When defendant exited the car and began fleeing on foot, his actions caused Officer Laura to begin a foot chase. 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. A conviction also carries a mandatory six-month license suspension. The pertinent facts of the case involve the events that occurred the evening of September 20, 1997. 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. A conviction for this offense will cause the Secretary of State to suspend the defendants drivers license for a period of six months. Our supreme court stated in People v. Lowery, 178 Ill.2d at 466-67, 227 Ill.Dec. 85-309; s. 52, ch. If you face an Aggravated Fleeing and Eluding charge in the state of Illinois, contactRichard at Fenbert & Associates, LLCfor a free consultation. Fleeing or attempting to elude a peace officer. 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. People v. Hart, 313 Ill.App.3d 939, 941, 246 Ill.Dec. . This cookie is set by GDPR Cookie Consent plugin. Call or text us at 312-940-8330, or fill out our online contact form to speak to a traffic lawyer in Chicago. (f) Effective/applicability dates. Fleeing or attempting to elude a peace officer is defined under section 11-204 of the Illinois Vehicle Code. Officer Brogdon's vehicle, driving toward the scene, ultimately hit Officer Laura. Aggravated fleeing or attempting to elude a peace officer. (1) is at a rate of speed at least 21 miles per hour over the legal speed limit; (4) involves 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. Multiple convictions are improper if they are based on lesser included offenses. Upon notice of such a, Illinois Compiled Statutes 5 ILCS 70/1.36, Illinois Compiled Statutes 5 ILCS 70/1.14, Indiana Petition for Waiver of Reinstatement Fee, U.S. Code > Title 49 > Subtitle VI - Motor Vehicle and Driver Programs, California Codes > Business and Professions Code > Division 8 > Chapter 1 - Automobiles, Florida Regulations > Chapter 14A-1 - Commercial Motor Vehicle Review Board, Florida Regulations > Department of Highway Safety and Motor Vehicles, Florida Statutes > Title XXIII - Motor Vehicles, Illinois Compiled Statutes 625 ILCS 5/5-101 - New vehicle dealers must be licensed, Illinois Compiled Statutes 625 ILCS 5/5-101.1 - Motor vehicle financing affiliates; licensing, Illinois Compiled Statutes 625 ILCS 5/5-102 - Used vehicle dealers must be licensed, Illinois Compiled Statutes 625 ILCS 5/5-102.1 - Permits for off site sales and exhibitions, Illinois Compiled Statutes > Chapter 625 - Vehicles, Missouri Laws > Chapter 301 - Registration and Licensing of Motor Vehicles, Texas Occupations Code > Title 14 > Subtitle A - Regulations Related to Motor Vehicles, Texas Transportation Code > Title 7 - Vehicles and Traffic. I was parked on Marshfield just north of 165th Street. The facts establish that defendant led Officer Laura on this chase in a residential area. These cases are directly analogous to the case at bar. (b) Any person convicted of a first violation of this Section shall be guilty of a Class 4 felony. Perkins stated that the truck sped up proceeding south down Halsted. 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. Can the prosecutor prove that the defendant actually concealed or altered the vehicles registration plate? However, you may visit "Cookie Settings" to provide a controlled consent. As the State correctly points out, felonies inherently less violent than aggravated PSMV have been held as predicate offenses for felony murder when they were carried out with violence. 99-248; s. 1, ch. under Section 11-501 of the Illinois Vehicle Code 5 or a similar provision for the third or subsequent time; (D)he or she did not possess a valid driver's license or permit or a valid restricted Golson, 32 Ill.2d at 407-08, 207 N.E.2d 68. (c) A third or subsequent violation of this Section is a Class 4 felony. 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. (625 ILCS 5/11-204.1) (from Ch. This cookie is set by GDPR Cookie Consent plugin. In addition, the record demonstrates that the trial court appropriately considered both the factors in aggravation and the factors in mitigation in its determination of defendant's sentence. A third conviction may be classified as a. , which carries a sentence of 1-3 years in prison and a potential $25,000 fine. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. date prescribed for filing the return if the disqualified person files an application I ran into the back yards. s. 1, ch. Such requirement shall not preclude the use of amber or white oscillating, rotating or flashing lights in conjunction with red or blue oscillating, rotating or flashing lights as required in Section 12-215 of Chapter 12. Is a Cell Phone Ticket Considered a Moving Violation in February 5, 2023 By Attorney Tristan Hinriksson. Defendant initiated a chain of events when, while driving a stolen vehicle, he failed to stop for a signaling police officer. Any person convicted of a second or subsequent violation of this Section shall be of transportation and it is determined that the financial hardship to the family as I used a screwdriver to start the car. Code; 7 or. ), Section 11-204 WebThe crimes of Fleeing and Eluding and Aggravated Fleeing and Eluding are defined by Illinois law in 625 ILCS 5/11-204 and 625 ILCS 5/11-204.1 as discussed below. 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. All rights reserved. Specifically, defendant maintains that the State failed to prove that Officer Laura gave any of the particular signals specified in the statute. 698, 503 N.E.2d 255 (1986), citing People v. Golson, 32 Ill.2d 398, 207 N.E.2d 68 (1965). What does it mean to resist arrest or obstruct a peace officer? 124, 762 N.E.2d 693 (2002), the appellate court affirmed defendant's conviction for felony murder predicated on the charge of armed violence based on unlawful possession of a controlled substance. Winds are Southwest at 6.9 MPH (6 KT). This issue is waived by defendant's failure to object at sentencing or raise the issue in a posttrial motion. (3)he is attempting or committing a forcible felony other than second degree murder. (Emphasis added.) 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. 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. Illinois uses a point system for drivers licenses, where a person will receive points for committing certain traffic infractions. Sec. Contact us. Most Illinois traffic violations are assigned a certain number of points, such as 55 points for. I was still traveling at about fifty miles per hour. 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. out in this paragraph may be used for only one vehicle. subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful use of weapons), Section 24-1.2 A skilled Illinois traffic violation attorney can represent you throughout the process, and fight for your rights. the disqualified person a notice of termination at least 10 days prior to the termination Quoting 625 ILCS Sec. Charged with Fleeing & Eluding? 737, 730 N.E.2d 1202 (2000). I stayed there for about ten minutes. In addition to Driving Under the Influence of Drugs or Alcohol (625 ILCS 5/11-501) or Reckless Driving (625 ILCS 5/11-503), there are other traffic offenses in Illinois that are serious, such as Aggravated Fleeing or Attempting to Elude a peace officer (625 ILCS 5/11-204.1). subdivision (f)(2) or (f)(3) of Section 16-25 (retail theft), Section 18-2 (armed prescribed in subsection (a) of Section 11-204 of this Code, and such flight or attempt 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 person will receive these charges if they failed to stop when signaled to do so. People v. Payne, 359 Ill. 246, 194 N.E. Act 9 shall be subject to seizure and forfeiture under the same procedures provided in 640, 447 N.E.2d 1327 (1983). It is not the function of this court on appeal to retry a defendant when considering a challenge to the sufficiency of the evidence; rather, determination of the credibility of witnesses, the weight to be given their testimony and the reasonable inferences to be drawn from the evidence are for the trier of fact. Upon notice of such a conviction the Secretary of State shall forthwith revoke the Under section 2-8, a forcible felony is defined as follows: Forcible felony. All Rights Reserved | Terms of Service | Site Map | Privacy Policy, We provide amazing service and get great results for drivers. I was going to drive the car and then get rid of it. 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. drug or drugs, intoxicating compound or compounds or any combination thereof and was 984, 695 N.E.2d 474. 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