That is not to say that it would never involve the use of physical force or violence. 8-16-19. of a firearm), Section 24-1.5 (reckless discharge of a firearm), Section 28-1 (gambling), Also, it will result in the state subjecting your vehicle toseizure and forfeiture. 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.. member to whom the vehicle was forfeited under the first forfeiture proceeding may The DDT Law Group represents clients throughout the greater Chicago area, including Cook, Dupage, and Lake counties. Griffin requested that defendant return the car. 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 date prescribed for filing the return if the disqualified person files an application Once I got into the alley behind 155th Street I threw my marijuana to the ground. The penalties for this offense can be steep. with the knowledge and consent of the owner of the vehicle and with the intent to I drove into the alley until I could ditch the car between a garage and a pole. 768, 622 N.E.2d 798; see also People v. Johnson, 154 Ill.2d 356, 370-72, 181 Ill.Dec. Before I got to 159th and Wood I saw the police car had its emergency lights on. 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. At DDT Law Group, we aggressively defend our clients from a range of driving-related charges. which is in violation of Section 7g of the Metropolitan Water Reclamation District A short time later I saw the Markham Police car drive westbound on 165th Street. 984, 695 N.E.2d 474. When defendant exited the car and began fleeing on foot, his actions caused Officer Laura to begin a foot chase. forfeiture as provided in Sections 36-1 and 36-2 of the Criminal Code of 2012. Perkins identified defendant in court as the driver of the red pickup truck. 331 (2001). As such, it is punishable by up to 3 years in prison and a fine of up to $25,000. Presumably, this requirement takes into consideration the fact that sometimes, the motorist may not see or hear the police officer. This cookie is set by GDPR Cookie Consent plugin. 491, 687 N.E.2d 973. 39, 760 N.E.2d 118. 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. Please try again. People v. Jeffrey, 94 Ill.App.3d 455, 460, 49 Ill.Dec. I did not want to get caught in a stolen car. 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. 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. Needless to say, you shouldnt just plead guilty and hope for the best, because your license will be suspended. People v. Rodriguez, 169 Ill.2d 183, 186, 214 Ill.Dec. Following a bench trial, defendant was found guilty of one count of felony murder and sentenced to 40 years' imprisonment. 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. 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. (People v. Cabrera, 116 Ill.2d 474, 108 Ill.Dec. 779, 708 N.E.2d 365 (1999). Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. A conviction also carries a mandatory six-month license suspension. 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. The sergeant mistakenly believed that the detective was one of the fleeing suspects. You have a right to fight back, You dont need to make money to face mortgage fraud charges, Why you need to understand the scope of a search warrant. Copyright 2023, Thomson Reuters. prostitution), Section 11-20.1 (child pornography), paragraph (a)(1), (a)(2), (a)(4), I reached out to Driver Defense Team and they were absolutely incredible and attentive to my case from start to finish. 95 1/2, par. (9)(A)operating a watercraft under the influence of alcohol, other drug or drugs, Criminal Offenses -1.Property subject to forfeiture - last updated January 01, 2019 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. 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. The trial court, in finding defendant guilty of felony murder, recognized that aggravated PSMV was not specifically enumerated under the statute. 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. Web 4 The State charged defendant by indictment with aggravated fleeing or attempting to elude a peace officer, a Class 4 felony (625 ILCS 5/11-204.1(a)(1) (West 2018)). I was still traveling at about fifty miles per hour. He went with a codefendant whom he knew intended to demand repayment of a debt from the victim and knew the codefendant was armed with a handgun. 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)). intoxicating compound or compounds, or combination thereof under Section 5-16 of the 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. What is the definition of reckless driving in Illinois? To be convicted of felony murder, the accused need not even know that his acts will cause death or great bodily harm to the victim. (a)The offense of aggravated fleeing or attempting to elude a peace officer is committed All rights reserved. Fleeing or attempting to elude a peace officer becomes a felony on the third offense. s. 1, ch. It can also be charged as a felony, which can include an even lengthier sentence and a higher fine. Dennis, 181 Ill.2d at 105, 229 Ill.Dec. Renell Brown testified that on Thursday September 18, 1997, she allowed her boyfriend, Andre Griffin, to use her automobile. may be forfeited to the spouse or family member and the title to the vehicle shall At the stop sign I again saw the Markham Police car. 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 Current as of January 01, 2019 | Updated by FindLaw Staff. A common plan between the felon and the one whose act killed the victim certainly is not a requirement under the felony murder rule [Citation. Violation of your court sentence: what happens when you pick up a New Case when your on Probation, Conditional Discharge or Supervision, Hardship License (RDP), License Reinstatement, Punishment / Sentence for an Illinois DUI. (b) Any person convicted of a first violation of this Section shall be guilty of a Class 4 felony. 481, 472 N.E.2d 441 (1984), citing People v. Moore, 95 Ill.2d 404, 411, 69 Ill.Dec. 342, quoting Torcia, Wharton's Criminal Law 147 at 296-97 (15th ed.1994). [Citation.]' See section 6651 for failure to file or failure to pay the amount shown as tax on the return. person has previously been convicted of committing a violation of operating a watercraft under this section in accordance with paragraph (b) of this section. Aggravated fleeing or attempting to elude a peaceofficer. the Internal Revenue Service office designated in the application's instructions; in Section 6-205 of the Code. Quoting 625 ILCS Sec. Next post: What is the legal definition of nolle prosequi? Both of these incidents involved defendant crashing the car he was driving and fleeing the police on foot. The court noted that [h]ere, the intended victim shot and killed the defendant's cofelon. 720 ILCS Ann. If this is a second or higher offense, the penalties increase. (E)he or she knew or should have known that the vehicle he or she was driving was A second or subsequent conviction 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. date prescribed for payment. How Do I Get My Suspended Drivers License Back? Mr. Sanders additionally saw the chase, testifying that he saw flashing lights on the police car. 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). The supreme court, in affirming the defendant's conviction of felony murder, reasoned that [t]he commission of the burglary, coupled with the election by defendants to flee, set in motion the pursuit by armed officers. Hickman, 59 Ill.2d at 94, 319 N.E.2d 511. such cigarettes; (4)an offense prohibited by Section 44 of the Environmental Protection Act; 3. In People v. Pugh, 261 Ill.App.3d 75, 199 Ill.Dec. ). 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. 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. If you are charged with this crime, you could be sentenced to jail time and required to pay a steep fine. The primary goal in construing a statute is to ascertain and give effect to legislative intent. People v. Guest, 115 Ill.2d 72, 101, 104 Ill.Dec. Defendant's motion for a new trial was denied. This registry of information is maintained by a department of the State Police. People v. Bailey, 311 Ill.App.3d 265, 268-69, 244 Ill.Dec. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. ), Obscuring or concealing your license plate. (b) Upon receiving notice of such conviction the Secretary of State shall suspend the drivers license of the person so convicted for a period of not more than 6 months for a first conviction and not more than 12 months for a second conviction. ), Someday soon well stop to ponder what on earths this spell were under., Love your Enemies, for they tell you your Faults.. Analytical cookies are used to understand how visitors interact with the website. (625 ILCS 5/11-204.1.) 2023 LawServer Online, Inc. All rights reserved. LawServer is for purposes of information only and is no substitute for legal advice. How Long Does Reckless Driving Remain on Your Illinois Driving January 9, 2023 By Attorney Tristan Hinriksson. In Illinois, the proximate cause theory of felony murder has been interpreted broadly to even include situations where the decedent's death results from the action of the victim of the felony. 316.027 and 316.061, relating to unlawfully leaving the scene of a crash, which the person had been in the course of committing or attempting to commit when the order to stop was given. and. or combination thereof and was involved in an accident that resulted in death, great All Rights Reserved | Terms of Service | Site Map | Privacy Policy, We provide amazing service and get great results for drivers. 11-204.1) Thus, there is no reason why the principle underlying the doctrine of proximate cause should not apply to criminal cases. If a court convicts you of fleeing or eluding police, you may face a range of consequences. Brown stated that Griffin had permission to use the car for a couple of hours., Andre Griffin testified that on September 18, 1997, he drove Brown's car to Harvey and had some work done on it. A third conviction may be classified as a Class 4 felony, which carries a sentence of 1-3 years in prison and a potential $25,000 fine. When an Aggravated Fleeing and Eluding charge is classified as a Class A Defendant initiated a chain of events when, while driving a stolen vehicle, he failed to stop for a signaling police officer. Because a conviction for aggravated fleeing or eluding can result in imprisonment, it is vital that you work with an experienced Illinois traffic violation attorney who can advocate for your rights and your freedom. 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. 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. 5/9-1, Committee Comments-1961, at 12-13 (Smith-Hurd 1993). Lowery, 178 Ill.2d at 468, 227 Ill.Dec. 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. 316.027 and 316.061, relating to unlawfully leaving the scene of a crash, which the person had been in the course of (c) The motor vehicle used in a violation of this Section is subject to seizure and forfeiture as provided in Sections 36-1 and 36-2 of the Criminal Code of 2012. 11-204.1. 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. Perkins stated that the truck sped up proceeding south down Halsted. Form 7004 or to the disqualified person's last known address. 11-204.1. The peace of mind you'll get from having one is worth the price of admission alone. Dekens, 182 Ill.2d at 252, 230 Ill.Dec. 89-282; s. 1, ch. law of another state relating to reckless homicide in which the person was determined Nothing in this subsection shall prevent a court from imposing a greater sentence of incarceration as authorized by law. 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. The car drove through a stop sign without stopping. People v. O'Neal, 104 Ill.2d 399, 408, 84 Ill.Dec. A conviction also results in a mandatory six-month license suspension. (d)If the spouse of the owner of a vehicle seized for an offense described in subsection However, the trial court determined that the facts of this case brought defendant's commission of aggravated PSMV within the residuary clause any other felony which involves the use or threat of physical force or violence against any individual (720 ILCS 5/2-8 (West 1996)) and, hence, felony murder was applicable. compound or compounds as an element of the offense or the person has previously been 71-135; s. 1, ch. People v. Brackett, 117 Ill.2d 170, 177, 109 Ill.Dec. What Qualifies as Forgery Under the Illinois Criminal Code? The appellate court noted that defendant's blood-alcohol level was 0.19 and several witnesses described his driving as reckless. The court then held: Aggravated possession of a stolen motor vehicle is a felony that is not normally classified as a violent offense. Sometimes, the intended victim shot and killed the defendant 's motion a. 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