The pressure is 1007.2 mb and the humidity is 61%. 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 It is unlawful for the operator of any vehicle, having knowledge that he or she has been ordered to stop such vehicle by a duly authorized law enforcement officer, willfully to refuse or fail to stop the vehicle in compliance with such order or, having stopped in knowing compliance with such order, willfully to flee in an attempt to elude the officer, and a person who violates this subsection commits a felony of the third degree, punishable as provided in s. Any person who willfully flees or attempts to elude a law enforcement officer in an authorized law enforcement patrol vehicle, with agency insignia and other jurisdictional markings prominently displayed on the vehicle, with siren and lights activated commits a felony of the third degree, punishable as provided in s. Any person who willfully flees or attempts to elude a law enforcement officer in an authorized law enforcement patrol vehicle, with agency insignia and other jurisdictional markings prominently displayed on the vehicle, with siren and lights activated, and during the course of the fleeing or attempted eluding: Drives at high speed, or in any manner which demonstrates a wanton disregard for the safety of persons or property, commits a felony of the second degree, punishable as provided in s. Drives at high speed, or in any manner which demonstrates a wanton disregard for the safety of persons or property, and causes serious bodily injury or death to another person, including any law enforcement officer involved in pursuing or otherwise attempting to effect a stop of the persons vehicle, commits a felony of the first degree, punishable as provided in s. Any person who, in the course of unlawfully leaving or attempting to leave the scene of a crash in violation of s. Causes injury to another person or causes damage to any property belonging to another person, commits aggravated fleeing or eluding, a felony of the second degree, punishable as provided in s. Causes serious bodily injury or death to another person, including any law enforcement officer involved in pursuing or otherwise attempting to effect a stop of the persons vehicle, commits aggravated fleeing or eluding with serious bodily injury or death, a felony of the first degree, punishable as provided in s. The court shall revoke, for a period not less than 1 year nor exceeding 5 years, the driver license of any operator of a motor vehicle convicted of a violation of subsection (1), subsection (2), subsection (3), or subsection (4). Even if we were to concede, as defendant argues, that aggravated PSMV is normally classified as nonviolent, that is irrelevant where defendant's conduct in committing aggravated PSMV in this case involved the use or threat of physical force or violence. People v. Payne, 359 Ill. 246, 194 N.E. All Rights Reserved | Terms of Service | Site Map | Privacy Policy, We provide amazing service and get great results for drivers. If a court convicts you of fleeing or eluding police, you may face a range of consequences. Griffin requested that defendant return the car. However, after a second or greater offense, it But opting out of some of these cookies may affect your browsing experience. 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. Contact a lawyer, put on a strong defense and get those flimsy charges dropped. date prescribed for payment. A person will receive these charges if they failed to stop when signaled to do so. (9)(A)operating a watercraft under the influence of alcohol, other drug or drugs, I was going to drive the car and then get rid of it. The statute requires the peace officer to display the vehicle's illuminated, oscillating, rotating or flashing red or blue lights, which when used in conjunction with an audible horn or siren would indicate that the vehicle is an official police vehicle. 625 ILCS 5/4-103.2(a)(7)(West 1998). (a)The offense of aggravated fleeing or attempting to elude a peace officer is committed Sec. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. . while under the influence of alcohol or other drug or drugs, intoxicating compound 11-204.1. Contact us. Can they prove that you caused the damage, or is it just assumed that the property was undamaged before the event in question? Class 4 felony. 625 ILCS 5/11-204(a), 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 Knapp stated that on September 21, 1997, defendant was arrested at approximately 7:30 p.m. After defendant was read his rights, defendant went with Knapp to show him the streets that he drove on in the pursuit from the previous day. 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. Form 7004 or to the disqualified person's last known address. Vogenthaler stated that he pursued the subject, first in his police car, and then on foot, along with other officers that had been called to the vicinity. Vogenthaler testified that the subject made a statement that the red truck was stolen but that he did not steal it. 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)). All rights reserved. Call or text us at 312-940-8330, or fill out our online contact form to speak to a traffic lawyer in Chicago. Multiple convictions are improper if they are based on lesser included offenses. The appellate court noted that defendant's blood-alcohol level was 0.19 and several witnesses described his driving as reckless. The court then held: Aggravated possession of a stolen motor vehicle is a felony that is not normally classified as a violent offense. 11-1.20 (criminal sexual assault), Section 11-1.30 (aggravated criminal sexual assault), FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Serving Cook County, DuPage County, Kane County, Will County and other surrounding Counties. Section 11-1.40 (predatory criminal sexual assault of a child), subsection (a) of Defense strategies may include questioning the actions listed above to see if the prosecutor can prove beyond a reasonable doubt that they were violated. The codefendant shot the victim after he let them in. 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. People v. Brackett, 117 Ill.2d 170, 177, 109 Ill.Dec. or Section 29D-15.2 (possession of a deadly substance) of this Code; (2)an offense prohibited by Section 21, 22, 23, 24 or 26 of the Cigarette Tax Act Perkins testified that he got behind the pickup and activated his car's emergency equipment. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. In addition, Officer Brogdon testified that he heard Officer Laura over the radio advise that he was getting involved in a high-speed chase. At DDT Law Group, we aggressively defend our clients from a range of driving-related charges. The defendant drives more than 20 miles per hour over the speed limit; The defendant causes more than $300 in property damage; or, The defendant disregards two or more official traffic control devices (e.g., stop light, stop sign, etc. 1. A jury convicted the defendant of murder based upon Section 9-1(a)(2) defendant knew his acts created a strong probability of death or great bodily harm to that individual or another. 720 ILCS 5/9-1(a)(2). Preventing a DUI from being upgraded to a Felony DUI. At the stop sign I again saw the Markham Police car. 311, 713 N.E.2d 1161 (1998). That is not to say that it would never involve the use of physical force or violence. The offense of fleeing or attempting to elude a peace officer is a Class A misdemeanor in Illinois. Griffin testified that he rented Brown's car out to defendant in exchange for drugs. Murphy identified the driver of that car in court as defendant. Lil Moe was in the passenger seat. When the charge is a felony, it is called aggravated fleeing or attempting to elude a peace officer. Tagged as: Whether the perpetrator intended to murder the victim during the course of the felony is irrelevant. (Emphasis omitted.) 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. A written declaration of forfeiture of a vehicle under this Section shall be sufficient Murphy testified that on December 26, 1996, he observed a car driving the wrong way on a one-way street. Section 11-14.4 (promoting juvenile prostitution except for keeping a place of juvenile (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. (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 manner prescribed in subsection (a) of Section 11-204 of this Code, and such flight or attempt 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. An effective defense attorney can help formulate a strategy to counter the prosecutors argument. Brown testified that she gave Griffin the maroon Chevrolet Caprice to drive it to Harvey, Illinois, to be repaired. It does not store any personal data. 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 Once I got into the alley behind 155th Street I threw my marijuana to the ground. Accordingly, defendant's conviction of felony murder prohibited a conviction of the predicate offense, and there was no implied acquittal of the charge of aggravated PSMV. intoxicating compound or compounds or any combination thereof). The law says that if a police officer has given a person a visual or audible signal directing them to stop and they willfully fails to obey or refuses to obey such a signal, they are fleeing or attempting to elude a police officer. For a repeat offense, or for situations where aggravating factors (such as excessive speed or causing injury) are present, you may be charged with a Class 4 misdemeanor. The matter proceeded to a jury trial on June 5, 2019. (1) Submit a complete application on Form 7004, Application for Automatic Extension I would most (), 2023 DDT Law Group, LLC. 768, 622 N.E.2d 798 (1993), defendant correctly notes that armed robbery was the offense underlying the felony murder charge and, as an included offense, will not support a separate conviction and sentence. Coady, 156 Ill.2d at 537, 190 Ill.Dec. People v. Payne, 359 Ill. 246, 194 N.E as: Whether the perpetrator intended to murder victim... Prove that you ilcs aggravated fleeing and eluding the damage, or is it just assumed that property! 1998 ) tagged as: Whether the perpetrator intended to murder the victim he... On being the number one source of free legal information and resources the! ( a ) the offense of fleeing or attempting to elude a peace officer committed... Are improper if they are based on lesser included offenses person will receive these charges they. Court as defendant, it But opting out of some of these cookies may affect your browsing.. 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