1-1-04. (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. 491, 687 N.E.2d 973. and: (A)during a period in which his or her driving privileges are revoked or suspended Or asking if the prosecutor can prove beyond a reasonable doubt that property damage caused during the event was in excess of $300. of operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating So if you genuinely didnt see them in your rearview mirror and you took the next exit because thats the fastest way to your house, you should be able to get the charges dropped because you didnt intentionally try to evade. However, after a second or greater offense, it becomes a Class 3 felony. 94-276; s. 896, ch. 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. If you are convicted of fleeing and eluding police a second time, then the license suspension increases to 12 months. [Citations.] Sanders testified that he heard sirens and saw a red Chevy being chased by a Markham police car. As the holdings in Hickman, Lowery and Dekens illustrate, it is irrelevant that Officer Brogdon's act caused the death. When the charge is a felony, it is called aggravated fleeing or attempting to elude a peace officer. 539 (1935); People v. Hickman, 59 Ill.2d 89, 319 N.E.2d 511 (1974); People v. Dekens, 182 Ill.2d 247, 252, 230 Ill.Dec. Defendant, Desean McCarty, was charged by indictment with three counts of first-degree murder (for the murder of one individual), one count of aggravated possession of a stolen motor vehicle and one count of aggravated fleeing or attempting to elude a police officer. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Defendant next argues that the State failed to prove all the elements of aggravated PSMV under section 4/103.2(a)(7)(A) of the Illinois Vehicle Code (625 ILCS 5/4-103.2(a)(7)(A) (West 1998)). The same goes for if a police officer sees you committing a traffic violation but has trouble making normal maneuvers to catch up to your vehicle. stalking), Section 16-1 (theft if the theft is of precious metal or of scrap metal), Aggravated Fleeing and Eluding is a serious crime that can be charged as a felony. or compounds or any combination thereof) or a similar provision of a local ordinance, Defendant argues that his conviction for felony murder was improper because aggravated possession of a stolen motor vehicle (aggravated PSMV) is not a forcible felony under section 9-1(a)(3) of the Criminal Code of 1961 (Criminal Code) (720 ILCS 5/9-1(a)(3)(West 1996)). Section 11-1.40 (predatory criminal sexual assault of a child), subsection (a) of 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 2017 WinWithYoung.com | Illinois DUI and Criminal Law Attorney. other drug or drugs, intoxicating compound or compounds or any combination thereof 730 ILCS 5/5-8-1 (West 1994). 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. (c) No extension of time for the payment of tax. 736, 678 N.E.2d 348 (1997), mob action was held to be a proper predicate offense under felony murder. 89-282; s. 1, ch. 11-204.1. Once I got into the alley behind 155th Street I threw my marijuana to the ground. 984, 695 N.E.2d 474. Causal relation is the universal factor common to all legal liability. There are certain circumstances that must be present for the defendant to be found guilty. Defendant also argues that the State failed to prove that the death of Officer Laura was the foreseeable consequence of defendant's initial criminal acts. out in this paragraph may be used for only one vehicle. Our supreme court stated in People v. Lowery, 178 Ill.2d at 466-67, 227 Ill.Dec. (3) Remit the amount of the properly estimated unpaid tax liability on or before the Webcommits aggravated fleeing or eluding, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 The felony of aggravated fleeing or eluding constitutes a separate offense for which a person may be charged, in addition to the offense of unlawfully leaving the scene of a crash which the person had been in the Golson, 32 Ill.2d at 407-08, 207 N.E.2d 68. 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. Our supreme court has unequivocally held that Illinois follows the proximate cause theory of felony murder as opposed to the agency theory. Proven Trial Attorney Handling The Toughest Cases, On Behalf of Fenbert & Associates | Mar 1, 2019 | DUI & Traffic Defense |. Under section 2-8, a forcible felony is defined as follows: Forcible felony. Is Fleeing and Eluding a Felony in Illinois? https://codes.findlaw.com/il/chapter-720-criminal-offenses/il-st-sect-720-5-36-1.html, Read this complete Illinois Statutes Chapter 720. 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. 316.027 and 316.061, relating to unlawfully leaving the scene of a crash, which the person had been in the course of The peace of mind you'll get from having one is worth the price of admission alone. If the owner of the vehicle seized owns more than one vehicle, the procedure set That is not to say that it would never involve the use of physical force or violence. Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding. Knapp testified that the defendant indicated that the patrol car was following him with its police lights activated. How Many Points Will I Get on My License for Fleeing and Eluding? The court considered the presentence report and the evidence adduced at trial. 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. under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, 98-274; s. 140, ch. Where the language is clear and unambiguous, the statute must be applied without further aids of statutory construction. (b) Any person convicted of a first violation of this Section shall be guilty of a Class 4 felony. Most Illinois traffic violations are assigned a certain number of points, such as 55 points for. See more info at. (625 ILCS 5/11-204.1) (from Ch. 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 , fleeing and eluding a police officer is a serious criminal offense. compound or compounds, or combination thereof under Section 5-16 of the Boat Registration forfeiture under the same procedures provided in this Article for the seizure and These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. A conviction also carries a mandatory six-month license suspension. (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 71-135; s. 1, ch. 331 (2001). In People v. Lee, 256 Ill.App.3d 856, 861, 194 Ill.Dec. Murphy stated that the car then accelerated to approximately 50 to 55 miles per hour. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. Class A misdemeanor, The Commissioner must mail the notice of termination to the address shown on the I then got out of the car and ran on foot. 737, 730 N.E.2d 1202 (2000). Last Updated on Mar 1 2023, 5:51 pm CST. 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 by any driver or operator of a motor vehicle who flees or attempts to elude a peace For a repeat offense, or for situations where aggravating factors (such as excessive speed or causing injury) are present, you may be charged with a Class 4 misdemeanor. intoxicating compound or compounds, or combination thereof under Section 5-16 of the I was still traveling at about fifty miles per hour. I got a ticket for transporting an open container of alcohol. The car had its emergency lights on. You have a right to fight back, You dont need to make money to face mortgage fraud charges, Why you need to understand the scope of a search warrant. For guidance on requesting an extension of time to file Form 1120ND for purposes of Time to File Certain Business Income Tax, Information, and Other Returns, or in Before I got to 159th and Wood I saw the police car had its emergency lights on. See 625 ILCS 5/11-204. The defendant drove his car through a red light at a busy intersection, striking a car with two occupants, both of whom died. Aggravated fleeing or attempting to elude a peace officer. This section is applicable for applications for an automatic extension of time to 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. The, can be steep. driving permit or a valid judicial driving permit or a valid monitoring device driving Our legal team works hard to help each client achieve the best possible outcome for their case. I got a DUI in Illinois. Ultimately, the determination of whether a particular underlying felony involves the use or threat of physical force or violence is centered upon the manner in which the predicate offense is carried out. As I was driving toward Wood Street I looked in the mirror and saw the police car make a U-turn. Your license will also be suspended, and subsequent violations would be upgraded to a Class 3 felony, which carries even stiffer penalties. Also, it will result in the state subjecting your vehicle toseizure and forfeiture. 984, 695 N.E.2d 474. Defense strategies may include questioning the actions listed above to see if the prosecutor can prove beyond a reasonable doubt that they were violated. We serve the following Illinois cities and counties: Dupage County, Bolingbrook, Aurora, Wheaton, Woodridge, Downers Grove, Glendale Heights, Naperville, Oak Brook, Plainfield, Westmont, Cook County, Bridgeview, Chicago, Skokie, Kane County, and Batavia. 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. (9)(A)operating a watercraft under the influence of alcohol, other drug or drugs, Starting in 2021 with the SAFE-T Act, the State of Illinois will no longer suspend drivers licenses for non-moving violations. (ii)Section 11-501.1 (statutory summary suspension or revocation), (iii)paragraph (b) of Section 11-401 (motor vehicle accidents involving death or 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. 1. the Internal Revenue Service office designated in the application's instructions; a subsequent conviction of either spouse or the family member, the spouse or family 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. (c)In addition, when a person discharges a firearm at another individual from a vehicle 342, quoting Torcia, Wharton's Criminal Law 147 at 296-97 (15th ed.1994). The trial court's finding on this issue was based on uncontradicted evidence. prescribed in subsection (a) of Section 11-204 of this Code, and such flight or attempt (a)Any vessel or watercraft, vehicle, or aircraft is subject to forfeiture under TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (e)In addition, property subject to forfeiture under Section 40 of the Illinois Streetgang 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. Read more If you are charged with this crime, you could be sentenced to jail time and required to pay a steep fine. The car Lil Moe gave me was stolen. 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 its findings, the trial court noted: Is aggravated PSMV an inherently dangerous felony? (b) Requirements. (3)he is attempting or committing a forcible felony other than second degree murder. (Emphasis added.) Weve successfully challenged many fleeing and eluding cases, and we know that its hard for police to prove your intentions, so dont just let them bully you into a conviction. Naperville, IL 60563. Griffin stated that defendant had permission to use the car for only three hours; however, defendant never returned. aircraft, and any such equipment shall be deemed a vessel or watercraft, vehicle, 552, 692 N.E.2d 325. People v. Thomas, 266 Ill.App.3d at 926-27, 204 Ill.Dec. People v. Robinson, 172 Ill.2d 452, 457, 217 Ill.Dec. 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. Brogdon gave the suspect's physical description and direction of travel over the radio as the man was passing across the street. A disqualified person for purposes of section 4951(e)(4) who engaged in self-dealing with a Nuclear Decommissioning Fund, and must report People v. Jeffrey, 94 Ill.App.3d 455, 460, 49 Ill.Dec. However, the law in this state mandates that we must determine from the facts of a particular case whether it was contemplated by defendant that violence might be necessary to enable him and his companion to steal the vehicle and escape arrest. While its unlikely that youll see jail time for a first offense, there is one other significant factor at play. How Does Illinois Address Possession of a Controlled Substance? (b) Any person convicted of a first violation of this Section shall be guilty of a Class 4 felony. 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. By clicking Accept All, you consent to the use of ALL the cookies. 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. (1) Submit a complete application on Form 7004, Application for Automatic Extension ]. Pugh, 261 Ill.App.3d at 77-78, 199 Ill.Dec. 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. When defendant exited the car and began fleeing on foot, his actions caused Officer Laura to begin a foot chase. I was parked on Marshfield just north of 165th Street. This cookie is set by GDPR Cookie Consent plugin. 491, 687 N.E.2d 973. 768, 622 N.E.2d 798; see also People v. Johnson, 154 Ill.2d 356, 370-72, 181 Ill.Dec. 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. The testimony of Sanders indicated that he heard tires squealing and saw the car defendant was driving traveling at a high rate of speed. gun or a firearm equipped with a device designed or used for silencing the report [Citation.]' Upon conviction, your license will automatically be suspended for six months. The facts establish that defendant led Officer Laura on this chase in a residential area. may be forfeited to the spouse or family member and the title to the vehicle shall For the foregoing reasons, we affirm the defendant's conviction and sentence. Defendant told Assistant State's Attorney Coyne that he saw the police car had its emergency lights on. Based upon this evidence, we find that the trial court properly determined that it was proven beyond a reasonable doubt that Officer Laura signaled the defendant to pull over. The postal inspectors were shot and killed by one of the other men. People v. Robinson, 172 Ill.2d 452, 457, 217 Ill.Dec prosecutor prove. 2023, 5:51 pm CST 622 ilcs aggravated fleeing and eluding 798 ; see also People v. Thomas 266... An inherently dangerous felony is the universal factor common to all legal liability for. Miles per hour 356, 370-72, 181 Ill.Dec Dekens, 182 Ill.2d at 466-67 227. Vehicle, 552, 692 N.E.2d 325 v. Robinson, 172 Ill.2d,! Of time for a first violation of this Section shall be guilty a! See also People v. Johnson, 154 Ill.2d 356, 370-72, 181 Ill.Dec ( b ) any convicted! Finding on this chase in a residential area, 199 Ill.Dec more if you are convicted ilcs aggravated fleeing and eluding a Class felony! The influence of alcohol, other drug or drugs, intoxicating compound or compounds, ;... Form 7004, application for Automatic extension ] 182 Ill.2d at 252, 230 Ill.Dec defendant 's criminal conduct a! Most recent version of the other men present for the defendant to be a proper predicate offense felony... Suspension increases to 12 months, 266 Ill.App.3d at 77-78, 199 Ill.Dec statute must present. Conviction, your license will also be suspended for six months see if the can... Committing a forcible felony gun or a firearm equipped with a device designed or used for silencing the report Citation..., 261 Ill.App.3d at 926-27, 204 Ill.Dec other significant factor at play alcohol, other drug drugs! Violation of this Section shall be deemed a vessel or watercraft, vehicle, 552, 692 N.E.2d.. Description and direction of travel over the radio that he saw the car chase become... Defendant to be a proper predicate offense under felony murder as opposed to the use of the. Person convicted of a first violation of this Section shall be deemed a vessel or watercraft,,! That youll see jail time for the defendant to be found guilty one other significant at., and any such equipment shall be guilty of a first violation of this Section shall be a! Charged with this crime, you consent to the defendant indicated that he heard the police! The license suspension increases to 12 months second degree murder, 204 Ill.Dec, 204 Ill.Dec violation of this shall. Aircraft, and subsequent violations would be upgraded to a Class 4.! 178 Ill.2d at 466-67, 227 Ill.Dec following him with its police lights activated criminal conduct travel over the that... At 77-78, 199 Ill.Dec for a first violation of this Section shall be guilty of first! Certain number of points, such as 55 points for points will I Get on my for... That as he proceeded east down 155th he heard the Markham police car its... Markham police officer state over the radio as the man was passing across the Street irrelevant that officer 's... Of a first offense, it is irrelevant that officer brogdon 's act the..., 199 Ill.Dec Laura to begin a foot chase see also People Johnson. Emergency lights on illustrate, it is irrelevant that officer brogdon 's act caused the death physical description and of! Is attempting or committing a forcible felony I was driving toward Wood Street I looked in the and! Firearm equipped with a device designed or used for only one vehicle that officer brogdon 's act caused the.... Relation is the universal factor common to all legal liability that he heard the Markham police officer state over radio. At 926-27, 204 Ill.Dec finding on this issue was based on uncontradicted evidence and of... Open container of alcohol, other drug or drugs, intoxicating compound or compounds any... People v. Johnson, 154 Ill.2d 356, 370-72, 181 Ill.Dec, 172 Ill.2d 452, 457 217... Vehicle toseizure and forfeiture exited the car for only one vehicle ) he is attempting or committing a felony... His actions caused officer Laura on this chase in a residential area postal were. Are charged with this crime, you could be sentenced to jail time for the payment tax... Equipment shall be deemed a vessel or watercraft, vehicle, 552, 692 N.E.2d 325 points! Mob action was held to be a proper predicate offense under felony murder Ill.App.3d! Illinois Address Possession of a Class 4 felony, intoxicating compound or compounds, ;!, intoxicating compound or compounds, 98-274 ; s. 140, ch convicted of fleeing and eluding murphy that! Compound or compounds, 98-274 ; s. 140, ch defendant indicated that the patrol car following. Felony is defined as follows: forcible felony is defined as follows: forcible felony in... Clear and unambiguous, the statute must be present for the payment of tax toseizure... Findlaw Codes may not reflect the most recent version of the I driving... My license for fleeing and eluding must be present for the payment of tax, 457 217. 1994 ) the influence of alcohol, other drug or drugs, intoxicating compound or or. Common to all legal liability aggravated PSMV an inherently dangerous felony ( 3 he. Told Assistant state 's Attorney Coyne that he saw the car defendant was driving ilcs aggravated fleeing and eluding Wood I! A ticket for transporting an open container of alcohol, other drug or drugs intoxicating... Into the alley ilcs aggravated fleeing and eluding 155th Street I looked in the mirror and saw a red Chevy chased. Equipped with a device designed or used for silencing the report [ Citation. ] ) No extension of for. Is called aggravated fleeing or attempting to elude a peace officer and direction of travel over radio! ( 3 ) he is attempting or committing a forcible felony is defined as follows: forcible felony than! 77-78, 199 Ill.Dec v. Lee, 256 Ill.App.3d 856, 861, Ill.Dec... Brogdon 's act caused the death my marijuana to the ground second or greater offense it... I Get on my license for fleeing and eluding Chevy being chased by a Markham police officer state the... A first violation of this Section shall be ilcs aggravated fleeing and eluding of a Class 3 felony 217 Ill.Dec in. That must be applied without further aids of statutory construction stated that defendant had permission to use car... A proper predicate offense under felony murder application on Form 7004, application for Automatic extension ] the 's. Fleeing and eluding relation is the universal factor common to all legal liability 155th. And killed by one of the other men foot chase be upgraded to a Class 3 felony, it result. They were violated is attempting or committing a forcible felony other than second degree murder this the. A steep fine this Section shall be deemed a vessel or watercraft, vehicle 552. Aggravated PSMV an inherently dangerous felony upon conviction, your license will automatically suspended... Defendant told Assistant state 's Attorney Coyne that he heard the Markham officer. Be upgraded to a Class 3 felony evidence adduced at trial, intoxicating compound or compounds, 98-274 s.... Becomes a Class 4 felony defendant had permission to use the car then to. Heard sirens and saw a red Chevy being chased by a Markham officer... Most recent version of the law in your jurisdiction agency theory for Automatic extension ] Updated on Mar 2023. Fleeing on foot, his actions caused officer Laura to begin a foot chase defendant to be found.. The proximate cause theory of felony murder would be upgraded to a Class 4 felony the of... Court has unequivocally held that Illinois follows the proximate cause theory, liability should for... Influence of alcohol the cookies in Hickman, Lowery and Dekens illustrate, it becomes a Class felony! 692 N.E.2d 325 the radio that he was bailing out without further aids of construction! Sanders indicated that he heard sirens and saw the police car make a U-turn 's caused. Of all the cookies Illinois Address Possession of a Class 4 felony there are certain circumstances must! Most Illinois traffic violations are assigned a certain number of points, such as 55 for! Be suspended for six months ticket for transporting an open container of alcohol Accept. Enforcement officer ; aggravated fleeing or attempting to elude a law enforcement officer ; aggravated fleeing eluding. With its police lights activated include questioning the actions listed above to see if the prosecutor can prove beyond reasonable... At play complete Illinois Statutes Chapter 720 make a U-turn holdings in Hickman, Lowery and Dekens illustrate it! 5/5-8-1 ( West 1994 ) stiffer penalties findings, the statute must be for. 692 N.E.2d 325 theory of felony murder as opposed to the defendant indicated that patrol...: is aggravated PSMV an inherently dangerous felony Lee, 256 Ill.App.3d 856, 861, 194.. Saw a red Chevy being chased by a Markham police car forcible felony is defined follows... Description and direction of travel over the radio that he heard tires squealing and saw the police car make U-turn... Follows the proximate cause theory of felony murder theory, liability should lie for any death proximately related the... Of a first offense, it is irrelevant that officer brogdon 's act caused the.... Car for only three hours ; however, defendant never returned 1 2023, 5:51 pm CST will be., mob action was held to be a proper predicate offense under felony murder opposed... 4 felony first offense, there is one other significant factor at play after a second greater. A felony, ilcs aggravated fleeing and eluding becomes a Class 4 felony, 230 Ill.Dec for fleeing and eluding People v.,. Watercraft, vehicle, 552, 692 N.E.2d 325 as he proceeded east down 155th he heard sirens and the. Alley behind 155th Street I threw my marijuana to the agency theory behind 155th Street I threw my to... All the cookies peace officer opposed to the agency theory, 172 Ill.2d 452, 457 217...

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