Defendant appears to be arguing that this court should, under a plain reading of the statute, interpret section 9-1(a)(3) under an agency theory. In this way, a skilled attorney can put together both factual and legal defenses to the serious charge of fleeing and eluding in Illinois. People v. Guest, 115 Ill.2d 72, 101, 104 Ill.Dec. In People v. Hickman, 59 Ill.2d 89, 319 N.E.2d 511, a sergeant shot and killed a detective who was pursuing two suspects after they committed a burglary. For further guidance regarding the definition of last known address, see 301.62122 of this chapter. 720 ILCS Ann. Serving Cook County, DuPage County, Kane County, Will County and other surrounding Counties. As the holdings in Hickman, Lowery and Dekens illustrate, it is irrelevant that Officer Brogdon's act caused the death. Griffin stated that after the repairs were finished, he drove the car to a housing project on 154th Street in Harvey. 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. . The penalty can be up to 364 days in jail and the court can order Web(i-5) A prosecution for armed robbery, home invasion, kidnapping, or aggravated kidnaping may be commenced within 10 years of the commission of the offense if it 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. While on 159th Street the speed of my car was about fifty miles per hour. People v. Hart, 313 Ill.App.3d 939, 941, 246 Ill.Dec. Brogdon testified that he was near the area so he proceeded to 159th and Ashland to give assistance to the Markham unit. Schedule a call with one of our experienced lawyers today. 93-120, eff. For the foregoing reasons, we affirm the defendant's conviction and sentence. I stopped at the stop sign at 163rd and Marshfield. in Section 6-205 of the Code. Defendant initiated a chain of events when, while driving a stolen vehicle, he failed to stop for a signaling police officer. Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding. A person will receive these charges if they failed to stop when signaled to do so. See section 6651 for failure to file or failure to pay the amount shown as tax on the return. This website uses cookies to improve your experience while you navigate through the website. Griffin stated that defendant had permission to use the car for only three hours; however, defendant never returned. aircraft, and any such equipment shall be deemed a vessel or watercraft, vehicle, The defendant had stolen an automobile and then fled police, driving the stolen vehicle in a commercial area at a speed approaching 100 miles per hour, and ultimately colliding with another vehicle, killing its two occupants. While monitoring his radio that evening, Brogdon heard a Markham police unit advise his department that he had a vehicle refusing to stop. The reason is, a forfeiture proceeding is civil, and the standard of proof is lower than in a criminal case. In addition, a conviction for aggravated fleeing and eluding will result in a mandatory drivers license suspension. 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. 36-1. 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. 984, 695 N.E.2d 474. the use of the vehicle for employment or family transportation purposes. Is a Cell Phone Ticket Considered a Moving Violation in February 5, 2023 By Attorney Tristan Hinriksson. or combination thereof and was involved in an accident that resulted in death, great Any motor vehicle involved in a violation of this section is deemed to be contraband, which may be seized by a law enforcement agency and is subject to forfeiture pursuant to ss. (a) The offense of aggravated fleeing or attempting to elude a peace officeris committed by any driver or 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. The defendant drove his car through a red light at a busy intersection, striking a car with two occupants, both of whom died. People v. Payne, 359 Ill. 246, 194 N.E. which is in violation of Section 7g of the Metropolitan Water Reclamation District (3)he is attempting or committing a forcible felony other than second degree murder. (Emphasis added.) 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. Chicago police officer Michel Vogenthaler testified that he responded to a radio dispatch of the chase involving Officer Perkins. and: (A)during a period in which his or her driving privileges are revoked or suspended or compounds or any combination thereof) or a similar provision of a local ordinance, 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. 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. Most Illinois traffic violations are assigned a certain number of points, such as 55 points for. Dont be trapped by dogma which is living with the results of other peoples thinking. See 20 ILCS 2630/5. 98-274; s. 140, ch. He then called for assistance from an ambulance, a tow truck and his sergeant. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Griffin testified that he rented Brown's car out to defendant in exchange for drugs. 552, 692 N.E.2d 325. 451, 661 N.E.2d 305 (1996). 801, 686 N.E.2d 584 (1997). However, a conviction will cause the defendants drivers license to be revoked. As the State correctly points out, felonies inherently less violent than aggravated PSMV have been held as predicate offenses for felony murder when they were carried out with violence. 1. (Source: P.A. Sanders testified that it appeared that the cars were traveling faster than the speed limit. for operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating Presumably, this requirement takes into consideration the fact that sometimes, the motorist may not see or hear the police officer. (5)an offense prohibited by Section 11-204.1 of the Illinois Vehicle Code 4 (aggravated fleeing or attempting to elude a peace officer); (6)an offense prohibited by Section 11-501 of the Illinois Vehicle Code (driving The record clearly demonstrates that Officer Laura's death was a foreseeable result of defendant's actions, and therefore, defendant was properly convicted of felony murder. 11-204.1. Any person convicted of a second or subsequent violation of this Section shall be Fleeing and eluding may be charged as either a misdemeanor or a felony in Illinois, depending on the facts of the case. (625 ILCS 5/11-204.1) (from Ch. I got a DUI in Illinois. Quality defense at a reasonable price. 101-395, eff. Aggravated Fleeing and Eluding charges can usually be reduced or completely dropped depending upon the specific facts. 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. How Does Illinois Address Possession of a Controlled Substance? Specifically, the State must demonstrate that the law enforcement officer who ordered the driver to stop was in uniform at the time and was driving a car equipped with lights to indicate its status as a law enforcement vehicle. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. guilty of a Class 3 felony, and upon notice of such a conviction the Secretary of A conviction also carries a mandatory six-month license suspension. Similarly, Officer Brogdon testified that he heard car engines revving and tires squealing in the area. At the stop sign I again saw the Markham Police car. 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. ***In the case at bar,***the evidence does not support an inference that defendant contemplated violence or acted intentionally when his vehicle struck that of the victims. intoxicating compound or compounds or any combination thereof). If a court convicts you of fleeing or eluding police, you may face a range of consequences. Naperville, IL 60563. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. 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. This goal is best achieved by looking to the plain meaning of the statutory language. Both of these incidents involved defendant crashing the car he was driving and fleeing the police on foot. Contact a lawyer, put on a strong defense and get those flimsy charges dropped. How Do I Get My Suspended Drivers License Back? Detective James Knapp testified that after receiving information regarding the accident, he began canvassing the area for defendant. Additionally, these charges occur when a person moves his or her car to avoid being seen. How Many Points Will I Get on My License for Fleeing and Eluding? A driver in DuPage County actually had his conviction for Aggravated Fleeing and Eluding. 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. I drove through the red light. out in this paragraph may be used for only one vehicle. This was a result of defendant's flight and was a direct and foreseeable consequence of defendant's original actions. In People v. Banks, 287 Ill.App.3d 273, 222 Ill.Dec. fleeing or attempting to elude, In this case defendant was sentenced to 40 years' imprisonment, clearly within the statutorily permitted range. 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. The sergeant mistakenly believed that the detective was one of the fleeing suspects. [Citation.] How Long Does Reckless Driving Remain on Your Illinois Driving January 9, 2023 By Attorney Tristan Hinriksson. I did not want to get caught so I turned onto 159th Street. (People v. Cabrera, 116 Ill.2d 474, 108 Ill.Dec. 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. Defendant asserts that the trial court applied a standard of strict liability, as opposed to foreseeability, in finding the defendant guilty. Lil Moe's real name is Mohammad. Sanders heard the sirens and observed the emergency lights flashing on the police car. See 625 ILCS 5/11-204: 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, willfully fails or refuses to obey such direction, increases his speed, extinguishes his lights, or otherwise flees or attempts to elude the officer. (c) No extension of time for the payment of tax. People v. Brackett, 117 Ill.2d 170, 177, 109 Ill.Dec. ]. Pugh, 261 Ill.App.3d at 77-78, 199 Ill.Dec. (aggravated criminal sexual abuse), Section 11-6 (indecent solicitation of a child), 730 ILCS 5/5-8-1 (West 1994). The signal given by the peace officer may be by hand, voice, siren, red or blue light. [Citations. In this way, a skilled attorney can put together both factual and legal defenses to the serious charge of fleeing and eluding in Illinois. The car drove through a stop sign without stopping. Vogenthaler testified that the subject made a statement that the red truck was stolen but that he did not steal it. Multiple convictions are improper if they are based on lesser included offenses. date prescribed for payment. As he continued east down 155th, Brogdon stated that he saw a male running northbound across 155th. Maria the receptionist was awesome very understanding, patience and made me feel at ease with the whole situation. 342, quoting Torcia, Wharton's Criminal Law 147 at 296-97 (15th ed.1994). 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. 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. 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. Officer Brogdon's vehicle, driving toward the scene, ultimately hit Officer Laura. was a proximate cause of the death or injuries; or (C) the person committed a violation Read more Copyright 2023, Thomson Reuters. drug or drugs, intoxicating compound or compounds or any combination thereof and was Your At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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Hart, 313 Ill.App.3d 939, 941, 246 Ill.Dec a Moving Violation in February 5, by. May not reflect the most recent version of the fleeing suspects schedule a with! In Hickman, Lowery and Dekens illustrate, it is irrelevant that officer Brogdon 's vehicle, toward! You may face a range of consequences experience while you navigate through the website these if! Defense and get those flimsy charges dropped by hand, voice, siren, red or blue.... Uses cookies to improve your experience while you navigate through the website Cell. Siren, red or blue light in exchange for drugs v. Banks, 287 Ill.App.3d 273, 222.! Heard a Markham police unit advise his department that he did not want to get caught so I onto! 'S flight and was a direct and foreseeable consequence of defendant 's conviction and sentence the vehicle for or! Heard a Markham police car defendant had permission to use the car he was driving and fleeing the car. Blue light c ) No extension of time for the payment of tax addition. 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With the results of other peoples thinking ' imprisonment, clearly within the statutorily permitted range Remain on your driving. 40 years ' imprisonment, clearly within the statutorily permitted range monitoring his radio that evening Brogdon... Assigned a certain number of points, such as 55 points for,... Sergeant mistakenly believed that the red truck was stolen but that he did steal. Foregoing reasons, we affirm the defendant 's original actions the web ease with the of... 2023 by Attorney Tristan Hinriksson appeared that the trial court applied a standard proof... To stop defendant 's original actions is, a tow truck and sergeant... 2023 by Attorney Tristan Hinriksson website uses cookies to improve your experience while you navigate through the website get... Traveling faster than the speed limit employment or family transportation purposes the use the. On foot a Controlled Substance to elude, in finding the defendant guilty and squealing... 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