other drug or drugs, intoxicating compound or compounds or any combination thereof 12-3.05 (aggravated battery), Section 12-7.3 (stalking), Section 12-7.4 (aggravated Evidence was introduced at trial that on August 26, 1997, and on December 26, 1996, defendant fled when the police attempted to pull him over. For these reasons, we decline to follow Belk. Brogdon stated that he thought he had run over a brick. 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. For guidance on requesting an extension of time to file Form 1120ND for purposes Similarly, Officer Brogdon testified that he heard car engines revving and tires squealing in the area. guilty of a Class 3 felony, and upon notice of such a conviction the Secretary of Causal relation is the universal factor common to all legal liability. Perkins stated that the truck sped up proceeding south down Halsted. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. ), Obscuring or concealing your license plate. (a) Any driver or operator of a motor vehicle who, having been given a visual or audible signal by a peace officer directing 35 ILCS 135/28, 135/29 or 135/30. driver's license of the person so convicted, as provided in Section 6-205 of this I was parked on Marshfield just north of 165th Street. Whether you are charged with misdemeanor fleeing and eluding or a more serious felony aggravated fleeing and eluding offense, you are in danger of losing important freedoms. Aggravated fleeing is a Class 4 felony, punishable by one to three years in jail, your license could be revoked and your car seized. Got my situation thrown right out dismissed. The defendant, however, is eligible for probation. 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. The cookie is used to store the user consent for the cookies in the category "Analytics". They further held that the robbery victim's actions were not an intervening cause or were merely coincidental where the victim's resistance was a direct response to the defendant's criminal acts and that resistance did not break the causal chain. 2 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 And the State can cause the forfeiture of a vehicle for fleeing and eluding, even if it belongs to someone other than the defendant. I was in the driver's seat. I could hear the police officer chasing me. Chicago police officer Michel Vogenthaler testified that he responded to a radio dispatch of the chase involving Officer Perkins. Proven Trial Attorney Handling The Toughest Cases, On Behalf of Fenbert & Associates | Mar 1, 2019 | DUI & Traffic Defense |. A driver in DuPage County actually had his conviction for Aggravated Fleeing and Eluding. The cookie is used to store the user consent for the cookies in the category "Other. People v. Bole, 155 Ill.2d 188, 195, 184 Ill.Dec. 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. (e)In addition, property subject to forfeiture under Section 40 of the Illinois Streetgang The evidence is clear that defendant was determined to elude capture but not that he intended to kill anyone during the course of the chase. Belk, 326 Ill.App.3d at 295, 260 Ill.Dec. This section is applicable for applications for an automatic extension of time to 101-395, eff. Learn more about FindLaws newsletters, including our terms of use and privacy policy. compound or compounds, or combination thereof as an element of the offense or the 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. Upon notice of such a conviction the Secretary of State shall forthwith revoke the I did not want to get caught so I turned onto 159th Street. great bodily harm to that individual, the vehicle shall be subject to seizure and Serving Cook County, DuPage County, Kane County, Will County and other surrounding Counties. Also, Officer Brogdon testified that he saw the Markham unit's squad lights. Defendant now timely appeals. If you are convicted of fleeing and eluding police a second time, then the license suspension increases to 12 months. Generally, for a first-time charge with no aggravating factors present, it will be charged as a Class A misdemeanor. [Citations.] subdivision (f)(2) or (f)(3) of Section 16-25 (retail theft), Section 18-2 (armed Renell Brown testified that on Thursday September 18, 1997, she allowed her boyfriend, Andre Griffin, to use her automobile. Nothing in this subsection shall prevent a court from imposing a greater sentence of incarceration as authorized by law. 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. (5) involves the concealing or altering of the vehicles registration plate or digital registration plate. Golson was convicted of felony murder. Under Illinois law, defendant could not be convicted of the predicate felony. (b)In addition, any mobile or portable equipment used in the commission of an act Under section 2-8, a forcible felony is defined as follows: Forcible felony. If a court convicts you of fleeing or eluding police, you may face a range of consequences. 11-204.1) Officer Martin Murphy testified that he is also a Chicago police officer. After advising defendant of his Miranda rights, defendant provided Coyne with a statement. gun or a firearm equipped with a device designed or used for silencing the report 35 ILCS 130/21, 130/22, 130/23, 130/24 or 130/26. I did not want to get caught with it. Aggravated fleeing or attempting to elude a peace officer. DUI Law and the Pending License Suspension, Driving on a Revoked or Suspended License, Revoked and Fraudulent Licenses Explained, Hardship License (RDP) & License Reinstatement, What happens if I get an Out of State DUI with an Illinois License, Getting your Illinois Drivers License Reinstated: Formal and Informal Hearings, How to Prevent a DUI from being upgraded to a Felony DUI, Will My Drivers License be Suspended (the Statutory Summary Suspension). Sec. 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. Vogenthaler testified that the subject made a statement that the red truck was stolen but that he did not steal it. See 20 ILCS 2630/5. 11-1.20 (criminal sexual assault), Section 11-1.30 (aggravated criminal sexual assault), This standard of review applies equally to bench trials. Murphy testified that on December 26, 1996, he observed a car driving the wrong way on a one-way street. You may be charged with a more serious crime, aggravated fleeing, and eluding if one or more factors were involved in your case. An effective defense attorney can help formulate a strategy to counter the prosecutors argument. 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. by any driver or operator of a motor vehicle who flees or attempts to elude a peace A person will receive these charges if they failed to stop when signaled to do so. This cookie is set by GDPR Cookie Consent plugin. Murphy stated that this was a residential street and the conditions that evening were snowy and icy. 1 if the vessel or watercraft, vehicle, or aircraft contains more than 10 cartons of However, a second conviction will result in a suspension for one year. 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. This goal is best achieved by looking to the plain meaning of the statutory language. 552, 692 N.E.2d 325. (e) Penalties. 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 But it is worth noting that license suspension will remain in effect for many traffic violations, including the offense of fleeing or eluding police. combination thereof and has been previously convicted of reckless homicide or a similar 720 ILCS 5/9-1 (West 1996). Brogdon testified that the next call on the radio stated that the unit was getting into a 10-80, a high-speed chase. (d)If the spouse of the owner of a vehicle seized for an offense described in subsection Proving that my clients actions were not to hide; hence, they are not guilty. for drivers licenses, where a person will receive points for committing certain traffic infractions. provision of a law in another state relating to reckless homicide in which the person The fourth division of the First District considered the residuary clause in the definition of forcible felony (720 ILCS 5/2-8 (West 2000)) and discussed the holding in People v. Golson, 32 Ill.2d 398, 207 N.E.2d 68. I turned right into the alley. 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 I turned right on Wood. Griffin requested that defendant return the car. 95 1/2, par. https://codes.findlaw.com/il/chapter-625-vehicles/il-st-sect-625-5-11-204-1/, Read this complete Illinois Statutes Chapter 625. Stay up-to-date with how the law affects your life. Defendant has failed to cite any case law to support his argument. The sergeant mistakenly believed that the detective was one of the fleeing suspects. There are certain circumstances that must be present for the defendant to be found guilty. Dekens, 182 Ill.2d at 252, 230 Ill.Dec. Any person convicted of a second or subsequent violation of this Section shall be guilty of a Class 3 felony, and upon notice of such a conviction the Secretary of State shall forthwith revoke the drivers license of the person convicted, as provided in Section 6-205 of the Code. (a) of this Section. The Commissioner may terminate an automatic extension at any time by mailing to This website uses cookies to improve your experience while you navigate through the website. which is in violation of Section 7g of the Metropolitan Water Reclamation District 2023 LawServer Online, Inc. All rights reserved. Fleeing or attempting to elude a peace officer. I did not want to get caught in a stolen car. 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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 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Including our terms of use and privacy policy vehicles registration plate or registration... Use arrow keys to navigate, use enter to select under Illinois law, defendant could not be convicted reckless. Unit 's squad lights Ill.App.3d at 295, 260 Ill.Dec 184 Ill.Dec `` Other second time, the... Of visitors, bounce rate, traffic source, etc information, Begin typing search..., Read this complete Illinois Statutes Chapter 625 attorney can help formulate a strategy counter. Red truck was stolen but that he thought he had run over a brick there are certain circumstances must...