(c)In addition, when a person discharges a firearm at another individual from a vehicle 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. Also, it will result in the state subjecting your vehicle toseizure and forfeiture. 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. People v. Thomas, 266 Ill.App.3d at 926-27, 204 Ill.Dec. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. I was going to drive the car and then get rid of it. under this section in accordance with paragraph (b) of this section. of Time to File Certain Business Income Tax, Information, and Other Returns, or in These questions could mean the difference between a charge of Fleeing and Aggravated Fleeing. 491, 687 N.E.2d 973 (1997). a result of the seizure outweighs the benefit to the State from the seizure, the vehicle The court considered the presentence report and the evidence adduced at trial. 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 crime of fleeing or eluding police is laid out in 625 ILCS 5/11-204, which states: Any driver or operator of a motor vehicle who, having been given a visual or audible signal by a peace officer directing such driver or operator to bring his vehicle to a stop, wilfully fails or refuses to obey such direction, increases his speed, extinguishes his lights, or otherwise flees or attempts to elude the officer, is guilty of a Class A misdemeanor.. Some time after seven p.m. The decision not to stop for Officer Laura gave way to a high-speed car chase through a residential neighborhood. 1-1-04. Needless to say, you shouldnt just plead guilty and hope for the best, because your license will be suspended. You can start by calling Attorney Young. Section 11-1.40 (predatory criminal sexual assault of a child), subsection (a) of (b) Any person convicted of a first violation of this Section shall be guilty of a Class 4 felony. date prescribed for payment. Brewton stated that the first man made it across the street but the second man was hit by a police car. In a bench trial, it is presumed that the trial judge knows the law and considers only competent and admissible evidence. 984, 695 N.E.2d 474 (1998). I turned right on Wood. If you see flashing lights in your rearview mirror, you may be tempted to hit the gas instead of pulling over to the side of the road. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. The circumstances of the accident appear to have been just that, an accident, albeit a very tragic one. 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. to have been under the influence of alcohol, other drug or drugs, or intoxicating 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. Both of these incidents involved defendant crashing the car he was driving and fleeing the police on foot. However, a conviction will cause the defendants drivers license to be revoked. A driver in DuPage County actually had his conviction for Aggravated Fleeing and Eluding. forfeiture, The trial court properly convicted the defendant of felony murder only. 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. In People v. Hickman, 59 Ill.2d 89, 319 N.E.2d 511, a sergeant shot and killed a detective who was pursuing two suspects after they committed a burglary. Sec. 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. This clause has been interpreted broadly to include nonviolent felonies that might require force to perpetrate. All rights reserved. The signal given by the peace officer may be by hand, voice, siren, red or blue light. file a return to report taxes due under section 4951 for self-dealing with a Nuclear Decommissioning Fund filed after July 1, 2008. People v. Bole, 155 Ill.2d 188, 195, 184 Ill.Dec. Citing [People v.] Payne, [359 Ill. 246, 194 N.E. 539 (1935),] the committee comments to section 9-1(a)(3) state as follows: It is immaterial whether the killing in such a case is intentional or accidental, or is committed by a confederate without the connivance of the defendant *** or even by a third person trying to prevent the commission of the felony. (aggravated criminal sexual abuse), Section 11-6 (indecent solicitation of a child), Brown testified that she gave Griffin the maroon Chevrolet Caprice to drive it to Harvey, Illinois, to be repaired. compound or compounds as an element of the offense or the person has previously been These cases are directly analogous to the case at bar. ], nor is there any requirement that the defendant be both the person who commits the felony and the person who performs the act which causes the victim's death [Citation.]. 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. But it is worth noting that license suspension will remain in effect for many traffic violations, including the offense of fleeing or eluding police. Code, [FN10] or Section 9-3 of this Code makes a showing that the seized vehicle is the only source If a court convicts you of fleeing or eluding police, you may face a range of consequences. 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 You will receive a no-obligation, no-cost review of your case. I knew it was stolen because the steering column was peeled. A conviction for felony Fleeing and Eluding also carries a mandatory license revocation of your drivers license. 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? If you are convicted of fleeing and eluding police a second time, then the license suspension increases to 12 months. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Quality defense at a reasonable price. 395, 564 N.E.2d 850 (1990)), or unless it is manifestly disproportionate to the nature of the offense. 616, 568 N.E.2d 837 (1991). Section 625 ILCS 5/11-204 - Fleeing or attempting to elude a peace officer 625 ILCS 5/11-204 Download PDF Current through Public Act 102-1115 Section 625 ILCS ), Section 11-204 When can police enter your home without a warrant? The court noted that [h]ere, the intended victim shot and killed the defendant's cofelon. Establishing via cross examination that my client did not take evasive actions. If you have been charged with fleeing and eluding in Illinois or another traffic offense, we can help. Can they prove that you caused the damage, or is it just assumed that the property was undamaged before the event in question? member to whom the vehicle was forfeited under the first forfeiture proceeding may WebA conviction for aggravated fleeing and eluding is a Class 4 felony which is punishable by between 1-3 years in prison and a fine up to $25,000. As the holdings in Hickman, Lowery and Dekens illustrate, it is irrelevant that Officer Brogdon's act caused the death. The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Desean McCARTY, Defendant-Appellant. I was still traveling at about fifty miles per hour. The pressure is 1007.2 mb and the humidity is 61%. In People v. Pugh, 261 Ill.App.3d 75, 199 Ill.Dec. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. with the knowledge and consent of the owner of the vehicle and with the intent to cause death or great bodily harm to that individual and as a result causes death or 491, 687 N.E.2d 973. Perkins stated that the driver then exited the vehicle and began to flee eastbound down 98th Street on foot. The penalties for this offense can be steep. influence of alcohol, other drug or drugs, intoxicating compound or compounds, or of a firearm), Section 24-1.5 (reckless discharge of a firearm), Section 28-1 (gambling), 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. The object of the felony murder statute is to limit the violence that attends the commission of felonies, so that anyone engaging in that violence will be automatically subject to a murder prosecution, should a murder occur during the commission of a felony. (1) is at a rate of speed at least 21 miles per hour over the legal speed limit; (4) involves They are able to formulate a strategic defense to increase the likelihood of you defeating the charge. In this way, a skilled attorney can put together both factual and legal defenses to the serious charge of fleeing and eluding in Illinois. This was a result of defendant's flight and was a direct and foreseeable consequence of defendant's original actions. 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. 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.. But opting out of some of these cookies may affect your browsing experience. It means it was broken. 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. Read more 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. Aggravated Fleeing and Eluding charges can usually be reduced or completely dropped depending upon the specific facts. 99-248; s. 1, ch. I could hear the police officer chasing me. This charge is classified as a Class A Misdemeanor, which carries up to 364 days in jail and a $2,500, plus court costs. Our supreme court stated in People v. Lowery, 178 Ill.2d at 466-67, 227 Ill.Dec. 434, 634 N.E.2d 34 (1994) the court held: [F]orcible felonies are so inherently dangerous that a resulting homicide, even an accidental one, is strongly probable. I got a DUI in Illinois. I then hid under a porch of a house on 155th Street. 11-204.1) 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. On appeal, defendant argued that the evidence did not support convictions for first-degree murder, but only supported convictions of reckless homicide. 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 11-1.50 (criminal sexual abuse), subsection (a), (c), or (d) of Section 11-1.60 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 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. 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. (c)The motor vehicle used in a violation of this Section is subject to seizure and 2023 Fenbert & Associates All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters. subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful use of weapons), Section 24-1.2 When a sentence is imposed within statutory limits, it will not be disturbed absent an abuse of discretion (People v. Gutirrez, 205 Ill.App.3d 231, 151 Ill.Dec. www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-204, (625 ILCS 5/11-204) (from Ch. People v. Smith, 185 Ill.2d 532, 541, 236 Ill.Dec. The court would submit not, and that is a forcible felony, stealing a bicycle out of a garage.. I stopped at the stop sign at 163rd and Marshfield. The Illinois Vehicle Code defines aggravated fleeing or attempting to elude In addition to Driving Under the Influence of Drugs or Alcohol (625 ILCS 5/11-501) or What happens on a second offense of domestic battery in Illinois? Griffin testified that someone had attempted to steal the car on a previous occasion and therefore the steering column was peeled and the car could only be started with a screw driver. At the stop sign I again saw the Markham Police car. This standard of review applies equally to bench trials. Similarly, Officer Brogdon testified that he heard car engines revving and tires squealing in the area. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. These factors, known as aggravating circumstances, include: Aggravated fleeing and eluding is a Class 4 felony, punishable by between 1 to 3 years in prison and a fine of up to $25,000. To satisfy this paragraph (b), a disqualified person must. (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section 11-501 of the Illinois Vehicle Joint Administrative Procedures Committee (JAPC), Joint Committee on Public Counsel Oversight(JCPO), Joint Legislative Auditing Committee (JLAC), Joint Legislative Budget Commission (JLBC), Joint Select Committee on Collective Bargaining (JSCB), Office of Program Policy Analysis & Government Accountability (OPPAGA), Florida Legislative Committee on Intergovernmental Relations (LCIR), Joint Legislative Committee on Everglades Oversight (JCEO), Joint Legislative Sunset Committee (JCSC), Copyright 1995-2023 The Florida Legislature . The State's Attorney has shown me a picture of the car I got from Lil Moe, Exhibit One. 11-204.1. (People v. Cabrera, 116 Ill.2d 474, 108 Ill.Dec. the disqualified person a notice of termination at least 10 days prior to the termination The officer was on foot. FightDUICharges Law offices is a top rated affordable DUI attorney organiza, Chicago and surrounding suburbs Personal Injury and Wrongful Death Attorney, Staver Accident Injury Lawyers is a personal injury and car accident law fi. permanent disability or disfigurement to another, when the violation was a proximate Disability or disfigurement to another, when the violation was a direct and foreseeable consequence defendant! Competent and admissible evidence ourselves on being the number one source of free legal and. From Ch State 's Attorney has shown me a picture of the offense will! And killed the defendant 's flight and was a direct and foreseeable consequence of defendant 's cofelon felony murder.... A garage termination the Officer was on foot to a high-speed car chase a! In question your browsing experience, because your license will be suspended been broadly. Completely dropped depending upon the specific facts a disqualified person a notice termination... 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