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 officer, after being given a visual or audible signal by a peace officer in the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or (625 ILCS 5/11-204.1.) (b) Requirements. The trial court, in finding defendant guilty of felony murder, recognized that aggravated PSMV was not specifically enumerated under the statute. 35 ILCS 135/28, 135/29 or 135/30. date prescribed for filing the return if the disqualified person files an application guilty of a Class 3 felony, and upon notice of such a conviction the Secretary of We believe that the language in Belk, which focused on the defendant's lack of an intent to kill as grounds for reversal, is contrary to the legal precedent in Illinois addressing felony murder. Multiple convictions are improper if they are based on lesser included offenses. 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 (c)In addition, when a person discharges a firearm at another individual from a vehicle Perkins stated that the truck sped up proceeding south down Halsted. , fleeing and eluding a police officer is a serious criminal offense. The primary goal in construing a statute is to ascertain and give effect to legislative intent. WebSec. The court will submit that it is. The postal inspectors were shot and killed by one of the other men. 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. (2) 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. 775.082, s. 775.083, or The process is called forfeiture. 730 ILCS 5/5-8-1 (West 1994). 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 What types of traffic tickets can cancel an Illinois commercial drivers license? He characterized the incident as a high speed chase.. vehicles registration plate or digital registration plate. The offense of fleeing or attempting to elude a peace officer is a Class A misdemeanor in Illinois. Under section 2-8, a forcible felony is defined as follows: Forcible felony. Defendant asserts that the trial court applied a standard of strict liability, as opposed to foreseeability, in finding the defendant guilty. ]. Pugh, 261 Ill.App.3d at 77-78, 199 Ill.Dec. 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. How Many Points Will I Get on My License for Fleeing and Eluding? Aggravated Fleeing and Eluding charges can usually be reduced or completely dropped depending upon the specific facts. Golson, 32 Ill.2d at 407-08, 207 N.E.2d 68. intoxicating compound or compounds or any combination thereof). Quality defense at a reasonable price. with the knowledge and consent of the owner of the vehicle and with the intent to 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. Our supreme court has unequivocally held that Illinois follows the proximate cause theory of felony murder as opposed to the agency theory. The defendant drove his car through a red light at a busy intersection, striking a car with two occupants, both of whom died. if the revocation or suspension was for: (i)Section 11-501 (driving under the influence of alcohol or other drug or drugs, Some time after seven p.m. Probation is possible. 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. Aggravated fleeing or attempting to elude a peaceofficer. How Much Time Will You Get for Aggravated Fleeing and Eluding in Illinois? be transferred to the spouse or family member who is properly licensed and who requires In the typical case of felony murder, there is no malice in fact with respect to the homicide, the malice is supplied by the law. There is an intended felony and an unintended homicide. A person will receive these charges if they failed to stop when signaled to do so. (ii)Section 11-501.1 (statutory summary suspension or revocation), (iii)paragraph (b) of Section 11-401 (motor vehicle accidents involving death or 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. 437, 641 N.E.2d 867 (1994), the defendant was driving a car containing clothing that had just been stolen by his two passengers. forfeiture under the same procedures provided in this Article for the seizure and Schedule a call with one of our experienced lawyers today. The cookie is used to store the user consent for the cookies in the category "Other. This charge is classified as a Class A Misdemeanor, which carries up to 364 days in jail and a $2,500, plus. will be allowed an automatic 6month extension of time to file the return after the subdivision (f)(2) or (f)(3) of Section 16-25 (retail theft), Section 18-2 (armed or combination thereof and was involved in an accident that resulted in death, great (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: (5) involves the concealing or altering of the. 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). 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. If you are charged with this crime, you could be sentenced to jail time and required to pay a steep fine. Contact us. I was in the driver's seat. My lawyer Kaitlyn was ama(). 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. Your license will also be suspended, and subsequent violations would be upgraded to a Class 3 felony, which carries even stiffer penalties. Brewton testified that at around 7:30 p.m. that night she was sitting on her front porch and heard sirens. While its unlikely that youll see jail time for a first offense, there is one other significant factor at play. 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. of transportation and it is determined that the financial hardship to the family as 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. 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. 926, 609 N.E.2d 294 (1993) (predicate felony of home invasion was a lesser included offense of felony murder requiring defendant's conviction and sentence for home invasion to be vacated); also see People v. Flores, 128 Ill.2d 66, 96, 131 Ill.Dec. However, the trial court determined that the facts of this case brought defendant's commission of aggravated PSMV within the residuary clause any other felony which involves the use or threat of physical force or violence against any individual (720 ILCS 5/2-8 (West 1996)) and, hence, felony murder was applicable. 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. 11-204.1. The facts establish that defendant led Officer Laura on this chase in a residential area. A defense motion for a directed finding was denied. 94-276; s. 896, ch. *** And, the fact that the precise manner in which death occurred to a particular victim may not have been foreseen by that felon also does not relieve him of responsibility. 423, 613 N.E.2d 740 (1993). Any vehicle used in the commission of felony fleeing or attempting to elude can be seized by the state and sold at auction. The trial court's finding on this issue was based on uncontradicted evidence. 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. 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. Cite this article: FindLaw.com - Illinois Statutes Chapter 720. In a forfeiture hearing, the State can prevail even if the defendant was found not guilty of the criminal offense. Generally, for a first-time charge with no aggravating factors present, it will be charged as a Class A misdemeanor. forfeiture of vehicles used in violations of clauses (1), (2), (3), or (4) of subsection (a) Any driver or operator of a motor vehicle who, having been given a visual or audible signal by a peace officer directing Consequently, we hold that the trial court did not abuse its discretion in sentencing the defendant to 40 years' imprisonment. permanent disability or disfigurement to another, when the violation was a proximate 5 Officer Andrew Lawler of the Rock Island Police Department testified that he was on Defense strategies may include questioning the actions listed above to see if the prosecutor can prove beyond a reasonable doubt that they were violated. What Is Aggravated Fleeing and Eluding Police in Illinois? Get a Free Case Review with one of our experienced lawyers today! In addition, a 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. 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 People v. Smith, 185 Ill.2d 532, 541, 236 Ill.Dec. Our supreme court stated in People v. Lowery, 178 Ill.2d at 466-67, 227 Ill.Dec. 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 How Does Illinois Address Possession of a Controlled Substance? 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 616, 568 N.E.2d 837 (1991). prescribed in subsection (a) of Section 11-204 of this Code, and such flight or attempt That defendant led officer Laura on this issue was based on lesser included offenses 720 ILCS 5/9-1 ( ). Failed to stop when signaled to do so construing a statute is to ascertain and give effect to intent. Applied a standard of strict liability, as opposed to foreseeability, in finding defendant... $ 2,500, plus with this crime, you could be sentenced to time... Dropped depending upon the specific facts trial court, in finding the defendant.... Points will I Get on My License for Fleeing and Eluding police in Illinois the proximate cause theory of murder. Motion for a directed finding was denied standard of strict liability, as opposed to the agency theory finding. 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