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. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 11-204.1) What is the legal definition of nolle prosequi? Generally, for a first-time charge with no aggravating factors present, it will be charged as a Class A misdemeanor. The car drove through a stop sign without stopping. I then got out of the car and ran on foot. Evidence was presented that defendant's conduct of fleeing from a police officer in a stolen vehicle set in motion a chain of events in which a police officer was ultimately killed. 437, 641 N.E.2d 867 (1994), the defendant was driving a car containing clothing that had just been stolen by his two passengers. 395, 564 N.E.2d 850 (1990)), or unless it is manifestly disproportionate to the nature of the offense. be transferred to the spouse or family member who is properly licensed and who requires For example, if the evidence showed that defendant deliberately rammed his car into that of the victims or any individual who was in the direct path of the vehicle, there would be no question that the predicate felony, i.e. 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. Aggravated fleeing is a Class 4 felony, punishable by one to three years in jail, your license could be revoked and your car seized. law of another state relating to reckless homicide in which the person was determined Vogenthaler testified that at Halsted and 99th Street, he observed a black male exit a red pickup truck at a gas station and run eastbound across Halsted. 11-204.1. The 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. When an Aggravated Fleeing and Eluding charge is classified as a Class A Misdemeanor, the sentencing can be up to 364 days in jail and a $2,500 fine, plus court costs. 491, 687 N.E.2d 973 (1997). Most Illinois traffic violations are assigned a certain number of points, such as 55 points for reckless driving. out in this paragraph may be used for only one vehicle. ), Section 11-204 cause of the death or injuries; (C)the person committed a violation of driving under the influence of alcohol or | https://codes.findlaw.com/il/chapter-720-criminal-offenses/il-st-sect-720-5-36-1.html. Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding. 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 768, 622 N.E.2d 798; see also People v. Johnson, 154 Ill.2d 356, 370-72, 181 Ill.Dec. (c) No extension of time for the payment of tax. The signal given by the peace officer may be by hand, voice, siren, red or blue light. How Long Does Reckless Driving Remain on Your Illinois Driving January 9, 2023 By Attorney Tristan Hinriksson. As our cases make clear, application of the felony-murder doctrine does not depend on the guilt or innocence of the person killed during the felony or the identity of the person whose acts causes the decedent's death. Dekens, 182 Ill.2d at 252, 230 Ill.Dec. 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. I turned right on 163rd and drove past the police car. If you face an Aggravated Fleeing and Eluding charge in the state of Illinois, contactRichard at Fenbert & Associates, LLCfor a free consultation. You may be charged with a more serious crime, aggravated fleeing, and eluding if one or more factors were involved in your case. 76-31; s. 4, ch. Some time after seven p.m. I used a screwdriver to start the car. Under Illinois law, defendant could not be convicted of the predicate felony. He went with a codefendant whom he knew intended to demand repayment of a debt from the victim and knew the codefendant was armed with a handgun. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. This website uses cookies to improve your experience while you navigate through the website. These cookies ensure basic functionalities and security features of the website, anonymously. The car had its emergency lights on. People v. Bailey, 311 Ill.App.3d 265, 268-69, 244 Ill.Dec. 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). This issue is waived by defendant's failure to object at sentencing or raise the issue in a posttrial motion. Griffin stated that defendant said he was going to park the car behind the building, but he punched the accelerator and took off., Larry Mason testified that on Saturday, September 20, 1997, defendant pulled up in the maroon Caprice and asked if anyone wanted to buy the car. Presumably, this requirement takes into consideration the fact that sometimes, the motorist may not see or hear the police officer. 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. You also have the option to opt-out of these cookies. Cite this article: FindLaw.com - Illinois Statutes Chapter 625. Finally, the State presented the testimony of three police officers to testify to two prior incidents where the defendant was involved in high-speed police chases. Brogdon testified that the next call on the radio stated that the unit was getting into a 10-80, a high-speed chase. Both Tia Brewton and James Sanders testified that they heard sirens during the time of the police chase. while under the influence of alcohol or other drug or drugs, intoxicating compound In this way, a skilled attorney can put together both factual and legal defenses to the serious charge of fleeing and eluding in Illinois. A second offense of aggravated fleeing or attempting to elude a peace officer is enhanced to a Class 3 felony, which has a sentencing range of 2-5 years prison. If this is a second or higher offense, the penalties increase. of a firearm), Section 24-1.5 (reckless discharge of a firearm), Section 28-1 (gambling), The wind chill is 50. The defendant drove his car through a red light at a busy intersection, striking a car with two occupants, both of whom died. The fact that Officer Laura's death is directly attributable to Officer Brogdon's act does not alleviate defendant of culpability. Since statutory construction is a question of law, our standard of review is de novo. Aggravated Fleeing and Eluding that involves a third offense may be classified as a Class 4 felony, which carries a sentence of 1-3 years in prison and a potential $25,000 fine. 616, 568 N.E.2d 837 (1991). 2 He then called for assistance from an ambulance, a tow truck and his sergeant. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. If you continue at your normal pace and they dont catch up to you for three miles because it took them a while to catch up, this isnt an instance of someone trying to flee. aggravated fleeing or attempting to elude, 101-395, eff. Proving that my clients actions were not to hide; hence, they are not guilty. A driver in DuPage County actually had his conviction for Aggravated Fleeing and Eluding. 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. In affirming defendant's conviction on the charge of felony murder, the court stated that application of the felony-murder doctrine does not depend on the guilt or innocence of the person killed during the felony or on the identity of the person whose act causes the decedent's death. Dekens, 182 Ill.2d at 252, 230 Ill.Dec. (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section 11-501 of the Illinois Vehicle forfeiture under the same procedures provided in this Article for the seizure and 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. Maria the receptionist was awesome very understanding, patience and made me feel at ease with the whole situation. The cookies is used to store the user consent for the cookies in the category "Necessary". See 625 ILCS 5/11-204. (625 ILCS 5/11-204.1) (from Ch. Aggravated fleeing or attempting to elude a peace officer. These questions could mean the difference between a charge of Fleeing and Aggravated Fleeing. 984, 695 N.E.2d 474. Griffin testified that two days later, defendant returned to the housing projects in the Caprice. of operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating It does not store any personal data. For further guidance regarding the definition of last known address, see 301.62122 of this chapter. All rights reserved. I don't know his last name or where he lives. Boat Registration and Safety Act during a period in which his or her privileges to 625 ILCS 5/4-103.2(a)(7)(A) (West 1996). compound or compounds, or combination thereof under Section 5-16 of the Boat Registration This standard of review applies equally to bench trials. Code; 6, (8)an offense described in subsection (e) of Section 6-101 of the Illinois Vehicle Causal relationship is a question of fact that should be left to the trier of fact. However, after a second or greater offense, it becomes a Class 3 felony. That is not to say that it would never involve the use of physical force or violence. 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