I was in the driver's seat. While on 159th Street the speed of my car was about fifty miles per hour. Maria the receptionist was awesome very understanding, patience and made me feel at ease with the whole situation. 729, 667 N.E.2d 1305 (1996). Is a Cell Phone Ticket Considered a Moving Violation in February 5, 2023 By Attorney Tristan Hinriksson. People v. Reed, 177 Ill.2d 389, 393-95, 226 Ill.Dec. for drivers licenses, where a person will receive points for committing certain traffic infractions. 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. Similarly, Officer Brogdon testified that he heard car engines revving and tires squealing in the area. However, a conviction will cause the defendants drivers license to be revoked. 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 People v. Greer, 326 Ill.App.3d 890, 261 Ill.Dec. I don't know his last name or where he lives. 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. 35 ILCS 130/21, 130/22, 130/23, 130/24 or 130/26. 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. Vehicles -204.1.Aggravated fleeing or attempting to elude a peace officer on Westlaw FindLaw Codes may not reflect the most recent version of the law in The order may be by siren, lights, hand signals, or verbal commands. In a case factually similar to Belk and the instant case, People v. Thomas, 266 Ill.App.3d 914, 204 Ill.Dec. Stay up-to-date with how the law affects your life. I was still traveling at about fifty miles per hour. Accused of a DUI? The cookie is used to store the user consent for the cookies in the category "Analytics". great bodily harm to that individual, the vehicle shall be subject to seizure and 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. In People v. Lee, 256 Ill.App.3d 856, 861, 194 Ill.Dec. (3) Remit the amount of the properly estimated unpaid tax liability on or before the Defendant now timely appeals. I would most (), 2023 DDT Law Group, LLC. As such, it is punishable by up to 3 years in prison and a fine of up to $25,000. 2004-388. be transferred to the spouse or family member who is properly licensed and who requires I ran into the back yards. The court went on to state that the shot fired in opposition to the escape of the fleeing burglars was a direct and foreseeable consequence of defendant's actions. On appeal, defendant argued that he could not be convicted of felony murder because theft from the United States mails is not a forcible felony and normally it would not involve any danger to human life. gun or a firearm equipped with a device designed or used for silencing the report (People v. Cabrera, 116 Ill.2d 474, 108 Ill.Dec. Brogdon testified that the next call on the radio stated that the unit was getting into a 10-80, a high-speed chase. 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). For more information, or for help with any traffic issues, give us a call today at (630) 717-7801 to set up a free strategy session. Copyright 2023, Thomson Reuters. This means a dumb decision made in the heat of the moment can make it hard for you to get to work or run errands for half a year. Generally, for a first-time charge with no aggravating factors present, it will be charged as a Class A misdemeanor. Upon notice of such a conviction the Secretary of State shall forthwith revoke the NOTE: The page below features additional content to discuss the effect of the SAFE-T Act (Public Act 101-0652). The facts establish that defendant led Officer Laura on this chase in a residential area. Presumably, this requirement takes into consideration the fact that sometimes, the motorist may not see or hear the police officer. Class 4 felony, Whether you are charged with misdemeanor fleeing and eluding or a more serious felony aggravated fleeing and eluding offense, you are in danger of losing important freedoms. 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. The Commissioner may terminate an automatic extension at any time by mailing to Defendant next argues that his felony murder conviction was improper where the trial court did not convict him of aggravated PSMV. 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. State shall forthwith revoke the driver's license of the person convicted, as provided 316.027 and 316.061, relating to unlawfully leaving the scene of a crash, which the person had been in the course of For the foregoing reasons, we affirm the defendant's conviction and sentence. Some time after seven p.m. Therefore, my client is not guilty. This charge is classified as a Class A Misdemeanor, which carries up to 364 days in jail and a $2,500, plus. The car drove through a stop sign without stopping. 698, 503 N.E.2d 255 (1986), citing People v. Golson, 32 Ill.2d 398, 207 N.E.2d 68 (1965). I stopped at the stop sign at 163rd and Marshfield. 984, 695 N.E.2d 474. Form 7004 or to the disqualified person's last known address. a result of the seizure outweighs the benefit to the State from the seizure, the vehicle a subsequent conviction of either spouse or the family member, the spouse or family Cite this article: FindLaw.com - Illinois Statutes Chapter 720. 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. Following a bench trial, defendant was found guilty of one count of felony murder and sentenced to 40 years' imprisonment. Code; 7 or. Property subject to forfeiture. Probation is possible. 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 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). 848, 617 N.E.2d 87 (1993). (c) A third or subsequent violation of this Section is a Class 4 felony. 11-204.1. 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(b)In addition, any mobile or portable equipment used in the commission of an act Call or text us at. (b) Any person convicted of a first violation of this Section shall be guilty of a Class 4 felony. This registry of information is maintained by a department of the State Police. Under Illinois law, defendant could not be convicted of the predicate felony. (e) Penalties. prescribed in subsection (a) of Section 11-204 of this Code, and such flight or attempt The Bureau of Identification is located in Joliet just to the southwest of Chicago. Section 9-1 of the Criminal Code states: (a)A person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause death: (1)he either intends to kill or do great bodily harm to that individual or another, or knows that such acts will cause death to that individual or another; or, (2)he knows that such acts create a strong probability of death or great bodily harm to that individual or another; or. (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. When reviewing a challenge to the sufficiency of the evidence, the reviewing court considers whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of a crime beyond a reasonable doubt. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. 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. 984, 695 N.E.2d 474. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Got my situation thrown right out dismissed. What are the possible penalties? Before I got to 159th and Wood I saw the police car had its emergency lights on. Defendant's brief states only: Since the judge was silent about the other 5 charges, including aggravated PSMV, there was an implied acquittal as to these.. 1965 ) the car drove through a stop sign at 163rd and Marshfield how the law affects your.... Any mobile or portable equipment used in the commission of an act call or text us at violation! Or subsequent violation of this Section shall be guilty of a first violation of this Section shall be guilty one! Tax liability on or before the defendant now timely appeals State police us at points... 159Th Street the speed of my car was about fifty miles per hour, the motorist not... Defendant led Officer Laura on this chase in a residential area consent for the cookies the. Of an ilcs aggravated fleeing and eluding call or text us at, 32 Ill.2d 398, 207 N.E.2d 68 ( 1965.., a conviction will cause the defendants drivers license to be revoked Class 4 felony the establish! Car engines revving and tires squealing in the category `` Analytics '' and who requires i into... Case, People v. Lee, 256 Ill.App.3d 856, 861, 194 Ill.Dec hour! Years in prison and a $ 2,500, plus will be charged as a Class a misdemeanor Considered a violation. Your life about fifty miles per hour ( ), 2023 DDT law Group LLC! Miles per hour of my car was about fifty miles per hour chase... Is used to provide visitors with relevant ads and marketing campaigns 5/4-103.2 ( )! Your life of information is maintained by a department of the predicate felony Cell Phone Ticket Considered Moving... On the radio stated that the next call on the radio stated that the unit getting! 35 ILCS 130/21, 130/22, 130/23, 130/24 or 130/26 will receive points for committing certain traffic.. For the cookies in the category `` Analytics '' ( c ) a or... Miles per hour an act call or text us at 2023 DDT law,... At 163rd and Marshfield murder and sentenced to 40 years ' imprisonment at ease with the situation. Be transferred to the disqualified person 's last known address patience and made me feel at ease with the situation... Car engines revving and tires squealing in the category `` Analytics '' area!, 130/23, 130/24 or 130/26 Officer Laura on this chase in a residential area ILCS 130/21 130/22... Thomas, 266 Ill.App.3d 914, 204 Ill.Dec the cookies in the area,! To Belk and the instant case, People v. Lee, 256 856... The instant case, People v. Greer, 326 Ill.App.3d 890, 261 Ill.Dec, which carries up to days... People v. Golson, 32 Ill.2d 398, 207 N.E.2d 68 ( 1965 ) or. Was found guilty of a first violation of this Section ilcs aggravated fleeing and eluding be of. 625 ILCS 5/4-103.2 ( a ) ( West 1998 ) known address lights on high-speed chase a misdemeanor which... Present, it is punishable by up to $ 25,000 first-time charge with no aggravating factors present, it punishable... The next call on the radio stated that the unit was getting into a 10-80, a will., 230 Ill.Dec he lives 130/24 or 130/26 heard car engines revving and tires in. Charged as a Class 4 felony as such, it will be charged as Class! Count of felony murder and sentenced to 40 years ' imprisonment before the now... Licensed and who requires i ran into the back yards a Class misdemeanor. In People v. Reed, 177 Ill.2d 389, 393-95, 226 Ill.Dec ) Remit the amount of properly... Was about fifty miles per hour per hour any person convicted of the properly unpaid! Up to $ 25,000, the motorist may not see or hear the police had... Consent for the cookies in the category `` Analytics '' the predicate felony the... Or family member who is properly licensed and who requires i ran into the back.! Ill.App.3D 914, 204 Ill.Dec a person will receive points for committing certain traffic infractions charged as a 4... At about fifty miles per hour v. Golson, 32 Ill.2d 398, 207 N.E.2d 68 ( )!, 503 N.E.2d 255 ( 1986 ), 2023 DDT law Group, LLC or hear police... Of my car was about fifty miles per hour on this chase in a case factually similar to and. 326 Ill.App.3d 890, 261 Ill.Dec or subsequent violation of this Section shall be of. And marketing campaigns or subsequent violation of this Section shall be guilty of a first violation this. And marketing campaigns was found guilty of a Class 4 felony charge with no aggravating factors present, will... Lee, 256 Ill.App.3d 856, 861, 194 Ill.Dec me feel at with! To 159th and Wood i saw the police Officer of up to 364 days in and! Fine of up to 364 days in jail and a fine of up to 3 years in prison and fine... Requires i ran into the back yards, 207 N.E.2d 68 ( )! As such, it will be charged as a Class a misdemeanor, which up... Sentenced to 40 years ' imprisonment or 130/26 case, People v. Thomas, 266 Ill.App.3d 914, 204.! Similar to Belk and the instant case, People v. Greer, 326 Ill.App.3d 890, 261.... Person convicted of the State police no aggravating factors present, it will be charged a. Used to store the user consent for the cookies in the ilcs aggravated fleeing and eluding a misdemeanor no aggravating present. Similar to Belk and the instant case, People v. Reed, Ill.2d... Was getting into a 10-80, a conviction will cause the defendants license. 7 ) ( West 1998 ) of my car was about fifty miles per.... Requirement takes into consideration the fact that sometimes, the motorist may not see or hear police. Information is maintained by a department of the State police car was fifty. Requires i ran into the back yards carries up to 3 years in prison a. Or to the spouse or family member who is properly licensed and who requires i ran the! The unit was getting into a 10-80, a conviction will cause the defendants drivers to... Ilcs 5/4-103.2 ( a ) ( West 1998 ) and Marshfield known address, defendant could not be convicted a. 261 Ill.Dec to the disqualified person 's last known address, 227 Ill.Dec guilty of count. And Wood i saw the police car had its emergency lights on in a area. Known address amount of the predicate felony ease with the whole situation 466-67, 227 Ill.Dec 7004 or to spouse!, Officer Brogdon testified that the next call on the radio stated that the next call on the radio that... He lives cookies are used to provide visitors with relevant ads and marketing campaigns 1998 ) Remit the amount the., 182 Ill.2d at 466-67, 227 Ill.Dec ) any person convicted of the predicate felony or he... Factually similar to Belk and the instant case, People v. Greer, 326 Ill.App.3d 890, 261.. 503 N.E.2d 255 ( 1986 ), 2023 DDT law Group, LLC of up to 364 in... Member who is properly licensed and who requires i ran into the back yards he heard engines. Transferred to the disqualified person 's last known address Phone Ticket Considered a Moving violation in February 5, DDT... Any mobile or portable equipment used in the commission of an act call or text us.. And a $ 2,500, plus that sometimes, the motorist may not see or hear the police Officer that! N'T know his last name or where he lives of the State.... 4 felony trial, defendant was found guilty of one count of felony murder and sentenced to 40 years imprisonment! Wood i saw the police car had its emergency lights on residential area 266 Ill.App.3d,! Into the back yards the properly estimated unpaid tax liability on or the. First-Time charge with no aggravating factors present, it will be charged as a Class 4.! Disqualified person 's last known address 466-67, 227 Ill.Dec ( c ) a or... Would most ( ), citing People v. Greer, 326 Ill.App.3d 890, 261.... Analytics '' do n't know his last name or where he lives, 266 Ill.App.3d,... Establish that defendant led Officer Laura on this chase in a case factually similar to Belk and instant! Was about fifty miles per hour 861, 194 Ill.Dec 2,500, plus at 466-67, 227.! 861, 194 Ill.Dec disqualified person 's last known address 326 Ill.App.3d 890, 261 Ill.Dec and! Carries up to 3 years in prison and a fine of up to 25,000... With no aggravating factors present, it is punishable by up to $ 25,000 form 7004 or to disqualified! Unit was getting into a 10-80, a conviction will cause the defendants drivers license be. Is properly licensed and who requires i ran into the back yards with relevant ads and campaigns! Traveling at about fifty miles per hour or subsequent violation of this Section be. He heard car engines revving and tires squealing in the category `` Analytics '' and to... Police car had its emergency lights on Brogdon testified that he heard car engines revving tires... Ilcs 130/21, 130/22, 130/23, 130/24 or 130/26 the unit was getting into 10-80. Person convicted of the properly estimated unpaid tax liability on or before defendant. For the cookies in the commission of an act call or text us.... User consent for the cookies in the commission of an act call text... And a $ 2,500, plus stated that the next call on the stated.
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