Multiple convictions are improper if they are based on lesser included offenses. As I was driving toward Wood Street I looked in the mirror and saw the police car make a U-turn. The 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. 11-204.1. Prior to your court date, you need to hire an attorney to represent you. 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. At the close of all the evidence, the trial court found the defendant guilty of felony murder and sentenced him to 40 years' imprisonment. As such, it is punishable by up to 3 years in prison and a fine of up to $25,000. compound or compounds as an element of the offense or the person has previously been And if any of the following factors are present, even if its your first offense, you can face a felony charge of fleeing or eluding police: If you do any of the above, youll face an aggravated charge, which is a Class 4 felony punishable by up to three years in jail and fines up to $25,000. , fleeing and eluding a police officer is a serious criminal offense. [Citation. A conviction for Aggravated Fleeing and Eluding results in a revoked drivers license. People v. Williams, 246 Ill.App.3d 1025, 1033, 186 Ill.Dec. In a forfeiture hearing, the State can prevail even if the defendant was found not guilty of the criminal offense. 984, 695 N.E.2d 474. In affirming defendant's conviction on the charge of felony murder, the court stated that application of the felony-murder doctrine does not depend on the guilt or innocence of the person killed during the felony or on the identity of the person whose act causes the decedent's death. Dekens, 182 Ill.2d at 252, 230 Ill.Dec. A defense motion for a directed finding was denied. If this is a second or higher offense, the penalties increase. But it is worth noting that license suspension will remain in effect for many traffic violations, including the offense of fleeing or eluding police. 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. 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. 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). ] People v. Lowery, 178 Ill.2d 462, 466, 227 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 See more info at. See 20 ILCS 2630/5. See 625 ILCS 5/11-204: 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, willfully fails or refuses to obey such direction, increases his speed, extinguishes his lights, or otherwise flees or attempts to elude the officer. Copyright 2023, Thomson Reuters. 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 I would most (), 2023 DDT Law Group, LLC. (5) involves the concealing or altering of the vehicle's registration plate. 481, 472 N.E.2d 441 (1984), citing People v. Moore, 95 Ill.2d 404, 411, 69 Ill.Dec. Analytical cookies are used to understand how visitors interact with the website. Upon notice of such a conviction the Secretary of State shall forthwith revoke the drivers license of the person so convicted, as provided in Section 6-205 of this Code. if the revocation or suspension was for: (i)Section 11-501 (driving under the influence of alcohol or other drug or drugs, Aggravated fleeing or attempting to elude a peace officer. 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 76-31; s. 4, ch. 730 ILCS 5/5-8-1 (West 1994). We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Brewton stated that the first man made it across the street but the second man was hit by a police car. (b) Any person convicted of a first violation of this Section shall be guilty of a Class 4 felony. Aggravated Fleeing and Eluding is defined as any driver or operator of a motor vehicle who flees or attempt to elude a peace officer, after being given a visual or audible signal by a peace officer and such flight or attempt to elude: Aggravated Fleeing and Eluding is a Class 4 felonyfor the first violation. 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. (625 ILCS 5/11-204.1) (from Ch. Finally, defendant argues that the trial court's sentence of 40 years' imprisonment was excessive and constituted an abuse of discretion. Section 11-1.40 (predatory criminal sexual assault of a child), subsection (a) of Griffin requested that defendant return the car. provision of a law in another state relating to reckless homicide in which the person At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 491, 687 N.E.2d 973. Brewton saw two men running across the street. A high-speed police chase ensued. 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. 331 (2001). If you have been charged with fleeing and eluding in Illinois or another traffic offense, we can help. He then called for assistance from an ambulance, a tow truck and his sergeant. 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.. 39, 760 N.E.2d 118. A jury convicted the defendant of murder based upon Section 9-1(a)(2) defendant knew his acts created a strong probability of death or great bodily harm to that individual or another. 720 ILCS 5/9-1(a)(2). Dekens, 182 Ill.2d at 252, 230 Ill.Dec. with the knowledge and consent of the owner of the vehicle and with the intent to 35 ILCS 135/28, 135/29 or 135/30. If you are charged with this crime, you could be sentenced to jail time and required to pay a steep fine. 342, quoting Torcia, Wharton's Criminal Law 147 at 296-97 (15th ed.1994). of transportation and it is determined that the financial hardship to the family as It is equally consistent with reason and sound public policy to hold that when a felon's attempt to commit a forcible felony sets in motion a chain of events which were or should have been within his contemplation when the motion was initiated, he should be held responsible for any death which by direct and almost inevitable sequence results from the initial criminal act. Chicago police officer Michel Vogenthaler testified that he responded to a radio dispatch of the chase involving Officer Perkins. After oral arguments were held in this case, we granted defendant's motion to cite additional authority, citing People v. Belk, 326 Ill.App.3d 290, 260 Ill.Dec. While on 159th Street the speed of my car was about fifty miles per hour. compound or compounds, or combination thereof; (B) operating a watercraft under the https://codes.findlaw.com/il/chapter-720-criminal-offenses/il-st-sect-720-5-36-1.html, Read this complete Illinois Statutes Chapter 720. 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. 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. The testimony of Sanders indicated that he heard tires squealing and saw the car defendant was driving traveling at a high rate of speed. Dennis, 181 Ill.2d at 105, 229 Ill.Dec. 736, 678 N.E.2d 348 (1997), mob action was held to be a proper predicate offense under felony murder. 71-135; s. 1, ch. A skilled Illinois traffic violation attorney can represent you throughout the process, and fight for your rights. [Citation.]' This issue is waived by defendant's failure to object at sentencing or raise the issue in a posttrial motion. 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. great bodily harm to that individual, the vehicle shall be subject to seizure and 95 1/2, par. In addition, a conviction for aggravated fleeing and eluding will result in a mandatory drivers license suspension. In this way, a skilled attorney can put together both factual and legal defenses to the serious charge of fleeing and eluding in Illinois. People v. Bailey, 311 Ill.App.3d 265, 268-69, 244 Ill.Dec. Necessary cookies are absolutely essential for the website to function properly. For more information, or for help with any traffic issues, give us a call today at (630) 717-7801 to set up a free strategy session. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. cause for the title to be transferred to the spouse or family member. People v. Jeffrey, 94 Ill.App.3d 455, 460, 49 Ill.Dec. Winds are Southwest at 6.9 MPH (6 KT). 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 If you're on the fence about whether you even need a lawyer for a traffic ticket, you do. We do not believe that the defendant should be relieved from liability for the homicide simply because of the decedent's role in the offense. Dekens, 182 Ill.2d at 252, 230 Ill.Dec. 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. This result was especially foreseeable to defendant because he had engaged in two other high-speed police chases which resulted in crashes shortly prior to this one. The pertinent portions of defendant's statement read as follows: On Saturday, September 20th, 1997, I got a Chevy Caprice from Lil Moe. Griffin stated that after the repairs were finished, he drove the car to a housing project on 154th Street in Harvey. 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 939, 628 N.E.2d 436 (1993), this court held that [i]t is not necessary to directly prove that defendant had the intent to murder; all that needs to be shown is that defendant voluntarily and willfully committed an act, the natural tendency of which was to cause death or great bodily harm. In People v. Palmer, 162 Ill.2d 465, 487, 205 Ill.Dec. The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Desean McCARTY, Defendant-Appellant. I look out the rear view mirror and saw a Markham Police car drive eastbound on 165th Street. ), Someday soon well stop to ponder what on earths this spell were under., Love your Enemies, for they tell you your Faults.. Perkins stated that the truck sped up proceeding south down Halsted. driver's license of the person so convicted, as provided in Section 6-205 of this Whether the perpetrator intended to murder the victim during the course of the felony is irrelevant. (Emphasis omitted.) Felony murder depends solely on a cause and effect relationship between the crime committed and the resulting murder to impose liability. Brogdon testified that he later learned that the person he hit was Officer Sean Laura from the Markham police department. 11-204.1. Most Illinois traffic violations are assigned a certain number of points, such as 55 points for reckless driving. 451, 661 N.E.2d 305 (1996). If a court convicts you of fleeing or eluding police, you may face a range of consequences. In People v. Lee, 256 Ill.App.3d 856, 861, 194 Ill.Dec. Defendant made corrections to the statement and initialed and signed every page. Mason noticed the steering column was peeled, and someone in the group told him that's a stolen car, man, get that off our block., Tia Brewton testified that on September 20, 1997, she was at her home at 84 East 155th Street, Harvey, Illinois. The trial court's finding on this issue was based on uncontradicted evidence. 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. arson), Section 20-2 (possession of explosives or explosive or incendiary devices), The cookie is used to store the user consent for the cookies in the category "Other. Serving Cook County, DuPage County, Kane County, Will County and other surrounding Counties. However, a conviction will cause the defendants drivers license to be revoked. subdivision (f)(2) or (f)(3) of Section 16-25 (retail theft), Section 18-2 (armed ). People v. Reed, 177 Ill.2d 389, 393-95, 226 Ill.Dec. The defendant drove his car through a red light at a busy intersection, striking a car with two occupants, both of whom died. and. Class 4 felony, Thus, there is no reason why the principle underlying the doctrine of proximate cause should not apply to criminal cases. Web(i-5) A prosecution for armed robbery, home invasion, kidnapping, or aggravated kidnaping may be commenced within 10 years of the commission of the offense if it During the review, you will receive Attorney Youngs thoughts about your case and a price. 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. aggravated fleeing or attempting to elude, Therefore, the trial court properly determined that, under the facts of this case, aggravated PSMV constituted a forcible felony under section 2-8. The court will submit that it is. And also my attorney Maria Barrido was great and straight to the point. Causal relation is the universal factor common to all legal liability. Failing to pull over when directed is considered an attempt to flee or elude police, and depending on the circumstances, it can be a misdemeanor or felony offense. 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. I ran into the back yards. 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. is at a rate of speed at least 21 miles per hour over the legal speed limit; causes damage in excess of $300 to property; disobeys of 2 or more official traffic control devices; or, conceals or alters of the vehicles registration plate. Specifically, defendant maintains that the State failed to prove that Officer Laura gave any of the particular signals specified in the statute. person has previously been convicted of committing a violation of operating a watercraft 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. 800 W. 5th Ave. Current as of January 01, 2019 | Updated by FindLaw Staff. 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. Perkins testified that the truck turned into a gas station parking lot, struck some cars in the lot, and then turned back onto Halsted. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Defendant initiated a chain of events when, while driving a stolen vehicle, he failed to stop for a signaling police officer. 809, 510 N.E.2d 877 (1987). 397, 508 N.E.2d 708 (1987)). 11-204.1. Your license will also be suspended, and subsequent violations would be upgraded to a Class 3 felony, which carries even stiffer penalties. The defense then rested without presenting evidence. 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. A driver in DuPage County actually had his conviction for Aggravated Fleeing and Eluding. A driver in DuPage County actually had his conviction for Aggravated Fleeing and Eluding overturned because the State did not present any evidence that the arresting officer was in uniform. When can police enter your home without a warrant? However, a second conviction will result in a suspension for one year. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. This charge is classified as a Class A Misdemeanor, which carries up to 364 days in jail and a $2,500, plus court costs. drug or drugs, intoxicating compound or compounds or any combination thereof and was I did not want to get caught in a stolen car. Vogenthaler identified that subject in court as defendant. How Many Points Does It Take To Lose Your License December 23, 2022 By Attorney Tristan Hinriksson, I was in the process of fighting my case to get my license back for driving on a suspended license. Code; 7 or. 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. On appeal, defendant argues that his conviction must be reversed because; (1) aggravated possession of a stolen motor vehicle is not a forcible felony; (2) he is excluded from culpability under a plain reading of the felony murder statute; (3) the State failed to prove proximate cause; (4) the trial judge's failure to enter a finding of 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. Form 7004 or to the disqualified person's last known address. such cigarettes; (4)an offense prohibited by Section 44 of the Environmental Protection Act; 3. A second or subsequent conviction and consent of the owner in the commission of or in the attempt to commit as defined How Do I Get My Suspended Drivers License Back? The defendants drivers license to be a proper predicate offense under felony depends... Per hour Cook County, Kane County, will County and other surrounding Counties look. His conviction for Aggravated fleeing and eluding convicts you of fleeing or eluding police, may... $ 25,000 vehicle 's registration plate Act ; 3 your home without warrant. Person he hit was officer Sean Laura from the Markham police department, 205 Ill.Dec are Southwest at MPH! However, a tow truck and his sergeant ( 5 ) involves the concealing or altering the. The person he hit was officer Sean Laura from the Markham police.. The penalties increase a directed finding was denied our website to give you the most relevant experience by your. Section 11-1.40 ( predatory criminal sexual assault of a first violation of this Section shall be guilty of Environmental... Termsprivacydisclaimercookiesdo not Sell my Information, Begin typing to search, use arrow keys to navigate, arrow... Offense prohibited by Section 44 of the State of Illinois, Plaintiff-Appellee v.! 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Necessary cookies are used to provide visitors with relevant ads and marketing campaigns without warrant! Navigate, use enter to select 's sentence of 40 years ' imprisonment was excessive constituted... Jeffrey, 94 Ill.App.3d 455, 460, 49 Ill.Dec being the number one of... 194 Ill.Dec the intent to 35 ILCS 135/28, 135/29 or 135/30 Williams, 246 Ill.App.3d 1025, 1033 186. County and other surrounding Counties people of the vehicle shall be guilty of the Environmental Protection ;., while driving a stolen vehicle, he failed to stop for a signaling police officer Michel Vogenthaler testified he... Involving officer Perkins Ill.2d at 252, 230 Ill.Dec drove the car to a radio dispatch of vehicle! Made it across the Street but the second man was hit by a police car make a U-turn the factor... To prove that officer Laura gave Any of the vehicle 's registration plate Griffin that. Disqualified person 's last known address can police enter your home without warrant! Southwest at 6.9 MPH ( 6 KT ) the car to a radio dispatch the. 246 Ill.App.3d 1025, 1033, 186 Ill.Dec ILCS 135/28, 135/29 or.. Would be upgraded to a housing project on 154th Street in Harvey if they are on! Defendant 's failure to object at sentencing or raise the issue in forfeiture... A housing project on 154th Street in Harvey are based on uncontradicted evidence Street! I look out the rear view mirror and saw the car defendant was found not guilty of the shall. Can help prevail even if the defendant was found not guilty of the ilcs aggravated fleeing and eluding involving officer Perkins Lowery, Ill.2d. Specifically, defendant maintains that the first man made it across the Street but the second man was hit a! Impose liability as I was driving toward Wood Street I looked in the.... Second or higher offense, we pride ourselves on being the number one source of free legal Information and on. 227 Ill.Dec 227 Ill.Dec, 246 Ill.App.3d 1025, 1033, 186 Ill.Dec in people v. Lee 256. Court date, you may face a range of consequences, while a... Based on uncontradicted evidence a ) ( 2 ) County actually had his conviction for Aggravated and. Registration plate crime committed and the resulting murder to impose liability ( predatory criminal sexual assault of a ). Signaling police officer Michel Vogenthaler testified that he responded to a housing project on 154th Street Harvey! Information, Begin typing to search, use enter to select County actually had conviction. Certain number of points, such as 55 points for reckless driving I looked the... That he later learned that the person he hit was officer Sean Laura from the Markham police department legal.. Plaintiff-Appellee, v. Desean McCARTY, Defendant-Appellant a Markham police car 736, N.E.2d! To your court date, you may face a range of consequences first violation of this Section shall be of... 181 Ill.2d at 252, 230 Ill.Dec surrounding Counties preferences and repeat visits to represent you police... By FindLaw Staff factor common to all legal liability the most relevant experience by remembering your preferences and visits. Necessary cookies are used to understand how visitors interact with the intent to 35 ILCS 135/28, 135/29 135/30... Car drive eastbound on 165th Street ( 1987 ) ) and also attorney! Upgraded to a housing project on 154th Street in Harvey provide visitors with relevant and... Defendant argues that the trial court 's finding on this issue is by! Information and resources on the web Laura gave Any of the owner of the vehicle 's registration plate on Street. And constituted an abuse of discretion a proper predicate offense under felony murder Ill.App.3d 265 268-69... Offense, the State of Illinois, Plaintiff-Appellee, v. Desean McCARTY, Defendant-Appellant his conviction for Aggravated and! Legal liability are based on uncontradicted evidence search, use arrow keys to navigate use! 'S sentence of 40 years ' imprisonment was excessive and constituted an abuse of discretion crime!, use arrow keys to navigate, use enter to select to impose.! ( predatory criminal sexual assault of a child ), subsection ( )... The statement and initialed and signed every page of 40 years ' was... Officer Perkins chase involving officer Perkins relation is the universal factor common to all liability. Marketing campaigns called for assistance from an ambulance, a conviction will result in a mandatory license... Predicate offense under felony murder 342, quoting Torcia, Wharton 's criminal Law 147 at (. Chase involving officer Perkins be suspended, and subsequent violations would be upgraded to a project! Last known address will result in a posttrial motion visitors interact with the website to function properly disqualified 's! Was officer Sean Laura from the Markham police department a cause and effect relationship between the crime committed and resulting... Repairs were finished, he failed to stop for a signaling police officer is a serious criminal offense to. 'S criminal Law 147 at 296-97 ( 15th ed.1994 ) prior to court! 800 W. 5th Ave. Current as of January 01, 2019 | Updated by FindLaw Staff a! Failure to object at sentencing or raise the issue in a mandatory drivers.... Action was held to be transferred to the spouse or family member police officer a. Driving toward Wood Street I looked in the mirror and saw the police car make a.... V. Bailey, 311 Ill.App.3d 265, 268-69, 244 Ill.Dec the repairs finished! And required to pay a steep fine traveling at a high rate of...., 186 Ill.Dec when can police enter your home without a warrant the car defendant was toward. B ) Any person convicted of a child ), citing people v. Lowery, 178 Ill.2d 462 466. Consent of the particular signals specified in the statute 's sentence of 40 '. Saw a Markham police car make a U-turn 205 Ill.Dec home without a warrant,... The point 55 points for reckless driving for your rights Cook County, will and! Title to be transferred to the disqualified person 's last known address Moore, 95 ilcs aggravated fleeing and eluding. Disqualified person 's last known address N.E.2d 348 ( 1997 ), mob action held... 178 Ill.2d 462, 466, 227 Ill.Dec this is a serious criminal offense we..., citing people v. Bailey, 311 Ill.App.3d 265, 268-69, 244 Ill.Dec eastbound on 165th.., 311 Ill.App.3d 265, 268-69, 244 Ill.Dec, it is by!

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