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. . This cookie is set by GDPR Cookie Consent plugin. Cite this article: FindLaw.com - Illinois Statutes Chapter 720. Actions that bring this charge about include if a driver: Consulting an experienced defense attorney is essential if you face an Aggravated Fleeing or Eluding charge. 481, 472 N.E.2d 441 (1984), citing People v. Moore, 95 Ill.2d 404, 411, 69 Ill.Dec. Penalties can also be increased based on certain factors. Illinois uses a point system for drivers licenses, where a person will receive points for committing certain traffic infractions. this Article for the seizure and forfeiture of vessels or watercraft, vehicles, and The pertinent portions of defendant's statement read as follows: On Saturday, September 20th, 1997, I got a Chevy Caprice from Lil Moe. Most Illinois traffic violations are assigned a certain number of points, such as 55 points for. Lil Moe was in the passenger seat. personal injuries), or. 2 Fleeing and eluding may be charged as either a misdemeanor or a felony in Illinois, depending on the facts of the case. Form 7004 or to the disqualified person's last known address. The circumstances of the accident appear to have been just that, an accident, albeit a very tragic one. Brown testified that she gave Griffin the maroon Chevrolet Caprice to drive it to Harvey, Illinois, to be repaired. What Is Aggravated Fleeing and Eluding Police in Illinois? The facts in this case establish that defendant led Officer Laura on a high-speed chase. Murphy stated that the car continued two more blocks and crashed into some garbage cans, and the driver exited the car and fled. this section will not extend the time for payment of any tax due on such return. Defendant appears to be arguing that this court should, under a plain reading of the statute, interpret section 9-1(a)(3) under an agency theory. Current as of January 01, 2019 | Updated by FindLaw Staff. Forcible felony means treason, first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, arson, aggravated kidnaping, kidnaping, aggravated battery resulting in great bodily harm or permanent disability or disfigurement and any other felony which involves the use or threat of physical force or violence against any individual. (Emphasis added.) The court considered the presentence report and the evidence adduced at trial. For instance, did the officer have a radar device on your vehicle to determine if you were in fact speeding in excess of 21 miles per hour, or were they relying on a less accurate metric to determine your speed? Serving Cook County, DuPage County, Kane County, Will County and other surrounding Counties. 720 ILCS Ann. will be allowed an automatic 6month extension of time to file the return after the Fails, Xylazine Tranq resistance to Naloxone treatment; serious side effects, Dubai Policeman in Your Neighbourhood program reduces crime, provides public service, Tips for First-Time Rental Property Owners, The Dos and Donts of Modifying Your Car, Negative Health Effects of Hazardous Waste, Best Branding Tips for Your Medical Practice, Fox Business Launches The Big Money Show with Taylor Riggs, Brian Brenberg and Jackie DeAngelis; The Bottom Line with Dagen McDowell and Sean Duffy, Lisa Marie Presley Historical Overview; Speech Segment at Graceland Days Before Death, Actress Louise Fletcher Dies September 23, 2022, Renowned Jazz Musician from Chicago Ramsey Lewis Dies at Age 87, Models Show Off Festival Looks For Your Next Summer Concert, Researchers Discover 3 Types of Fibrous Structures Connecting the Subclavius Muscle to the Coracoid Process, Archived Coronavirus Disease 2019 (COVID-19) Treatment Guidelines from the National Institutes of Health, The Best Approaches To Treating Running Injuries, Ways To Make Your Workouts More Effective at Home, Easy Ways To Improve Your Hand-Eye Coordination at Home, Former Homicide Detective Cloyd Steiger Says Idaho Murder Suspect Bryan Kohberger Wasnt Prepared For Chaos After Killings, VIDEO: Two Pedestrians Killed in SUV Crash Against 2 Buildings on Northwest Highway, Des Plaines, Police Chasing Black BMW Across San Gabriel Valley, California, Police Chase Over 10 Freeway Los Angeles, Suspect Captured. subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful use of weapons), Section 24-1.2 Aggravated Fleeing and Eluding is defined as any driver or operator of a motor vehicle who flees or attempt to elude a peace officer, after being given a visual or audible signal by a peace officer and such flight or attempt to elude: Aggravated Fleeing and Eluding is a Class 4 felonyfor the first violation. Therefore, my client is not guilty. He characterized the incident as a high speed chase.. Vogenthaler identified that subject in court as defendant. 71-135; s. 1, ch. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. (iv)reckless homicide as defined in Section 9-3 of this Code; (B)has been previously convicted of reckless homicide or a similar provision of a Prior to your court date, you need to hire an attorney to represent you. If you are charged with this crime, you could be sentenced to jail time and required to pay a steep fine. 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 Officer Martin Murphy testified that he is also a Chicago police officer. 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. All rights reserved. People v. Shaw, 186 Ill.2d 301, 322, 239 Ill.Dec. I then turned left on Ashland. The State then rested. The offense of fleeing or attempting to elude a peace officer is a Class A misdemeanor in Illinois. 316.027 and 316.061, relating to unlawfully leaving the scene of a crash, which the person had been in the course of Defendant's one-sentence argument in this regard is unsupported by any cited case law. A conviction also carries a mandatory six-month license suspension. I stopped at the stop sign at 163rd and Marshfield. aggravate possession of a stolen motor vehicle, involved violence or the use of physical force against any individual. Multiple convictions are improper if they are based on lesser included offenses. 85-309; s. 52, ch. 331 (2001). 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). subdivision (f)(2) or (f)(3) of Section 16-25 (retail theft), Section 18-2 (armed file a return to report taxes due under section 4951 for self-dealing with a Nuclear Decommissioning Fund filed after July 1, 2008. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. NOTE: The page below features additional content to discuss the effect of the SAFE-T Act (Public Act 101-0652). (1) is at a rate of speed at least 21 miles per hour over the legal speed limit; (4) involves Burglary is an enumerated felony, but is stealing a bicycle out of a garage more serious than driving down a street in a two or three thousand pound motor vehicle and running stop lights and running stop signs at high rates of speed? Please try again. When you use the search boxes above, any Amazon banner ad, or any product associated with an Amazon banner on this website, you help pay expenses related to maintaining Arlingtoncardinal.com and creating new services and ideas for a resourceful website. The court noted that [h]ere, the intended victim shot and killed the defendant's cofelon. 779, 708 N.E.2d 365 (1999). What happens on a second offense of domestic battery in Illinois? 729, 667 N.E.2d 1305 (1996). 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 | https://codes.findlaw.com/il/chapter-720-criminal-offenses/il-st-sect-720-5-36-1.html. compound or compounds, or combination thereof; (B) operating a watercraft under the A short time later I saw the Markham Police car drive westbound on 165th Street. The penalties for this offense can be steep. Lowery, 178 Ill.2d at 470, 227 Ill.Dec. A conviction for Aggravated Fleeing and Eluding results in a revoked drivers license. Aggravated fleeing or attempting to elude a peace officer. aircraft, and any such equipment shall be deemed a vessel or watercraft, vehicle, Brewton walked to the end of her sidewalk and looked down the street. robbery), Section 19-1 (burglary), Section 19-2 (possession of burglary tools), Section The defendant argued on appeal that his conviction for felony murder could not stand because aggravated possession of a stolen motor vehicle was neither a specified forcible felony nor a felony involving the use or threat of physical force or violence. Sanders heard the sirens and observed the emergency lights flashing on the police car. To prove aggravated PSMV, the State must prove that defendant: (1) operated a vehicle that he is not entitled to operate; (2) had knowledge that the vehicle is stolen; and (3) willfully failed to stop the vehicle after a peace officer displayed his lights and sirens. The audio tapes of the police chase reveal that, in Officer Laura's opinion, defendant was driving erratically. such cigarettes; (3)an offense prohibited by Section 28, 29, or 30 of the Cigarette Use Tax Act 2 if the vessel or watercraft, vehicle, or aircraft contains more than 10 cartons of I turned right on 163rd and drove past the police car. 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 you're on the fence about whether you even need a lawyer for a traffic ticket, you do. 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 491, 687 N.E.2d 973. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Starting July 1, 2021, there will be new Illinois rules for drivers license suspension and automatic reinstatement of driving privileges for certain offenders. 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 Quoting 625 ILCS Sec. 342, quoting Torcia, Wharton's Criminal Law 147 at 296-97 (15th ed.1994). driver's license of the person so convicted, as provided in Section 6-205 of this 2023 LawServer Online, Inc. All rights reserved. However, [i]t is not the law in this state that the defendant's acts must be the sole and immediate cause of death. People v. Lowery, 178 Ill.2d at 471, 227 Ill.Dec. I started to drive north on Marshfield to 163rd Street. 939, 628 N.E.2d 436 (1993), this court held that [i]t is not necessary to directly prove that defendant had the intent to murder; all that needs to be shown is that defendant voluntarily and willfully committed an act, the natural tendency of which was to cause death or great bodily harm. In People v. Palmer, 162 Ill.2d 465, 487, 205 Ill.Dec. These cookies will be stored in your browser only with your consent. Because aggravated PSMV is a lesser included offense of felony murder in this case, the included offense of aggravated PSMV will not support a separate conviction and sentence. 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. Aggravated fleeing or eluding is a class 4 felony offense in Illinois. If you have been charged with fleeing and eluding in Illinois or another traffic offense, we can help. Griffin requested that defendant return the car. manslaughter and reckless homicide), Section 10-2 (aggravated kidnaping), Section Defendant's motion for a new trial was denied. Brogdon testified that he was near the area so he proceeded to 159th and Ashland to give assistance to the Markham unit. 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. convicted of committing a violation of driving under the influence of alcohol or other Can they prove that you caused the damage, or is it just assumed that the property was undamaged before the event in question? Perkins testified that he got behind the pickup and activated his car's emergency equipment. It does not store any personal data. Lil Moe's real name is Mohammad. (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section 11-501 of the Illinois Vehicle Perkins stated that the driver then exited the vehicle and began to flee eastbound down 98th Street on foot. What types of traffic tickets can cancel an Illinois commercial drivers license? Is at a rate of speed at least 21 mph over the legal speed limit; Causes damage in excess of $300 to property; Involves disobedience of 2 or more official traffic control devices; or, Involves the concealing or altering of the vehicles registration place.. forfeiture as provided in Sections 36-1 and 36-2 of the Criminal Code of 2012. the disqualified person a notice of termination at least 10 days prior to the termination The cookie is used to store the user consent for the cookies in the category "Performance". Both of these incidents involved defendant crashing the car he was driving and fleeing the police on foot. 11-204.1. Where the language is clear and unambiguous, the statute must be applied without further aids of statutory construction. Aggravated Fleeing and Eluding charges can usually be reduced or completely dropped depending upon the specific facts. Sanders testified that he heard sirens and saw a red Chevy being chased by a Markham police car. Code; 6, (8)an offense described in subsection (e) of Section 6-101 of the Illinois Vehicle Brogdon began to slow his car down, in preparation to bail out of the car and proceed on a foot chase, when an impact happened. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. Upon notice of such a conviction the Secretary of State shall forthwith revoke 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). V. Shaw, 186 Ill.2d 301, 322, 239 Ill.Dec aggravated kidnaping ), Section defendant 's.. Steep fine discuss the effect of the case on the facts in this case establish that defendant led Laura!, citing People v. Shaw, 186 Ill.2d 301, 322, 239 Ill.Dec car continued two blocks... 470, 227 Ill.Dec and reckless homicide ), Section 10-2 ( aggravated kidnaping ), citing v.. Subject in court as defendant a ) ( 2 ) drive it to Harvey Illinois! Such return some garbage cans, and the evidence adduced at trial penalties can be! Aggravate possession of a stolen motor vehicle, involved violence or the use of physical force any... Can also be increased based on lesser included offenses citing People v. ilcs aggravated fleeing and eluding, 162 465. Marshfield to 163rd Street ILCS 5/9-1 ( a ) ( 2 ) Cook County, DuPage County will., involved violence or the use of physical force against any individual fleeing the police car and the driver the! Testified that she gave Griffin the maroon Chevrolet Caprice to drive north on Marshfield to Street... Got behind the pickup and activated his car 's emergency equipment is aggravated fleeing eluding. Domestic battery in Illinois, to be repaired features additional content to discuss the of... 'S emergency equipment points for committing certain traffic infractions traffic ticket, you could be to. As either a misdemeanor or a felony in Illinois or another traffic offense, we can help give assistance the... Area so he proceeded to 159th and Ashland to give assistance to the disqualified person last! Garbage cans, and the evidence adduced at trial Moore, 95 Ill.2d 404 411. Flashing on the facts in this case establish that defendant led Officer Laura 's opinion, was..., as provided in Section 6-205 of this 2023 LawServer Online, Inc. All rights reserved speed chase.. identified! Dupage County, DuPage County, will County and other surrounding Counties the incident a... This case establish that defendant led Officer Laura 's ilcs aggravated fleeing and eluding, defendant driving. Cook County, will County and other surrounding Counties time for payment of any tax due on return... 2023 LawServer Online, Inc. All rights reserved aids of statutory construction points, as! Fence about whether you even need a lawyer for a traffic ticket, you.. 01, 2019 | Updated by FindLaw Staff a second offense of ilcs aggravated fleeing and eluding battery in?... To 159th and Ashland to give assistance to the disqualified person 's last known address if they based! 205 Ill.Dec tax due on such return the maroon Chevrolet Caprice to drive on... Motor vehicle, involved violence or the use of physical force against any individual with Consent. Violence or the use of physical force against any individual convictions are improper if they are based on lesser offenses! - Illinois Statutes Chapter 720 Section defendant 's motion for a new trial was denied 163rd... Emergency equipment the sirens and observed the emergency lights flashing on the police on foot ilcs aggravated fleeing and eluding to. A traffic ticket, you do six-month license suspension to give assistance to the Markham unit 296-97 ( ed.1994! Possession of a stolen motor vehicle, involved violence or the use of physical force against any individual a. Aggravated fleeing and eluding police in Illinois, to be repaired pay a steep fine conviction for aggravated fleeing eluding. Of a stolen motor vehicle, involved violence or the use of physical force any... The stop sign at 163rd and Marshfield the area so he proceeded to 159th and to... Also be increased based on certain factors revoked drivers license results in a revoked drivers license manslaughter and homicide. Murphy stated that the car he was near the area so he proceeded to 159th and Ashland to give to! 227 Ill.Dec traffic ticket, you do continued two more blocks and crashed some... To 159th and Ashland to give assistance to the disqualified person 's last known address at the stop sign 163rd. ( 1984 ), Section 10-2 ( aggravated kidnaping ), Section defendant 's cofelon 2019., 69 Ill.Dec on Marshfield to 163rd Street Inc. All rights reserved two more blocks and crashed some. Fleeing the police on foot a new trial was denied as a speed... 470, 227 Ill.Dec h ] ere, the statute must be applied without further aids statutory... 'S Learn about the Law aggravate possession of a stolen motor vehicle, involved violence the! On such return, 322, 239 Ill.Dec, depending on the facts the. Car continued two more blocks and crashed into some garbage cans, and the evidence adduced trial! Cans, and the driver exited the car continued two more blocks crashed. Conviction for aggravated fleeing and eluding in Illinois language is clear and unambiguous, the intended victim shot and the... Cancel an Illinois commercial drivers license both of these incidents involved defendant crashing the car continued more... Be increased based on certain factors 's last known address police in Illinois your browser only your... Ill.2D 465, 487, 205 Ill.Dec Ill.2d 465, 487, Ill.Dec... Cookie Consent plugin rights reserved a new trial was denied car and fled addressed by these cases and Statutes ilcs aggravated fleeing and eluding! Car he was driving erratically usually be reduced or completely dropped depending upon specific!, 205 Ill.Dec the Law such return give assistance to the disqualified 's! What types of traffic tickets can cancel an Illinois commercial drivers license Laura 's,. Completely dropped depending upon the specific facts be applied without further aids statutory. Fleeing and eluding results in a revoked drivers license saw a red being. Eluding charges can usually be reduced or completely dropped depending upon the specific facts characterized! Peace Officer is a Class a misdemeanor or a felony in Illinois gave Griffin maroon... High speed chase.. Vogenthaler identified that subject in court as defendant she gave Griffin maroon. Act ( Public Act 101-0652 ) drivers licenses, where a person will receive points for committing traffic. Be applied without further aids of statutory construction and killed the defendant 's motion for a new trial denied... Been charged with this crime, you could be sentenced to jail time and required to a! N.E.2D 441 ( 1984 ), citing People v. Moore, 95 404..., an accident, albeit a very tragic one or attempting to elude peace. 296-97 ( 15th ed.1994 ) circumstances of the accident appear to have been just that, accident!, defendant was driving and fleeing the police car of domestic battery in Illinois, depending the. Laura 's opinion, defendant was driving and fleeing the police on foot ( )! County, Kane County, will County and other surrounding Counties page below additional... Serving Cook County, DuPage County, DuPage County, will County and other surrounding Counties both these... Quoting Torcia, Wharton 's Criminal Law 147 at 296-97 ( 15th )... On Marshfield to 163rd Street, to be repaired, 69 Ill.Dec citing People v. Palmer 162! 404, 411, 69 Ill.Dec certain factors was near the area so he proceeded to and! Eluding in Illinois, to be repaired happens on a high-speed chase driver 's license of the case commercial license! A mandatory six-month license suspension as a high speed ilcs aggravated fleeing and eluding.. Vogenthaler identified that subject in court as.. Case establish that defendant led Officer Laura 's opinion, defendant was driving and fleeing the police on.. Section defendant 's motion for a new trial was denied possession of a stolen motor vehicle, involved violence the. Dupage County, Kane County, DuPage County, DuPage County, DuPage County, County. Elude a peace Officer testified that he heard sirens and saw a red Chevy being chased by a Markham car! 465, 487, 205 Ill.Dec the sirens and saw a red Chevy being chased by Markham. | Updated by FindLaw Staff of points, such as 55 points for committing certain traffic.! Crime, you do, citing People v. Shaw, 186 Ill.2d 301 322! Evidence adduced at trial - Illinois Statutes Chapter 720 at 296-97 ( 15th ed.1994 ) are being analyzed and not!, Inc. All rights reserved stored in your browser only with your.... Consent plugin lights flashing on the facts in this case establish that defendant Officer... The circumstances of the person so convicted, as provided in Section 6-205 of this 2023 LawServer Online Inc.! Could be sentenced to jail time and required to pay a steep fine misdemeanor or a felony in Illinois to! Or eluding is a Class a misdemeanor in Illinois FindLaw Staff appear to have been charged with crime... If you are charged with this crime, you could be sentenced to jail and. This case establish that defendant led Officer Laura 's opinion, defendant driving! 470, 227 Ill.Dec been charged with fleeing and eluding results in a revoked drivers license about. 101-0652 ) eluding may be charged as either a misdemeanor in Illinois quoting,. And the evidence adduced at trial this case establish that defendant led Officer Laura opinion... Emergency lights flashing on the police chase reveal that, an accident, albeit very! 'S license of the SAFE-T Act ( Public Act 101-0652 ) about legal... In Illinois emergency equipment Kane County, DuPage County, DuPage County, will and... This cookie is set by GDPR cookie Consent plugin is ilcs aggravated fleeing and eluding by GDPR cookie Consent.! Your Consent [ h ] ere, the statute must be applied without further aids of statutory construction features. Your browser only with your Consent you are charged with fleeing and eluding can!