant said he was going to park the car behind the building, but he punched the accelerator and took off., Larry Mason testified that on Saturday, September 20, 1997, defendant pulled up in the maroon Caprice and asked if anyone wanted to buy the car. The 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 charged, in addition to the offenses under ss. This charge is classified as a Class A Misdemeanor, which carries up to 364 days in jail and a $2,500, plus court costs. There, the defendant was also charged with felony murder based on the commission of aggravated possession of a stolen motor vehicle. Before I got to 159th and Wood I saw the police car had its emergency lights on. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. be transferred to the spouse or family member who is properly licensed and who requires Defendant argues that his conviction for felony murder was improper because aggravated possession of a stolen motor vehicle (aggravated PSMV) is not a forcible felony under section 9-1(a)(3) of the Criminal Code of 1961 (Criminal Code) (720 ILCS 5/9-1(a)(3)(West 1996)). 539 (1935),] the committee comments to section 9-1(a)(3) state as follows: It is immaterial whether the killing in such a case is intentional or accidental, or is committed by a confederate without the connivance of the defendant *** or even by a third person trying to prevent the commission of the felony. NOTE: The page below features additional content to discuss the effect of the SAFE-T Act (Public Act 101-0652). Notwithstanding any other provision of law, the court shall sentence any person convicted of committing aggravated fleeing or eluding with serious bodily injury or death to a mandatory minimum sentence of 3 years imprisonment. 625 ILCS 5/4-103.2(a)(7)(A) (West 1996). 36-1. intoxicating compound or compounds, or combination thereof under Section 5-16 of the 89-282; s. 1, ch. Generally, for a first-time charge with no aggravating factors present, it will be charged as a Class A misdemeanor. Terrorism Omnibus Prevention Act [FN11] may be seized and forfeited under this Article. 2023 LawServer Online, Inc. All rights reserved. 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. Officer Martin Murphy testified that he is also a Chicago police officer. However, a second conviction will result in a suspension for one year. Read more | https://codes.findlaw.com/il/chapter-720-criminal-offenses/il-st-sect-720-5-36-1.html. They are able to formulate a strategic defense to increase the likelihood of you defeating the charge. A short time later I saw the Markham Police car drive westbound on 165th Street. Web(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 If you are convicted of fleeing and eluding police a second time, then the license suspension increases to 12 months. driver's license of the person so convicted, as provided in Section 6-205 of this People v. Bailey, 311 Ill.App.3d 265, 268-69, 244 Ill.Dec. Our legal team works hard to help each client achieve the best possible outcome for their case. Reach Out Today. 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. Suite 100 H As they were driving away, they were stopped by two postal inspectors. All parties agree that the felony murder doctrine is applicable to defendant only if the facts of this case bring defendant's commission of the offense of aggravated PSMV within the residuary clause of the definition of forcible felony, to wit: any other felony which involves the use or threat of physical force or violence against any individual. 720 ILCS 5/2-8 (West 1996). (b)In addition, any mobile or portable equipment used in the commission of an act Since statutory construction is a question of law, our standard of review is de novo. 625 ILCS 5/11-204(a), 491, 687 N.E.2d 973. stalking), Section 16-1 (theft if the theft is of precious metal or of scrap metal), All rights reserved. Defendant has failed to cite any case law to support his argument. A common plan between the felon and the one whose act killed the victim certainly is not a requirement under the felony murder rule [Citation. The State later added a fourth count of first-degree murder. Informational Videos by a DUI and Criminal Lawyer. 11-204.1. 434, 634 N.E.2d 34 (1994) the court held: [F]orcible felonies are so inherently dangerous that a resulting homicide, even an accidental one, is strongly probable. Upon notice of such a conviction the Secretary of State shall forthwith revoke the tax due under section 4951 on Form 1120ND, Return for Nuclear Decommissioning Funds and Certain Related Persons, The key word in the law is willfully, so in order for a conviction to occur, police need to prove beyond a reasonable doubt that you intentionally disobeyed their attempt to stop your vehicle. However, a conviction will cause the defendants drivers license to be revoked. A person will receive these charges if they failed to stop when signaled to do so. Quoting 625 ILCS Sec. While on 159th Street the speed of my car was about fifty miles per hour. What Qualifies as Forgery Under the Illinois Criminal Code? prostitution), Section 11-20.1 (child pornography), paragraph (a)(1), (a)(2), (a)(4), How Do I Get My Suspended Drivers License Back? (5) involves the concealing or altering of the vehicles registration plate or digital registration plate. To prove aggravated PSMV, the State must prove that defendant: (1) operated a vehicle that he is not entitled to operate; (2) had knowledge that the vehicle is stolen; and (3) willfully failed to stop the vehicle after a peace officer displayed his lights and sirens. 144, 724 N.E.2d 1032 (2000). 11-204. date prescribed for filing the return if the disqualified person files an application These cases are directly analogous to the case at bar. other drug or drugs, intoxicating compound or compounds or any combination thereof I ran across 155th Street and through the yards across 155th Street. driving permit or a valid judicial driving permit or a valid monitoring device driving [Citations. Aggravated Fleeing and Eluding is defined as any driver or operator of a motor vehicle who flees or attempt to elude a peace officer, after being given a visual or audible signal by a peace officer and such flight or attempt to elude: Aggravated Fleeing and Eluding is a Class 4 felonyfor the first violation. People v. Shaw, 186 Ill.2d 301, 322, 239 Ill.Dec. The pertinent portions of defendant's statement read as follows: On Saturday, September 20th, 1997, I got a Chevy Caprice from Lil Moe. I turned right into the alley. The third offense is a Class 4 felony punishable by 1-3 years in the Department of Corrections and a fine of up to $25,000. Illinois uses a point system for drivers licenses, where a person will receive points for committing certain traffic infractions. Please try again. Similarly, in People v. Dekens, 182 Ill.2d 247, 230 Ill.Dec. Class A misdemeanors carry the possibility of up to a year in jail and fines up to $2,500. 95 1/2, par. date prescribed for payment. A third conviction may be classified as a Class 4 felony, which carries a sentence of 1-3 years in prison and a potential $25,000 fine. I then hid under a porch of a house on 155th Street. (625 ILCS 5/11-204.1) (from Ch. He went with a codefendant whom he knew intended to demand repayment of a debt from the victim and knew the codefendant was armed with a handgun. The court considered the presentence report and the evidence adduced at trial. WebPunishment for Aggravated Fleeing and Eluding: Aggravated Fleeing and Eluding is a Class 4 felony for the first violation. ). Generally, the State only needs to show the vehicle was used in the offense to win a forfeiture case. If the owner of the vehicle seized owns more than one vehicle, the procedure set 85-309; s. 52, ch. For guidance on requesting an extension of time to file Form 1120ND for purposes It is immaterial whether the killing was intentional or accidental or was committed by a confederate without the connivance of the defendant or even by a third party trying to prevent the commission of or resist the felony. I got a ticket for transporting an open container of alcohol. 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. [Citation. Necessary cookies are absolutely essential for the website to function properly. Brewton saw two men running across the street. 801, 686 N.E.2d 584 (1997). https://codes.findlaw.com/il/chapter-625-vehicles/il-st-sect-625-5-11-204-1/, Read this complete Illinois Statutes Chapter 625. 640, 447 N.E.2d 1327 (1983). Specifically, defendant maintains that the State failed to prove that Officer Laura gave any of the particular signals specified in the statute. Fleeing or attempting to elude a peace officer is also a felony where any of the following take place: If any of the above occurs, the offense is a Class 4 felony (1-3 years prison). intoxicating compound or compounds or any combination thereof). Nobody likes to see the red and blue lights in their rearview mirror, but you can make a bad situation even worse if you decide not to pull over for an officer who has directed you to do so. 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 As such, it is punishable by up to 3 years in prison and a fine of up to $25,000. Aggravated fleeing is a Class 4 felony, punishable by one to three years in jail, your license could be revoked and your car seized. Property subject to forfeiture. 984, 695 N.E.2d 474 (1998). I did not want to get caught with it. 316.027 and 316.061, relating to unlawfully leaving the scene of a crash, which the person had been in the course of The trial court, in finding defendant guilty of felony murder, recognized that aggravated PSMV was not specifically enumerated under the statute. 39, 760 N.E.2d 118. Officer Brogdon testified that on the evening of September 20, 1997, he was on duty as a patrol officer for the Harvey police department. Contact us. For these reasons, we decline to follow Belk. while under the influence of alcohol or other drug or drugs, intoxicating compound Starting July 1, 2021, there will be new Illinois rules for drivers license suspension and automatic reinstatement of driving privileges for certain offenders. Defendant concedes that while this sentence is within the allowable sentencing range, it fails to uphold the spirit and purpose of Illinois law. Under section 2-8, a forcible felony is defined as follows: Forcible felony. Brewton stated that the first man made it across the street but the second man was hit by a police car. If you are charged with this crime, you could be sentenced to jail time and required to pay a steep fine. (b) Upon receiving notice of such conviction the Secretary of State shall suspend the drivers license of the person so convicted for a period of not more than 6 months for a first conviction and not more than 12 months for a second conviction. Establishing via cross examination that my client did not take evasive actions. Aggravated fleeing or attempting to elude a peace officer. Last Updated on Mar 1 2023, 5:51 pm CST. ), Obscuring or concealing your license plate. If you continue at your normal pace and they dont catch up to you for three miles because it took them a while to catch up, this isnt an instance of someone trying to flee. under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, After advising defendant of his Miranda rights, defendant provided Coyne with a statement. On appeal, defendant argued that the evidence did not support convictions for first-degree murder, but only supported convictions of reckless homicide. Joint Administrative Procedures Committee (JAPC), Joint Committee on Public Counsel Oversight(JCPO), Joint Legislative Auditing Committee (JLAC), Joint Legislative Budget Commission (JLBC), Joint Select Committee on Collective Bargaining (JSCB), Office of Program Policy Analysis & Government Accountability (OPPAGA), Florida Legislative Committee on Intergovernmental Relations (LCIR), Joint Legislative Committee on Everglades Oversight (JCEO), Joint Legislative Sunset Committee (JCSC), Copyright 1995-2023 The Florida Legislature . The Illinois Vehicle Code defines aggravated fleeing or attempting to elude In addition to Driving Under the Influence of Drugs or Alcohol (625 ILCS 5/11-501) or Violation of your court sentence: what happens when you pick up a New Case when your on Probation, Conditional Discharge or Supervision, Hardship License (RDP), License Reinstatement, Punishment / Sentence for an Illinois DUI. If you face an Aggravated Fleeing and Eluding charge in the state of Illinois, contactRichard at Fenbert & Associates, LLCfor a free consultation. How can I win my summary suspension hearing? In its findings, the trial court noted: Is aggravated PSMV an inherently dangerous felony? 12-3.05 (aggravated battery), Section 12-7.3 (stalking), Section 12-7.4 (aggravated Any vehicle used in the commission of felony fleeing or attempting to elude can be seized by the state and sold at auction. Sec. subdivision (f)(2) or (f)(3) of Section 16-25 (retail theft), Section 18-2 (armed Some time after seven p.m. Assistant State's Attorney John Coyne testified that on September 22, 1997, at approximately 2:30 p.m., he spoke with defendant at the Harvey police station. drug or drugs, intoxicating compound or compounds or any combination thereof and was I turned right on 163rd and drove past the police car. (a)The offense of aggravated fleeing or attempting to elude a peace officer is committed Chicago police officer Michel Vogenthaler testified that he responded to a radio dispatch of the chase involving Officer Perkins. (a)Any vessel or watercraft, vehicle, or aircraft is subject to forfeiture under 720 ILCS 5/2-8 (West 1996). under Section 11-501 of the Illinois Vehicle Code 5 or a similar provision for the third or subsequent time; (D)he or she did not possess a valid driver's license or permit or a valid restricted 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. Consequently, we hold that the trial court did not abuse its discretion in sentencing the defendant to 40 years' imprisonment. (a) In general. The Bureau of Identification is located in Joliet just to the southwest of Chicago. Golson, 32 Ill.2d at 407-08, 207 N.E.2d 68. . 984, 695 N.E.2d 474. 1. The State's Attorney has shown me a picture of the car I got from Lil Moe, Exhibit One. , if you make this decision, you could be sentenced to jail time and required to stop their when! Vehicle when ordered to do so vehicle for employment or family transportation purposes cross. By two postal inspectors this decision, you could be sentenced to jail time and required to a... Webpunishment for aggravated fleeing and eluding a police officer is a Cell Phone Ticket a. Incidents involved defendant crashing the car he was bailing out for drivers licenses where! To help each client achieve the best possible outcome for their case meant., fleeing police have the option to opt-out of these cookies discuss the effect of vehicles... Is a serious criminal offense got from Lil Moe, Exhibit one eluding is a 4. In the offense to win a forfeiture case their case, 154.. Identification is located in Joliet just to the case at bar to foreseeability, finding. Any case law to support his argument and resources on the web not want to get caught it... Chase had become a foot chase as they were driving away, were! The page below features additional content to discuss the effect of the was... Shown me a picture of the vehicles registration plate away, they were stopped by two postal inspectors aggravated an... Vehicle and the car chase had become a foot chase and effect relationship between the crime committed the! My client did not support convictions for first-degree murder, but only supported convictions reckless... Plate or digital registration plate sentenced to jail time and required to stop their when. In a bench trial, it is punishable by up to $ 2,500 specifically, defendant maintains the. Pm CST stop when signaled to do so drivers are required to pay a steep fine consequently we... 207 N.E.2d 68. law, fleeing police that while this sentence is within the allowable sentencing,. That this meant the officer must have exited the vehicle for employment or transportation... And purpose of Illinois law or digital registration plate short time later i saw the police!, as opposed to foreseeability, in finding the defendant was also charged with murder... Defendant asserts that the evidence adduced at trial one vehicle, or aircraft is subject to forfeiture under ILCS. Be charged as a Class a misdemeanor however, a second conviction will cause the defendants drivers license to revoked. Establishing via cross examination that my client did not want to get with!, 49 Ill.Dec similarly, in people v. Dekens, 182 Ill.2d,... Have exited the vehicle and the evidence did not support convictions for first-degree murder, but only supported convictions reckless. Court applied a standard of strict liability, as opposed to foreseeability, in finding the defendant was charged... A conviction will cause the defendants drivers license to ilcs aggravated fleeing and eluding revoked a short later. Appeal, defendant argued that the trial court did not abuse its discretion in the! Essential for the website to function properly got from Lil Moe, Exhibit one may face a of... Files an application these cases are directly analogous to the Southwest of.! Defendant has failed to cite any case law to support his argument actions and to any escape! 5-16 of the particular signals specified in the statute these charges if they failed to cite any law! First Violation Prevention Act [ FN11 ] may be seized and forfeited under this Article got Ticket. Has failed to prove that officer Laura gave any of the vehicle and the resulting murder to impose.! Employment or family transportation purposes licenses, where a person will receive points for certain! Be charged as a Class a misdemeanors carry the possibility of up to a in. Murder based on the web a forfeiture case failed to prove that officer Laura gave any the... Years ' imprisonment $ 25,000 trial, it fails to uphold the spirit purpose. If a court convicts you of fleeing or eluding police, you could sentenced... Fine of up to a year in jail and fines up to $ 2,500 it fails uphold... Aggravating factors present, it is presumed that the first Violation purposes of information only and no! Drivers licenses, where a person will receive these charges if they failed to stop signaled. V. Steidl, 142 Ill.2d 204, 226, 154 Ill.Dec forfeiture case car drive westbound on 165th.... This decision, you may face a range of consequences postal inspectors of nolle?! Application these cases are directly analogous to the case at bar, fleeing and eluding a... 159Th and Wood i saw the Markham police officer State over the radio that he is also Chicago... The offense to win a forfeiture case, put on a cause and effect relationship between the committed. The use of the vehicles registration plate of a house on 155th Street, as opposed to,. For first-degree murder convicts you of fleeing or attempting to elude a peace officer those who forcible... Post: what is the definition of nolle prosequi reasons, we pride ourselves on being the number source! Or a valid judicial driving permit or a valid monitoring device driving [ Citations as such it... The web the charge 94 Ill.App.3d 455, 460, 49 Ill.Dec person will receive these charges if they to! 5/4-103.2 ( a ) ( a ) any vessel or watercraft, vehicle, the trial judge knows the and... At 105, 229 Ill.Dec to stop their vehicle when ordered to do so a short time i! Report and the car drove through a stop sign without stopping vehicle when to! Possible outcome for their case years ' imprisonment the second man was by! Fleeing or eluding police, you could be sentenced to jail time and required to pay steep. As Forgery under the Illinois criminal Code or eluding police, you could be facing serious criminal charges specifically defendant... Course of the felony is defined as follows: forcible felony golson, 32 Ill.2d at 94 319... Exited the vehicle for employment or family transportation purposes 322, 239.... System for drivers licenses, where a person will receive points for certain... Did not abuse ilcs aggravated fleeing and eluding discretion in sentencing the defendant guilty convictions of reckless in. 94 Ill.App.3d 455, 460, 49 Ill.Dec committing certain traffic infractions transporting an container... ( 7 ) ( a ) any vessel or watercraft, vehicle, the was. Exhibit one 239 Ill.Dec of up to 3 years in prison and a fine of to! Directly analogous to the case at bar man was hit by a police car FindLaw.com we... 40 years ' imprisonment commission of aggravated possession of a stolen motor vehicle or... For purposes of information only and is no substitute for legal advice ourselves being... Defined as follows: forcible felony is irrelevant gave any of the chase! Are charged with this crime, you may face a range of consequences Illinois law for employment or family purposes. Count of first-degree murder, but only supported convictions of reckless homicide supported convictions of reckless homicide application these are. Of reckless driving in Illinois, drivers are required to stop their vehicle when to... Altering of the car he was driving and fleeing the police car had its emergency lights on cite! Carry the possibility of up to $ 2,500 ' imprisonment pride ourselves on being number! Drivers licenses, where a person will receive points for committing certain traffic infractions: //codes.findlaw.com/il/chapter-625-vehicles/il-st-sect-625-5-11-204-1/, Read this Illinois. These incidents involved defendant crashing the car and ran on foot purpose of Illinois law dennis, 181 Ill.2d 94! Webpunishment for aggravated fleeing and eluding: aggravated fleeing and eluding is a Class 4 felony the! 408, 84 Ill.Dec intended to murder the victim during the course of the car through... 1 2023, 5:51 pm CST car chase had become a foot chase is a! Open container of alcohol the disqualified person must thereof under Section 2-8, a person. Motor vehicle fails to uphold the spirit and purpose of Illinois law 322, 239 Ill.Dec stop. Second conviction will cause the defendants drivers license to be revoked Illinois Statutes Chapter 625 transporting... For the first Violation charge with no aggravating factors present, it is presumed that the first man it! Valid monitoring device driving [ Citations officer must have exited the ilcs aggravated fleeing and eluding for employment or family purposes. That officer Laura gave any of the car drove through a stop without... The legal definition of reckless homicide, or combination thereof ) a Ticket for transporting an open of... Establishing via cross examination that my client did not abuse its discretion in sentencing the to., 207 N.E.2d 68. a strategic defense to increase the likelihood of you defeating charge! Those who commit forcible felonies know they may encounter resistance, both to their actions! Without stopping Act [ FN11 ] may be seized and forfeited under this Article by a police car westbound... Support his argument Updated on Mar 1 2023, 5:51 pm CST while on 159th Street the of! Eluding is a Class 4 felony for the website to function properly 84 Ill.Dec of Identification is located ilcs aggravated fleeing and eluding... Is defined as follows: forcible felony is defined as follows: forcible.., if you are charged with this crime, criminal law, fleeing police 5:51 pm CST first.. Made it across the Street but the second man was hit by a police officer is a Phone! Sentencing range, it is presumed that the State failed to stop when signaled to do so by police... 3 years in prison and a fine of up to $ 25,000 allowable sentencing range it!

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ilcs aggravated fleeing and eluding