I turned right into the alley. Contact us. while under the influence of alcohol or other drug or drugs, intoxicating compound to have been under the influence of alcohol, other drug or drugs, or intoxicating Criminal Law crime, criminal law, fleeing police. 11-204.1. , fleeing and eluding a police officer is a serious criminal offense. Starting in 2021 with the SAFE-T Act, the State of Illinois will no longer suspend drivers licenses for non-moving violations. 11-204.1. That is not to say that it would never involve the use of physical force or violence. Murphy identified the driver of that car in court as defendant. Dekens, 182 Ill.2d at 252, 230 Ill.Dec. Upon conviction, your license will automatically be suspended for six months. 481, 472 N.E.2d 441 (1984), citing People v. Moore, 95 Ill.2d 404, 411, 69 Ill.Dec. tax due under section 4951 on Form 1120ND, Return for Nuclear Decommissioning Funds and Certain Related Persons, They are able to formulate a strategic defense to increase the likelihood of you defeating the charge. 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. A driver in DuPage County actually had his conviction for Aggravated Fleeing and Eluding. Defendant next contends that because the officer's death was the result of Officer Brogdon's actions, and not a direct result of his own actions, he cannot be charged under the felony murder statute. This clause has been interpreted broadly to include nonviolent felonies that might require force to perpetrate. Similarly, Officer Brogdon testified that he heard car engines revving and tires squealing in the area. Assistant State's Attorney John Coyne testified that on September 22, 1997, at approximately 2:30 p.m., he spoke with defendant at the Harvey police station. 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. Aggravated fleeing or eluding is a class 4 felony offense in Illinois. Perkins identified defendant in court as the driver of the red pickup truck. Terrorism Omnibus Prevention Act [FN11] may be seized and forfeited under this Article. And all this is on top of whatever other crime you may have committed. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. This cookie is set by GDPR Cookie Consent plugin. While traveling down 154th Street, his car windows were down and he heard engines revving and tires squealing. aggravated fleeing or attempting to elude, Important changes to Illinois retail theft laws. forfeiture, Learn more about FindLaws newsletters, including our terms of use and privacy policy. great bodily harm to that individual, the vehicle shall be subject to seizure and 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 vehicles registration plate or digital registration plate. Vehicles -204.1.Aggravated fleeing or attempting to elude a peace officer on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. 779, 708 N.E.2d 365 (1999). These cookies track visitors across websites and collect information to provide customized ads. be transferred to the spouse or family member who is properly licensed and who requires Under Illinois law, defendant could not be convicted of the predicate felony. if the revocation or suspension was for: (i)Section 11-501 (driving under the influence of alcohol or other drug or drugs, Notwithstanding any other provision of law, the court shall sentence any person convicted of committing aggravated fleeing or eluding with serious bodily injury or death to a mandatory minimum sentence of 3 years imprisonment. 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. It can also be charged as a felony, which can include an even lengthier sentence and a higher fine. As he continued east down 155th, Brogdon stated that he saw a male running northbound across 155th. While on 159th Street the speed of my car was about fifty miles per hour. The circumstances of the accident appear to have been just that, an accident, albeit a very tragic one. 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 What Qualifies as Forgery Under the Illinois Criminal Code? In People v. Pugh, 261 Ill.App.3d 75, 199 Ill.Dec. 491, 687 N.E.2d 973, the court held: [t]he intent of the legislature is an adherence to the proximate cause theory. 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 under this section in accordance with paragraph (b) of this section. This means a dumb decision made in the heat of the moment can make it hard for you to get to work or run errands for half a year. Defendant is, therefore, subject to the felony murder doctrine if the decedent's death is the direct and proximate result of the defendant's felony. Dekens, 182 Ill.2d at 252, 230 Ill.Dec. As they were driving away, they were stopped by two postal inspectors. 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. 1. 984, 695 N.E.2d 474. This cookie is set by GDPR Cookie Consent plugin. Felony murder depends solely on a cause and effect relationship between the crime committed and the resulting murder to impose liability. law of another state relating to reckless homicide in which the person was determined However, after a second or greater offense, it becomes a Class 3 felony. Defendant's motion for a new trial was denied. Some time after seven p.m. The key word in the law is willfully, so in order for a conviction to occur, police need to prove beyond a reasonable doubt that you intentionally disobeyed their attempt to stop your vehicle. How Do I Get My Suspended Drivers License Back? drug or drugs, intoxicating compound or compounds or any combination thereof and was Our supreme court has unequivocally held that Illinois follows the proximate cause theory of felony murder as opposed to the agency theory. driver's license of the person so convicted, as provided in Section 6-205 of this The malice which plays a part in the commission of the felony is transferred by the law to the homicide. 11-204.1. https://codes.findlaw.com/il/chapter-720-criminal-offenses/il-st-sect-720-5-36-1.html, Read this complete Illinois Statutes Chapter 720. I got a DUI in Illinois. As you can see, moving violations under the vehicle code are not reported except for 11-204.1 (aggravated fleeing and eluding) and 11-501 (DUI). 1 if the vessel or watercraft, vehicle, or aircraft contains more than 10 cartons of The car Lil Moe gave me was stolen. ), Section 11-204 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. (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 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. Web28.8(c) Aggravated Fleeing or Eluding (Leaving a Crash Involving Damage to a Vehicle or Property then Causing Serious Bodily Injury or Death) 316.1935(4)(b) and 316.061, Fla. Stat. 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. this section will not extend the time for payment of any tax due on such return. The felony murder doctrine was recently discussed in great detail in J. Hilliard, Felony Murder in Illinois, The (Agency Theory) v. The Proximate Cause Theory: The Debate Continues, 25 S.Ill.U.L.J. Additionally, these charges occur when a person moves his or her car to avoid being seen. aggravated fleeing or attempting to elude, The court noted that [h]ere, the intended victim shot and killed the defendant's cofelon. NOTE: The page below features additional content to discuss the effect of the SAFE-T Act (Public Act 101-0652). (Source: P.A. Mr. Sanders additionally saw the chase, testifying that he saw flashing lights on the police car. Defendant initiated a chain of events when, while driving a stolen vehicle, he failed to stop for a signaling police officer. The process is called forfeiture. Reach Out Today. Is a Cell Phone Ticket Considered a Moving Violation in February 5, 2023 By Attorney Tristan Hinriksson. [Citations. This website uses cookies to improve your experience while you navigate through the website. 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. 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. Therefore, the trial court properly determined that, under the facts of this case, aggravated PSMV constituted a forcible felony under section 2-8. cause for the title to be transferred to the spouse or family member. If you have been charged with fleeing and eluding in Illinois or another traffic offense, we can help. The cookie is used to store the user consent for the cookies in the category "Performance". 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. These cookies will be stored in your browser only with your consent. But opting out of some of these cookies may affect your browsing experience. However, if you make this decision, you could be facing serious criminal charges. Defendant asserts that the trial court applied a standard of strict liability, as opposed to foreseeability, in finding the defendant guilty. 616, 568 N.E.2d 837 (1991). While its unlikely that youll see jail time for a first offense, there is one other significant factor at play. People v. Bole, 155 Ill.2d 188, 195, 184 Ill.Dec. 94-276; s. 896, ch. 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.) Cite this article: FindLaw.com - Illinois Statutes Chapter 720. 809, 510 N.E.2d 877 (1987). 437, 641 N.E.2d 867. (e) Penalties. Can they prove that you caused the damage, or is it just assumed that the property was undamaged before the event in question? However, both fleeing and eluding and aggravated fleeing and eluding will result in an immediate suspension or revocation of your drivers license. When the charge is a felony, it is called aggravated fleeing or attempting to elude a peace officer. Dennis, 181 Ill.2d at 105, 229 Ill.Dec. ). There, the defendant was also charged with felony murder based on the commission of aggravated possession of a stolen motor vehicle. Citing [People v.] Payne, [359 Ill. 246, 194 N.E. The facts in this case establish that defendant led Officer Laura on a high-speed chase. I did not want to get caught in a stolen car. When reviewing a challenge to the sufficiency of the evidence, the reviewing court considers whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of a crime beyond a reasonable doubt. (1) Submit a complete application on Form 7004, Application for Automatic Extension I started to drive north on Marshfield to 163rd Street. Those who commit forcible felonies know they may encounter resistance, both to their affirmative actions and to any subsequent escape. Hickman, 59 Ill.2d at 94, 319 N.E.2d 511. 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. In order for a defendant to be convicted of felony murder, the decedent's death must have been the direct and proximate result of the defendant's felony. 491, 687 N.E.2d 973 (1997). I stayed there for about ten minutes. Any motor vehicle involved in a violation of this section is deemed to be contraband, which may be seized by a law enforcement agency and is subject to forfeiture pursuant to ss. By clicking Accept All, you consent to the use of ALL the cookies. 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 737, 730 N.E.2d 1202 (2000). 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. For example, if the cop is traveling in the opposite direction or sitting on the highway median and suspects youre speeding, they may try to turn around or pull out into traffic to catch up. (a) Any driver or operator of a motor vehicle who, having been given a visual or audible signal by a peace officer directing 98-274; s. 140, ch. In People v. Lee, 256 Ill.App.3d 856, 861, 194 Ill.Dec. The penalty can be up to 364 days in jail and the court can order the defendant to pay a fine of $2,500. 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. When defendant exited the car and began fleeing on foot, his actions caused Officer Laura to begin a foot chase. Causal relation is the universal factor common to all legal liability. In People v. Greer, 326 Ill.App.3d 890, 261 Ill.Dec. 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. aircraft, and any such equipment shall be deemed a vessel or watercraft, vehicle, Were down and he heard engines revving and tires squealing in the category `` Performance.! See jail time for payment of any tax due on such return see jail time for a new trial denied! 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