Additionally, I had two ounces of marijuana on me. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. What is the legal definition of nolle prosequi? 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.. 736, 678 N.E.2d 348 (1997), mob action was held to be a proper predicate offense under felony murder. [Citation.] 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. The circumstances of the accident appear to have been just that, an accident, albeit a very tragic one. Upon notice of such a, Illinois Compiled Statutes 5 ILCS 70/1.36, Illinois Compiled Statutes 5 ILCS 70/1.14, Indiana Petition for Waiver of Reinstatement Fee, U.S. Code > Title 49 > Subtitle VI - Motor Vehicle and Driver Programs, California Codes > Business and Professions Code > Division 8 > Chapter 1 - Automobiles, Florida Regulations > Chapter 14A-1 - Commercial Motor Vehicle Review Board, Florida Regulations > Department of Highway Safety and Motor Vehicles, Florida Statutes > Title XXIII - Motor Vehicles, Illinois Compiled Statutes 625 ILCS 5/5-101 - New vehicle dealers must be licensed, Illinois Compiled Statutes 625 ILCS 5/5-101.1 - Motor vehicle financing affiliates; licensing, Illinois Compiled Statutes 625 ILCS 5/5-102 - Used vehicle dealers must be licensed, Illinois Compiled Statutes 625 ILCS 5/5-102.1 - Permits for off site sales and exhibitions, Illinois Compiled Statutes > Chapter 625 - Vehicles, Missouri Laws > Chapter 301 - Registration and Licensing of Motor Vehicles, Texas Occupations Code > Title 14 > Subtitle A - Regulations Related to Motor Vehicles, Texas Transportation Code > Title 7 - Vehicles and Traffic. 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. Griffin requested that defendant return the car. 2023 LawServer Online, Inc. All rights reserved. All rights reserved. Vogenthaler identified that subject in court as defendant. A defense motion for a directed finding was denied. The car drove through a stop sign without stopping. A conviction for Aggravated Fleeing and Eluding results in a revoked drivers license. You are not committing an intentional act of trying to flee if you continue driving as you would normally until it is clear that you are the one an officer is trying to stop. A written declaration of forfeiture of a vehicle under this Section shall be sufficient We do not believe that the defendant should be relieved from liability for the homicide simply because of the decedent's role in the offense. Dekens, 182 Ill.2d at 252, 230 Ill.Dec. 491, 687 N.E.2d 973 (1997). How Much Time Will You Get for Aggravated Fleeing and Eluding in Illinois? This sentence is much less than first-time offenders convicted of Aggravated Fleeing who have their licenses revoked and are charged with a Class 4 felony with the possibility of one to three years in prison. 85-309; s. 52, 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. Perkins testified that he got behind the pickup and activated his car's emergency equipment. Examining 3 Types of Bank-Related Fraud Under Illinois Law. this section will not extend the time for payment of any tax due on such return. In this way, a skilled attorney can put together both factual and legal defenses to the serious charge of fleeing and eluding in Illinois. (Source: P.A. 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. 11-204. influence of alcohol, other drug or drugs, intoxicating compound or compounds, or The offense of fleeing or attempting to elude a peace officer is a Class A misdemeanor in Illinois. Prior to your court date, you need to hire an attorney to represent you. The provisions of this paragraph shall apply only to one forfeiture per vehicle. , fleeing and eluding a police officer is a serious criminal offense. What are the possible penalties? WebSection 625 ILCS 5/11-204.1 - Aggravated fleeing or attempting to elude a peace officer. 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. 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. The State then rested. 35 ILCS 135/28, 135/29 or 135/30. 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. drug or drugs, intoxicating compound or compounds or any combination thereof and was and consent of the owner in the commission of or in the attempt to commit as defined Illinois uses a point system for drivers licenses, where a person will receive points for committing certain traffic infractions. I knew it was stolen because the steering column was peeled. I was still traveling at about fifty miles per hour. That is not to say that it would never involve the use of physical force or violence. In People v. Lowery, 178 Ill.2d 462, 467, 227 Ill.Dec. 316.027 and 316.061, relating to unlawfully leaving the scene of a crash, which the person had been in the course of committing or attempting to commit when the order to stop was given. Griffin testified that someone had attempted to steal the car on a previous occasion and therefore the steering column was peeled and the car could only be started with a screw driver. (c) A third or subsequent violation of this Section is a Class 4 felony. However, both fleeing and eluding and aggravated fleeing and eluding will result in an immediate suspension or revocation of your drivers license. operate a watercraft are revoked or suspended and the revocation or suspension was I then turned left on Ashland. The Commissioner may terminate an automatic extension at any time by mailing to Section 625 ILCS 5/11-503 - Reckless driving; aggravated reckless driving (a) A person commits reckless driving if he or she: (1) drives any vehicle with a willful or wanton disregard for the safety of persons or property; or 729, 667 N.E.2d 1305 (1996). Informational Videos by a DUI and Criminal Lawyer. However, after a second or greater offense, it Quality defense at a reasonable price. Both Tia Brewton and James Sanders testified that they heard sirens during the time of the police chase. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. driver's license revocation, 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. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. Aggravated Fleeing and Eluding is a serious crime that can be charged as a felony. I drove into the alley until I could ditch the car between a garage and a pole. (c)In addition, when a person discharges a firearm at another individual from a vehicle We believe that the language in Belk, which focused on the defendant's lack of an intent to kill as grounds for reversal, is contrary to the legal precedent in Illinois addressing felony murder. In affirming defendant's conviction on the charge of felony murder, the court stated that application of the felony-murder doctrine does not depend on the guilt or innocence of the person killed during the felony or on the identity of the person whose act causes the decedent's death. Dekens, 182 Ill.2d at 252, 230 Ill.Dec. Lil Moe was in the passenger seat. Where the language is clear and unambiguous, the statute must be applied without further aids of statutory construction. (1) Submit a complete application on Form 7004, Application for Automatic Extension (b)Any person convicted of a first violation of this Section shall be guilty of a 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)). I then got out of the car and ran on foot. 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 And the State can cause the forfeiture of a vehicle for fleeing and eluding, even if it belongs to someone other than the defendant. (aggravated criminal sexual abuse), Section 11-6 (indecent solicitation of a child), A third conviction may be classified as a. , which carries a sentence of 1-3 years in prison and a potential $25,000 fine. People v. Robinson, 172 Ill.2d 452, 457, 217 Ill.Dec. Similarly, Officer Brogdon testified that he heard car engines revving and tires squealing in the area. I would most (), 2023 DDT Law Group, LLC. 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. aircraft, and any such equipment shall be deemed a vessel or watercraft, vehicle, 768, 622 N.E.2d 798; see also People v. Johnson, 154 Ill.2d 356, 370-72, 181 Ill.Dec. When I got to the alley on Ashland I could see the police car behind me. However, the trial court determined that the facts of this case brought defendant's commission of aggravated PSMV within the residuary clause any other felony which involves the use or threat of physical force or violence against any individual (720 ILCS 5/2-8 (West 1996)) and, hence, felony murder was applicable. A second or subsequent conviction 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 If the vehicle is the subject of a subsequent forfeiture proceeding by virtue of Perkins testified that the truck turned into a gas station parking lot, struck some cars in the lot, and then turned back onto Halsted. 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 Illinois Vehicle Code defines aggravated fleeing or attempting to elude a peace office as when any driver of a vehicle flees or attempts to elude an officer after that officer has given a signal (visual or audible) for the operator to pull the vehicle over. law of another state relating to reckless homicide in which the person was determined 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 charged, in addition to the offenses under ss. Aggravated fleeing or attempting to elude a peace officer. For these reasons, we decline to follow Belk. Defendant now timely appeals. Form 7004 or to the disqualified person's last known address. The peace of mind you'll get from having one is worth the price of admission alone. 698, 503 N.E.2d 255 (1986), citing People v. Golson, 32 Ill.2d 398, 207 N.E.2d 68 (1965). Murphy testified that on December 26, 1996, he observed a car driving the wrong way on a one-way street. If a court convicts you of fleeing or eluding police, you may face a range of consequences. 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. for drivers licenses, where a person will receive points for committing certain traffic infractions. 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. Aggravated Fleeing and Eluding that involves a second offense results in a license suspension of 12 months. For example, if the evidence showed that defendant deliberately rammed his car into that of the victims or any individual who was in the direct path of the vehicle, there would be no question that the predicate felony, i.e. The facts in this case establish that defendant led Officer Laura on a high-speed chase. Justice QUINN delivered the opinion of the court: The email address cannot be subscribed. While its unlikely that youll see jail time for a first offense, there is one other significant factor at play. Quoting 625 ILCS Sec. 491, 687 N.E.2d 973. 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. A second offense of aggravated fleeing or attempting to elude a peace officer is enhanced to a Class 3 felony, which has a sentencing range of 2-5 years prison. Starting in 2021 with the SAFE-T Act, the State of Illinois will no longer suspend drivers licenses for non-moving violations. Code; 7 or. Thus, there is no reason why the principle underlying the doctrine of proximate cause should not apply to criminal cases. Causal relationship is a question of fact that should be left to the trier of fact. In a bench trial, it is presumed that the trial judge knows the law and considers only competent and admissible evidence. guilty of a Class 3 felony, and upon notice of such a conviction the Secretary of in Section 8-4 of this Code: (1)an offense prohibited by Section 9-1 (first degree murder), Section 9-3 (involuntary A short time later I saw the Markham Police car drive westbound on 165th Street. You will receive a no-obligation, no-cost review of your case. 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. 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. 848, 617 N.E.2d 87 (1993). tax due under section 4951 on Form 1120ND, Return for Nuclear Decommissioning Funds and Certain Related Persons, Contact a lawyer, put on a strong defense and get those flimsy charges dropped. Stay up-to-date with how the law affects your life. I did not want to get caught so I turned onto 159th Street. Before I got to 159th and Wood I saw the police car had its emergency lights on. 106, 538 N.E.2d 481 (1989). Our supreme court has unequivocally held that Illinois follows the proximate cause theory of felony murder as opposed to the agency theory. (d)If the spouse of the owner of a vehicle seized for an offense described in subsection The defendant drove his car through a red light at a busy intersection, striking a car with two occupants, both of whom died. Upon notice of such a conviction the Secretary of State shall forthwith revoke the drivers license of the person so convicted, as provided in Section 6-205 of this Code. The court considered the presentence report and the evidence adduced at trial. 316.027 and 316.061, relating to unlawfully leaving the scene of a crash, which the person had been in the course of which is in violation of Section 7g of the Metropolitan Water Reclamation District TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. People v. Thomas, 266 Ill.App.3d at 926-27, 204 Ill.Dec. 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. DUI Law and the Pending License Suspension, Driving on a Revoked or Suspended License, Revoked and Fraudulent Licenses Explained, Hardship License (RDP) & License Reinstatement, What happens if I get an Out of State DUI with an Illinois License, Getting your Illinois Drivers License Reinstated: Formal and Informal Hearings, How to Prevent a DUI from being upgraded to a Felony DUI, Will My Drivers License be Suspended (the Statutory Summary Suspension). WebPunishment for Aggravated Fleeing and Eluding: Aggravated Fleeing and Eluding is a Class 4 felony for the first violation. 11-204.1. of operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating Sanders testified that it appeared that the cars were traveling faster than the speed limit. (5) involves the concealing or altering of the vehicle's registration plate. 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. Golson, 32 Ill.2d at 407-08, 207 N.E.2d 68. Sanders testified that he heard sirens and saw a red Chevy being chased by a Markham police car. 311, 713 N.E.2d 1161 (1998). [Citation. These questions could mean the difference between a charge of Fleeing and Aggravated Fleeing. I ran into the back yards. 316.027 and 316.061, relating to unlawfully leaving the scene of a crash, which the person had been in the course of Officer Martin Murphy testified that he is also a Chicago police officer. 939, 628 N.E.2d 436 (1993), this court held that [i]t is not necessary to directly prove that defendant had the intent to murder; all that needs to be shown is that defendant voluntarily and willfully committed an act, the natural tendency of which was to cause death or great bodily harm. In People v. Palmer, 162 Ill.2d 465, 487, 205 Ill.Dec. Class 4 felony, You have a right to fight back, You dont need to make money to face mortgage fraud charges, Why you need to understand the scope of a search warrant. Code; 6, (8)an offense described in subsection (e) of Section 6-101 of the Illinois Vehicle We serve the following Illinois cities and counties: Dupage County, Bolingbrook, Aurora, Wheaton, Woodridge, Downers Grove, Glendale Heights, Naperville, Oak Brook, Plainfield, Westmont, Cook County, Bridgeview, Chicago, Skokie, Kane County, and Batavia. In addition, Officer Brogdon testified that he heard Officer Laura over the radio advise that he was getting involved in a high-speed chase. (b) Requirements. A disqualified person for purposes of section 4951(e)(4) who engaged in self-dealing with a Nuclear Decommissioning Fund, and must report Most Illinois traffic violations are assigned a certain number of points, such as 55 points for. Necessary cookies are absolutely essential for the website to function properly. forfeiture as provided in Sections 36-1 and 36-2 of the Criminal Code of 2012. A high-speed police chase ensued. 316.027 and 316.061, relating to unlawfully leaving the scene of a crash, which the person had been in the course of or aircraft for purposes of this Article. 552, 692 N.E.2d 325. 35 ILCS 130/21, 130/22, 130/23, 130/24 or 130/26. NOTE: The page below features additional content to discuss the effect of the SAFE-T Act (Public Act 101-0652). It is unimportant that the defendant did not anticipate the precise sequence of events that followed upon his initial unlawful conduct; his acts precipitated those events, and he is responsible for the consequences. While traveling down 154th Street, his car windows were down and he heard engines revving and tires squealing. The officer was on foot. 76-31; s. 4, ch. First-time offenders convicted of Fleeing (not aggravated) are given misdemeanors and their licenses are suspended for six months. The decision not to stop for Officer Laura gave way to a high-speed car chase through a residential neighborhood. After oral arguments were held in this case, we granted defendant's motion to cite additional authority, citing People v. Belk, 326 Ill.App.3d 290, 260 Ill.Dec. If you have been charged with fleeing and eluding in Illinois or another traffic offense, we can help. if the revocation or suspension was for: (i)Section 11-501 (driving under the influence of alcohol or other drug or drugs, I was going to drive the car and then get rid of it. He characterized the incident as a high speed chase.. 1 if the vessel or watercraft, vehicle, or aircraft contains more than 10 cartons of Contact us. I was in the driver's seat. Winds are Southwest at 6.9 MPH (6 KT). Murphy stated that the car continued two more blocks and crashed into some garbage cans, and the driver exited the car and fled. 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. A conviction for felony Fleeing and Eluding also carries a mandatory license revocation of your drivers license. If you are convicted of fleeing and eluding police a second time, then the license suspension increases to 12 months. Brewton testified that at around 7:30 p.m. that night she was sitting on her front porch and heard sirens. Fleeing or attempting to elude a peace officer is defined under section 11-204 of the Illinois Vehicle Code. not covered by a liability insurance policy; (7)an offense described in subsection (g) of Section 6-303 of the Illinois Vehicle While monitoring his radio that evening, Brogdon heard a Markham police unit advise his department that he had a vehicle refusing to stop. to elude: (1)is at a rate of speed at least 21 miles per hour over the legal speed limit; (2)causes bodily injury to any individual; (3)causes damage in excess of $300 to property; (4)involves disobedience of 2 or more official traffic control devices; or. of Time to File Certain Business Income Tax, Information, and Other Returns, or in All rights reserved. Griffin stated that defendant had permission to use the car for only three hours; however, defendant never returned. with the knowledge and consent of the owner of the vehicle and with the intent to Aggravated fleeing or attempting to elude a peace officer. Under section 2-8, a forcible felony is defined as follows: Forcible felony. People v. Steidl, 142 Ill.2d 204, 226, 154 Ill.Dec. Perkins identified defendant in court as the driver of the red pickup truck. Officer Brogdon testified that on the evening of September 20, 1997, he was on duty as a patrol officer for the Harvey police department. Your time is limited, so dont waste it living someone elses life. People v. Shaw, 186 Ill.2d 301, 322, 239 Ill.Dec. | https://codes.findlaw.com/il/chapter-625-vehicles/il-st-sect-625-5-11-204-1/. He then called for assistance from an ambulance, a tow truck and his sergeant. (3) Remit the amount of the properly estimated unpaid tax liability on or before the It can also be charged as a felony, which can include an even lengthier sentence and a higher fine. (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. forfeiture of vehicles used in violations of clauses (1), (2), (3), or (4) of subsection Last Updated on Mar 1 2023, 5:51 pm CST. aggravated fleeing or attempting to elude, Important changes to Illinois retail theft laws. 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. What is the law in Illinois on possession of cannabis? WebFleeing or attempting to elude a peace officer. This issue is waived by defendant's failure to object at sentencing or raise the issue in a posttrial motion. The testimony of Sanders indicated that he heard tires squealing and saw the car defendant was driving traveling at a high rate of speed. How Does Illinois Address Possession of a Controlled Substance? The offense of fleeing or attempting to elude a peace officer is a Class A misdemeanor in Illinois. Property subject to forfeiture. 19-3 (residential burglary), Section 20-1 (arson; residential arson; place of worship Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Also, it will result in the state subjecting your vehicle toseizure and forfeiture. They are able to formulate a strategic defense to increase the likelihood of you defeating the charge. Cite this article: FindLaw.com - Illinois Statutes Chapter 720. Class A misdemeanor, 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. 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)). Safe-T Act ( Public Act 101-0652 ) stop for officer Laura over the radio advise that heard... The State subjecting your vehicle toseizure and forfeiture never returned altering of police... 266 Ill.App.3d at 926-27, 204 Ill.Dec, 487, 205 Ill.Dec extend time! Shall apply only to one forfeiture per vehicle it living someone elses.. Blocks and crashed into some garbage cans, and the revocation or was! Eluding and Aggravated fleeing and Eluding in Illinois or another traffic offense, we can help revoked license! Eluding a police officer is a Class 4 felony for the first violation shall only! Likelihood of you defeating the charge ditch the car between a charge of fleeing ( not Aggravated are! Court date, you need to hire an attorney to represent you the vehicle registration... The charge 205 Ill.Dec felony murder as opposed to the trier of fact should. Its emergency lights on was sitting on her ilcs aggravated fleeing and eluding porch and heard sirens during the for! Or 130/26 252, 230 Ill.Dec so dont waste it living someone elses.. Criminal offense ), citing people v. Robinson, 172 Ill.2d 452 457. Tragic one Southwest at 6.9 ilcs aggravated fleeing and eluding ( 6 KT ) ambulance, a forcible felony greater offense, there one... Car had its emergency lights on the facts ilcs aggravated fleeing and eluding this case establish that defendant permission. ( Public Act 101-0652 ) front porch and heard sirens and saw a red Chevy being chased by a police. Illinois follows the proximate cause theory of felony murder as opposed to the trier fact. Tow truck and his sergeant at 6.9 MPH ( 6 KT ) the testimony of Sanders indicated that he behind... Through a residential neighborhood, 239 Ill.Dec force or violence 6.9 MPH ( 6 KT ) driving traveling at high. To Illinois retail theft laws person will receive points ilcs aggravated fleeing and eluding committing certain traffic infractions to function properly its! To your court date, you need to hire an attorney to represent.! He then called for assistance from an ambulance, a forcible felony defined. 130/23, 130/24 or 130/26 ( Public Act 101-0652 ) the area had ounces... Windows were down and he heard officer Laura gave way to a high-speed chase points for committing certain traffic.., there is one other significant ilcs aggravated fleeing and eluding at play attorney to represent you suspended for months! Can not be subscribed court date, you need to hire an attorney to represent.! Forfeiture as provided in Sections 36-1 and 36-2 of the accident appear to have been just that, an,... Apply only to one forfeiture per vehicle then turned left on Ashland judge knows the Law or suspension was then... The wrong way ilcs aggravated fleeing and eluding a high-speed car chase through a stop sign without stopping: Aggravated fleeing Eluding... 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No-Cost review of your case unambiguous, the statute must be applied without further aids of statutory.! Law in Illinois or another traffic offense, we decline to follow Belk defendant led officer Laura over radio... Sitting on her front porch and heard sirens you 'll get from having one is the... Chevy being chased by a Markham police car behind me the opinion the... Not to say that it would never involve the use of physical or. Form 7004 or to the alley on Ashland your vehicle toseizure and forfeiture 130/23, 130/24 or.! 457, 217 Ill.Dec would never involve the use of physical force or violence, 186 Ill.2d,. Where a person will receive a no-obligation, no-cost review of your case Eluding a police is... Information about the Law and considers only competent and admissible evidence defined as follows: forcible felony defined... Column was peeled 204 Ill.Dec police chase see jail time for payment of any tax due on return..., Important changes to Illinois retail theft laws the opinion of the vehicle 's registration plate from an ambulance a! Peace officer Brogdon testified that on December 26, 1996, he observed a car driving ilcs aggravated fleeing and eluding wrong way a! Offenders convicted of fleeing or attempting to elude a peace officer is a a... To hire an attorney to represent you motion for a first offense, there is one other significant at! Motion for a first offense, there is no reason why the principle underlying the doctrine of cause! Three hours ; however, after a second or greater offense, it result... Question of fact 239 Ill.Dec while traveling down 154th Street, his car windows were down and he heard during... See jail time for a first offense, we decline to follow Belk that the car continued two more and... Still traveling at about fifty miles per hour had two ounces of marijuana on.... Bank-Related Fraud under Illinois Law would never involve the use of physical force or.. If you are convicted of fleeing and Eluding results in a revoked drivers license traffic infractions driving at... Serious crime that can be charged as a felony the charge dekens, Ill.2d. Will you get for Aggravated fleeing and Eluding is a Class a misdemeanor in Illinois Street, his windows... Of Illinois will no longer suspend drivers licenses for non-moving violations one other significant factor at play she. For these reasons, we can help a one-way Street we can help at or! Ran on foot theft laws admissible evidence garage and a pole time is limited, dont... Observed a car driving the wrong way on a one-way Street a mandatory license of... And fled you need to hire an attorney to represent you to cases... His sergeant of you defeating the charge 11-204 of the court: email... Raise the issue in a bench trial, it is presumed that the trial judge knows the Law squealing the! Such return the page below features additional content to discuss the effect of the car was. Affects your life to a high-speed chase non-moving violations are revoked or suspended the... Reasons, we can help to formulate a strategic defense to increase the likelihood of defeating! Eluding that involves a second offense results in a posttrial motion we decline to Belk! The police car had its emergency lights on for payment of any tax due on such return revocation. Or altering of the Illinois vehicle Code say that it would never involve the use of physical force violence! Admission alone or violence a high-speed chase for a directed finding was denied would most ( ), DDT. Of proximate cause should not apply to criminal cases 7:30 p.m. that night she sitting. The alley on Ashland I could see the police car behind me the email can. Note: the email address can not be subscribed c ) a third or subsequent violation of this is... No-Obligation, no-cost review of your drivers license suspension of 12 months officer! 204, 226, 154 Ill.Dec accident appear to have been just that, an,. Two more blocks and crashed into some garbage cans, and other Returns or. Only to one forfeiture per vehicle trial, it is presumed that the car defendant was driving traveling at fifty. Tia Brewton and James Sanders testified that he got behind the pickup and activated his 's! Questions could mean the difference between a charge of fleeing or attempting to elude, Important to! A serious crime that can be charged as a felony stay up-to-date with how the Law the disqualified 's! Behind the pickup and activated his car windows were down and he sirens... Turned onto 159th Street why the principle underlying the doctrine of proximate cause theory of felony murder as opposed the., so dont waste it living someone elses life issue is waived by defendant 's failure to at. Ill.2D 204, 226, 154 Ill.Dec, his car 's emergency equipment see jail time a. Both Tia Brewton and James Sanders testified that he heard car engines and...