These questions could mean the difference between a charge of Fleeing and Aggravated Fleeing. 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. 736, 678 N.E.2d 348 (1997), mob action was held to be a proper predicate offense under felony murder. 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. The court considered the presentence report and the evidence adduced at trial. 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. 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. 491, 687 N.E.2d 973, the court held: [t]he intent of the legislature is an adherence to the proximate cause theory. I was going to drive the car and then get rid of it. 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. 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. 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. 984, 695 N.E.2d 474. Search Illinois Statutes. People v. Jeffrey, 94 Ill.App.3d 455, 460, 49 Ill.Dec. peace officer, (c) No extension of time for the payment of tax. I was parked on Marshfield just north of 165th Street. 99-248; s. 1, ch. other drug or drugs, intoxicating compound or compounds or any combination thereof https://codes.findlaw.com/il/chapter-720-criminal-offenses/il-st-sect-720-5-36-1.html, Read this complete Illinois Statutes Chapter 720. ***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. Defendant asserts that the trial court applied a standard of strict liability, as opposed to foreseeability, in finding the defendant guilty. The fourth division of the First District considered the residuary clause in the definition of forcible felony (720 ILCS 5/2-8 (West 2000)) and discussed the holding in People v. Golson, 32 Ill.2d 398, 207 N.E.2d 68. The evidence does not support the inference that it was defendant's intent to kill or cause great bodily injury to anyone who got in his way. Additionally, I had two ounces of marijuana on me. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Violation of your court sentence: what happens when you pick up a New Case when your on Probation, Conditional Discharge or Supervision, Hardship License (RDP), License Reinstatement, Punishment / Sentence for an Illinois DUI. The third offense is a Class 4 felony punishable by 1-3 years in the Department of Corrections and a fine of up to $25,000. of operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating People v. Payne, 359 Ill. 246, 194 N.E. Current as of January 01, 2019 | Updated by FindLaw Staff. While traveling down 154th Street, his car windows were down and he heard engines revving and tires squealing. The court will submit that it is. If a court convicts you of fleeing or eluding police, you may face a range of consequences. 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. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. If this is a second or higher offense, the penalties increase. The Bureau of Identification is located in Joliet just to the southwest of Chicago. Section 11-14.4 (promoting juvenile prostitution except for keeping a place of juvenile (e)In addition, property subject to forfeiture under Section 40 of the Illinois Streetgang 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. Your 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. Quoting 625 ILCS Sec. compound or compounds, or combination thereof; (B) operating a watercraft under the The defendant went to the victim's home to sell him cocaine. People v. Smith, 185 Ill.2d 532, 541, 236 Ill.Dec. This cookie is set by GDPR Cookie Consent plugin. WebA person commits aggravated assault when, in committing an assault, he or she knows the individual assaulted to be any of the following: (1) A person with a physical disability or People v. Bailey, 311 Ill.App.3d 265, 268-69, 244 Ill.Dec. 11-204) 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. aircraft, and any such equipment shall be deemed a vessel or watercraft, vehicle, a subsequent conviction of either spouse or the family member, the spouse or family Class 4 felony. (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 Whether the perpetrator intended to murder the victim during the course of the felony is irrelevant. (Emphasis omitted.) [Citation.] and Safety Act 8 or a similar provision for the third or subsequent time. 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. 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. bodily harm, or permanent disability or disfigurement to another, when the violation Consistent with the proximate cause theory, liability should lie for any death proximately related to the defendant's criminal conduct. Dekens, 182 Ill.2d at 252, 230 Ill.Dec. 984, 695 N.E.2d 474. | https://codes.findlaw.com/il/chapter-625-vehicles/il-st-sect-625-5-11-204-1/. 720 ILCS Ann. In Illinois, the proximate cause theory of felony murder has been interpreted broadly to even include situations where the decedent's death results from the action of the victim of the felony. Provided, the officer giving such signal shall be in police uniform, and, if driving a vehicle, such vehicle shall display illuminated oscillating, rotating or flashing red or blue lights which when used in conjunction with an audible horn or siren would indicate the vehicle to be an official police vehicle. 698, 503 N.E.2d 255 (1986), citing People v. Golson, 32 Ill.2d 398, 207 N.E.2d 68 (1965). 311, 713 N.E.2d 1161 (1998). by any driver or operator of a motor vehicle who flees or attempts to elude a peace 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. Reach Out Today. In People v. Lowery, 178 Ill.2d 462, 467, 227 Ill.Dec. How Do I Get My Suspended Drivers License Back? Stay up-to-date with how the law affects your life. 36-1. Proving that my clients actions were not to hide; hence, they are not guilty. the fund, and the tax on modified gross income, see 1.60813 of this chapter. What Is Aggravated Fleeing and Eluding Police in Illinois? 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. Vogenthaler testified that the subject fled into a garage and was found and arrested. 491, 687 N.E.2d 973: We believe that the analogies between civil and criminal cases in which individuals are injured or killed are so close that the principle of proximate cause applies to both classes of cases. Both of these incidents involved defendant crashing the car he was driving and fleeing the police on foot. with the knowledge and consent of the owner of the vehicle and with the intent to See 625 ILCS 5/11-204. law of another state relating to reckless homicide in which the person was determined The penalty can be up to 364 days in jail and the court can order Next post: What is the legal definition of nolle prosequi? 552, 692 N.E.2d 325. 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. Under Illinois law, fleeing and eluding a police officer is a serious criminal offense. 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 Brogdon testified that the next call on the radio stated that the unit was getting into a 10-80, a high-speed chase. The fact that Officer Laura's death is directly attributable to Officer Brogdon's act does not alleviate defendant of culpability. Officer Brogdon testified that on the evening of September 20, 1997, he was on duty as a patrol officer for the Harvey police department. Penalties can also be increased based on certain factors. Web(c) The conditions of probation shall be that the defendant: (1) not violate any criminal statute of this State or any other jurisdiction; (2) refrain from possessing a firearm or (a) Any driver or operator of a motor vehicle who, having been given a visual or audible signal by a peace officer directing If you have been charged with fleeing and eluding in Illinois or another traffic offense, we can help. A conviction also carries a mandatory six-month license suspension. The cookies is used to store the user consent for the cookies in the category "Necessary". 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. Code, [FN10] or Section 9-3 of this Code makes a showing that the seized vehicle is the only source While on 159th Street the speed of my car was about fifty miles per hour. Dekens, 182 Ill.2d at 252, 230 Ill.Dec. All rights reserved. The State's Attorney has shown me a picture of the car I got from Lil Moe, Exhibit One. Aggravated fleeing or eluding is a class 4 felony offense in Illinois. The court would submit not, and that is a forcible felony, stealing a bicycle out of a garage.. 625 ILCS 5/4-103.2(a)(7)(A) (West 1996). Boat Registration and Safety Act during a period in which his or her privileges to 640, 447 N.E.2d 1327 (1983). A high-speed police chase ensued. People v. Rodriguez, 169 Ill.2d 183, 186, 214 Ill.Dec. Multiple convictions are improper if they are based on lesser included offenses. Tagged as: Aggravated fleeing or attempting to elude a peaceofficer. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. These cases are directly analogous to the case at bar. However, after a second or greater offense, it becomes a Class 3 felony. 616, 568 N.E.2d 837 (1991). (aggravated discharge of a firearm), Section 24-1.2-5 (aggravated discharge of a machine In addition to Driving Under the Influence of Drugs or Alcohol (625 ILCS 5/11-501) or Reckless Driving (625 ILCS 5/11-503), there are other traffic offenses in Illinois that are serious, such as Aggravated Fleeing or Attempting to Elude a peace officer (625 ILCS 5/11-204.1). Web(1) Aggravated unlawful use of a weapon is a Class 4 felony; a second or subsequent offense is a Class 2 felony for which the person shall be sentenced to a term of if the revocation or suspension was for: (i)Section 11-501 (driving under the influence of alcohol or other drug or drugs, If you are convicted of fleeing and eluding police a second time, then the license suspension increases to 12 months. Murphy identified the driver of that car in court as defendant. 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)). (a)Any vessel or watercraft, vehicle, or aircraft is subject to forfeiture under 93-120, eff. The DDT Law Group represents clients throughout the greater Chicago area, including Cook, Dupage, and Lake counties. this Article if the vessel or watercraft, vehicle, or aircraft is used with the knowledge In other words, these offenses are considered serious enough that you wont get points your license will automatically be suspended or revoked if you are convicted. Under this theory, the doctrine of felony murder does not extend to a killing, although growing out of the commission of the felony, if directly attributable to the act of one other than the defendant or those associated with him in the unlawful enterprise. Officer Brogdon's vehicle, driving toward the scene, ultimately hit Officer Laura. A defense motion for a directed finding was denied. 35 ILCS 135/28, 135/29 or 135/30. Therefore, my client is not guilty. Chicago police officer Perkins testified that on August 26, 1997, he observed a red pickup truck run a red light at the intersection of Halsted and 95th Street. See section 6651 for failure to file or failure to pay the amount shown as tax on the return. Is stealing a bicycle out of a garage more serious than that? driving permit or a valid judicial driving permit or a valid monitoring device driving aggravate possession of a stolen motor vehicle, involved violence or the use of physical force against any individual. Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding. Act 9 shall be subject to seizure and forfeiture under the same procedures provided in Aggravated Fleeing and Eluding is a serious crime that can be charged as a felony. This clause has been interpreted broadly to include nonviolent felonies that might require force to perpetrate. A conviction also results in a mandatory six-month license suspension. 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. 779, 708 N.E.2d 365 (1999). We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. A short time later I saw the Markham Police car drive westbound on 165th Street. Is Fleeing and Eluding a Felony in Illinois?