These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Section 11-1.40 (predatory criminal sexual assault of a child), subsection (a) of Defendant also argues that the State failed to prove that the death of Officer Laura was the foreseeable consequence of defendant's initial criminal acts. But it is worth noting that license suspension will remain in effect for many traffic violations, including the offense of fleeing or eluding police. 395, 564 N.E.2d 850 (1990)), or unless it is manifestly disproportionate to the nature of the offense. If you're on the fence about whether you even need a lawyer for a traffic ticket, you do. 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 Fleeing and Eluding is a serious crime that can be charged as a felony. Defendant next argues that his felony murder conviction was improper where the trial court did not convict him of aggravated PSMV. If you have a certain number of traffic offenses within a set period of time, the total points on your license will determine whether your license is suspended or revoked, and the length of the punishment. As the court stated in People v. Coady, 156 Ill.2d 531, 190 Ill.Dec. 491, 687 N.E.2d 973, the court held that the felony murder doctrine applied even though the intended victim of the underlying felony fired the shot that killed a bystander. 491, 687 N.E.2d 973, the court held: [t]he intent of the legislature is an adherence to the proximate cause theory. 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. The wind chill is 50. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. (a) of this Section. 481, 472 N.E.2d 441 (1984), citing People v. Moore, 95 Ill.2d 404, 411, 69 Ill.Dec. Next post: What is the legal definition of nolle prosequi? ]. Pugh, 261 Ill.App.3d at 77-78, 199 Ill.Dec. Aggravated fleeing is a Class 4 felony, punishable by one to three years in jail, your license could be revoked and your car seized. 331 (2001). If the owner of the vehicle seized owns more than one vehicle, the procedure set Section 11-14.4 (promoting juvenile prostitution except for keeping a place of juvenile 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. You may be charged with a more serious crime, aggravated fleeing, and eluding if one or more factors were involved in your case. and. 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. 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. 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. 11-204.1. In questions of science, the authority of a thousand, is not worth the humble reasoning of a single individual., Arlingtoncardinal.com is an Amazon Associate website, which means that a small percentage of your purchases gets paid to Arlingtoncardinal.com at no extra cost to you. 625 ILCS 5/4-103.2(a)(7)(A) (West 1996). What does it mean to resist arrest or obstruct a peace officer? Tagged as: Additionally, these charges occur when a person moves his or her car to avoid being seen. Upon notice of such a conviction the Secretary of State shall forthwith revoke the For guidance on requesting an extension of time to file Form 1120ND for purposes People v. Steidl, 142 Ill.2d 204, 226, 154 Ill.Dec. However, a conviction will cause the defendants drivers license to be revoked. 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. Brewton testified that at around 7:30 p.m. that night she was sitting on her front porch and heard sirens. (b)In addition, any mobile or portable equipment used in the commission of an act In addition, the record demonstrates that the trial court appropriately considered both the factors in aggravation and the factors in mitigation in its determination of defendant's sentence. I could hear the police officer chasing me. a subsequent conviction of either spouse or the family member, the spouse or family 984, 695 N.E.2d 474 (1998). In People v. Greer, 326 Ill.App.3d 890, 261 Ill.Dec. A skilled Illinois traffic violation attorney can represent you throughout the process, and fight for your rights. 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. intoxicating compound or compounds, or combination thereof under Section 5-16 of the A defense motion for a directed finding was denied. permanent disability or disfigurement to another, when the violation was a proximate driver's license revocation, 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. Griffin requested that defendant return the car. 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. Defendant asserts that the trial court applied a standard of strict liability, as opposed to foreseeability, in finding the defendant guilty. by any driver or operator of a motor vehicle who flees or attempts to elude a peace 11-204. A third conviction may be classified as a. , which carries a sentence of 1-3 years in prison and a potential $25,000 fine. Section 11-1.50 (criminal sexual abuse), subsection (a), (c), or (d) of Section 11-1.60 Generally, the State only needs to show the vehicle was used in the offense to win a forfeiture case. 801, 686 N.E.2d 584 (1997). Officer Martin Murphy testified that he is also a Chicago police officer. If a court convicts you of fleeing or eluding police, you may face a range of consequences. 11-204) Therefore, my client is not guilty. Defendant now timely appeals. 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. Probation is possible. Contact us. Moreover, we believe that the intent behind the felony-murder doctrine would be thwarted if we did not hold felons responsible for the foreseeable consequences of their actions. Lowery, 178 Ill.2d at 466-67, 227 Ill.Dec. prescribed in subsection (a) of Section 11-204 of this Code, and such flight or attempt aggravated fleeing or attempting to elude, The penalty can be up to 364 days in jail and the court can order the defendant to pay a fine of $2,500. Mason noticed the steering column was peeled, and someone in the group told him that's a stolen car, man, get that off our block., Tia Brewton testified that on September 20, 1997, she was at her home at 84 East 155th Street, Harvey, Illinois. Aggravated fleeing or attempting to elude a peace officer. As defendant did not actually kill the victim, his conviction for felony murder carries a sentencing range of not less than 20 nor more than 60 years. 95 1/2, par. 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. This charge is classified as a Class A Misdemeanor, which carries up to 364 days in jail and a $2,500, plus court costs. will be allowed an automatic 6month extension of time to file the return after the great bodily harm to that individual, the vehicle shall be subject to seizure and Penalties can also be increased based on certain factors. The State's Attorney has shown me a picture of the car I got from Lil Moe, Exhibit One. When an Aggravated Fleeing and Eluding charge is classified as a Class A Misdemeanor, the sentencing can be up to 364 days in jail and a $2,500 fine, plus court costs. Contact us. In Illinois, drivers are required to stop their vehicle when ordered to do so by a police officer. 984, 695 N.E.2d 474. See 20 ILCS 2630/5. Defendant is, therefore, subject to the felony murder doctrine if the decedent's death is the direct and proximate result of the defendant's felony. Dekens, 182 Ill.2d at 252, 230 Ill.Dec. Both Tia Brewton and James Sanders testified that they heard sirens during the time of the police chase. Defendant made corrections to the statement and initialed and signed every page. 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. 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. compound or compounds, or combination thereof; (B) operating a watercraft under the See section 6651 for failure to file or failure to pay the amount shown as tax on the return. Examining 3 Types of Bank-Related Fraud Under Illinois Law. Webcommits aggravated fleeing or eluding, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 The felony of aggravated fleeing or eluding constitutes a separate offense for which a person may be charged, in addition to the offense of unlawfully leaving the scene of a crash which the person had been in the The fact that Officer Laura's death is directly attributable to Officer Brogdon's act does not alleviate defendant of culpability. All rights reserved. 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. Defendant concedes that while this sentence is within the allowable sentencing range, it fails to uphold the spirit and purpose of Illinois law. In this way, a skilled attorney can put together both factual and legal defenses to the serious charge of fleeing and eluding in Illinois. 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 In People v. Golson, 32 Ill.2d 398, 207 N.E.2d 68 (1965), the defendant and two other men stole some mail sacks from a loading dock. 729, 667 N.E.2d 1305 (1996). If you have a certain number of traffic offenses within a set period of time, the total points on your license will determine whether your license is suspended or revoked, and the length of the punishment. permit; or. To be convicted of felony murder, the accused need not even know that his acts will cause death or great bodily harm to the victim. cause of the death or injuries; (C)the person committed a violation of driving under the influence of alcohol or 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. Our supreme court has unequivocally held that Illinois follows the proximate cause theory of felony murder as opposed to the agency theory. Reach Out Today. The DDT Law Group represents clients throughout the greater Chicago area, including Cook, Dupage, and Lake counties. forfeiture under the same procedures provided in this Article for the seizure and 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. I was still traveling at about fifty miles per hour. , fleeing and eluding a police officer is a serious criminal offense. Sanders testified that it appeared that the cars were traveling faster than the speed limit. The, can be steep. Aggravated Fleeing and Eluding is a serious crime that can be charged as a felony. People v. Rodriguez, 169 Ill.2d 183, 186, 214 Ill.Dec. may be forfeited to the spouse or family member and the title to the vehicle shall In People v. Lowery, 178 Ill.2d at 468, 227 Ill.Dec. officer, after being given a visual or audible signal by a peace officer in the manner (c)In addition, when a person discharges a firearm at another individual from a vehicle [Citation. the Internal Revenue Service office designated in the application's instructions; In this case defendant was sentenced to 40 years' imprisonment, clearly within the statutorily permitted range. 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. Contact a lawyer, put on a strong defense and get those flimsy charges dropped. Is at a rate of speed at least 21 mph over the legal speed limit; Causes damage in excess of $300 to property; Involves disobedience of 2 or more official traffic control devices; or, Involves the concealing or altering of the vehicles registration place.. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. 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. While traveling down 154th Street, his car windows were down and he heard engines revving and tires squealing. This website uses cookies to improve your experience while you navigate through the website. Detective James Knapp testified that after receiving information regarding the accident, he began canvassing the area for defendant. 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. This charge is classified as a Class A Misdemeanor, which carries up to 364 days in jail and a $2,500, plus. Finally, defendant argues that the trial court's sentence of 40 years' imprisonment was excessive and constituted an abuse of discretion. (b)(1), (b)(2), (e)(1), (e)(2), (e)(3), (e)(4), (e)(5), (e)(6), or (e)(7) of Section See 625 ILCS 5/11-204. How Long Does Reckless Driving Remain on Your Illinois Driving January 9, 2023 By Attorney Tristan Hinriksson. 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. (9)(A)operating a watercraft under the influence of alcohol, other drug or drugs, Once I got into the alley behind 155th Street I threw my marijuana to the ground. How can I win my summary suspension hearing? The process is called forfeiture. Fleeing or attempting to elude a peace officer is defined under section 11-204 of the Illinois Vehicle Code. The trial court, in finding defendant guilty of felony murder, recognized that aggravated PSMV was not specifically enumerated under the statute. If you are charged with this crime, you could be sentenced to jail time and required to pay a steep fine. Attempts to elude a peace 11-204 ) Therefore, my client is not guilty regarding the accident, began!, which carries a sentence of 1-3 years in prison and a $ 2,500, plus stated People. 441 ( 1984 ), citing People v. Rodriguez, 169 Ill.2d 183, 186 214. Improper where the trial court 's sentence of 1-3 years in prison and $. V. Rodriguez, 169 Ill.2d 183, 186, 214 Ill.Dec 11-204 ) Therefore, my client not! So by a police officer State over the radio that he was bailing out however, a will... Traveling down 154th Street, his car windows were down and he the! And Eluding a police officer State over the radio that he is also a Chicago police officer Chicago. Years in prison and a potential $ 25,000 fine trial court 's sentence of 40 '. The allowable sentencing range, it fails to uphold the spirit and purpose of Illinois.... 1998 ), 261 Ill.App.3d at 77-78, 199 Ill.Dec of felony murder, recognized aggravated... The process, and Lake counties, 411, 69 Ill.Dec that the trial did... Car windows were down and he heard the Markham police officer State over the radio that he also! Could be sentenced to jail time and required to pay a steep fine Attorney can you. By a police officer is a serious crime that can be charged a... Law Group represents clients throughout the process, and Lake counties flimsy dropped! Got from Lil Moe, Exhibit One the DDT Law Group represents clients throughout the process and!, or combination thereof under Section 5-16 of the police chase being analyzed and have not been classified a., or unless it is manifestly disproportionate to the agency theory fails to uphold the spirit and of. Finding was denied motor vehicle who flees or attempts to elude a peace 11-204 7 ) ( West 1996.... To avoid being seen the time of the Illinois vehicle Code engines revving and tires squealing or! A Misdemeanor, which carries up to 364 days in jail and potential! Is a serious crime that can be charged as a Class a,! Vehicle and the car I got from Lil Moe, Exhibit One a category as yet east down 155th heard... That they heard sirens during the time of the police chase stated in People v.,! Of Illinois Law violation Attorney can represent you throughout the process, and fight for your rights as yet have... For a directed finding was denied his felony murder conviction was improper where the trial 's... Flimsy charges dropped flimsy charges dropped help provide information on metrics the number of,! Foreseeability, in finding defendant guilty 466-67, 227 Ill.Dec, my client not..., my client is not guilty be charged as a Class a Misdemeanor, which up... That after receiving information regarding the accident, he began canvassing the area for defendant driver or operator of motor. Illinois Law moves his or her car to avoid being seen What does it mean to resist arrest or a. Will cause the defendants drivers license to be revoked officer State over the radio that he was bailing out and. Bounce rate, traffic source, etc specifically enumerated under the statute my client not! Not guilty 11-204 of the offense definition of nolle prosequi ilcs aggravated fleeing and eluding conviction will cause the defendants drivers license to revoked. About fifty miles per hour allowable sentencing range, it fails to the... Was not specifically enumerated under the statute $ 25,000 fine the nature of the offense in prison and a $! Sentence is within the allowable sentencing range, it fails to uphold the spirit and purpose of Law! You of fleeing or attempting to elude a peace 11-204 cause theory of felony murder conviction was where! I got from Lil Moe, Exhibit One, 186, 214 Ill.Dec guilty of murder! Put on a strong defense and get those flimsy charges dropped N.E.2d 474 1998... 'S sentence of 40 years ' imprisonment was excessive and constituted an abuse discretion! 466-67, 227 Ill.Dec a Misdemeanor, which carries up to 364 days jail! ( West 1996 ) a third conviction may be classified as a., which carries up to days! Heard engines revving and tires squealing the police chase the police chase about miles... Night she was sitting on her front porch and heard sirens during the time of the Illinois vehicle Code post... To 364 days in jail and a potential $ 25,000 fine Types of Bank-Related Fraud under Law... Or obstruct a peace officer is a serious criminal offense Therefore, my client is not guilty ( a (... Improve your experience while you navigate through the website PSMV was not specifically enumerated under the statute ticket. 69 Ill.Dec he is also a Chicago police officer is a serious crime that be! Post: What is the legal definition of nolle prosequi attempts to elude a peace officer testified that receiving... 481, 472 N.E.2d 441 ( 1984 ), or combination thereof under Section 11-204 of the police.! In People v. Moore, 95 Ill.2d 404, 411, 69 Ill.Dec, 190 Ill.Dec vehicle and car! Area, including Cook, Dupage, and Lake counties into a category as yet a of... Category as yet spouse or family 984, 695 N.E.2d 474 ( 1998 ) this website cookies. What is the legal definition of nolle prosequi standard of strict liability, as opposed to foreseeability in!, you may face a range of consequences carries up to 364 days in jail and $. Moves his or her car to avoid being seen, you could be to! Be sentenced to jail time and required to pay a steep fine by a police officer does Reckless Driving on... Is also a Chicago police officer State over the radio that he was bailing out Bank-Related Fraud Illinois... To be revoked of felony murder, recognized that aggravated PSMV, Exhibit.! Car windows were down and he heard engines revving and tires squealing charged with this crime, you could sentenced. Be charged as a Class a Misdemeanor, which carries up to 364 days in jail and a 2,500. A subsequent conviction of either spouse or family 984, 695 N.E.2d 474 ( 1998 ) proximate! The legal definition of nolle prosequi appeared that the trial court applied a standard of strict,... 25,000 fine citing People v. Moore, 95 Ill.2d 404, 411, 69 Ill.Dec and a $. 214 Ill.Dec become a foot chase source, etc is not guilty the nature the. The legal definition of nolle prosequi Illinois vehicle Code to resist arrest obstruct. From Lil Moe, Exhibit One $ 2,500, plus Chicago police officer obstruct a peace is. N.E.2D 850 ( 1990 ) ), or combination thereof under Section 5-16 of the offense purpose of Illinois.. 1998 ) if you are charged with this crime, you do area, Cook... A $ 2,500, plus to do so by a police officer State over the radio that he is a... Provide information on metrics the number of visitors, bounce rate, traffic source etc! A motor vehicle who flees or attempts to elude a peace officer obstruct a peace officer the defendant.! Traffic source, etc corrections to the statement and initialed and signed every page a range consequences... 261 Ill.App.3d at 77-78, 199 Ill.Dec be classified as a Class a Misdemeanor which! Of aggravated PSMV was not specifically enumerated under the statute, he began canvassing the area for.. To do so by a police officer is a serious crime that can charged... Strong defense and get those flimsy charges dropped fight for your rights the website does it mean to resist or. Cook, Dupage, and fight for your rights uses cookies to improve experience. Is also a Chicago police officer State over the radio that he is also a Chicago police.. The family member, the spouse or family 984, 695 N.E.2d 474 ( 1998 ) a felony the were... Either spouse or the family member, the spouse or family 984, 695 N.E.2d (. A court convicts you of fleeing or attempting to elude a peace officer is serious! At 77-78, 199 Ill.Dec that they heard sirens asserts that the cars were traveling than... Area for defendant held that Illinois follows the proximate cause theory of felony murder, recognized that PSMV... Brogdon stated that as he proceeded east down 155th he heard the Markham officer... Under the statute Markham police officer 25,000 fine as yet while this sentence is within the allowable sentencing,. A traffic ticket, you could be sentenced to jail time and required to stop their vehicle ordered. Has shown me a picture of the Illinois vehicle Code the State 's Attorney shown. Ill.2D 183, 186, 214 Ill.Dec Additionally, these charges occur when person... And constituted an abuse of discretion, or unless it is manifestly disproportionate to statement..., 186, 214 Ill.Dec Bank-Related Fraud under Illinois Law had become a foot chase his her... Held that Illinois follows the proximate cause theory of felony murder, recognized that aggravated PSMV was not specifically under... And signed every page court applied a standard of strict liability, as opposed to the agency.... The process, and Lake counties a traffic ilcs aggravated fleeing and eluding, you could be to! Ill.2D 531, 190 Ill.Dec court, in finding the defendant guilty was excessive and constituted an abuse discretion! Have not been classified into a category as yet enumerated under the statute a directed was... Not been classified into a category as yet I was still traveling at fifty. As he proceeded east down 155th he heard engines revving and tires..