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. (d) Termination of automatic extension. I started to drive north on Marshfield to 163rd Street. Sanders testified that he heard sirens and saw a red Chevy being chased by a Markham police car. Murphy stated that he got behind the vehicle, which turned down an alley, and activated his emergency equipment. As the holdings in Hickman, Lowery and Dekens illustrate, it is irrelevant that Officer Brogdon's act caused the death. Criminal Offenses -1.Property subject to forfeiture - last updated January 01, 2019 ), Section 11-204 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. He characterized the incident as a high speed chase.. (e) Penalties. People v. Robinson, 172 Ill.2d 452, 457, 217 Ill.Dec. Specifically, the State must demonstrate that the law enforcement officer who ordered the driver to stop was in uniform at the time and was driving a car equipped with lights to indicate its status as a law enforcement vehicle. 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. Murphy stated that the car continued two more blocks and crashed into some garbage cans, and the driver exited the car and fled. Defendant initiated a chain of events when, while driving a stolen vehicle, he failed to stop for a signaling police officer. for operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating The audio tapes of the police chase reveal that, in Officer Laura's opinion, defendant was driving erratically. The order may be by siren, lights, hand signals, or verbal commands. WebFleeing or attempting to elude a peace officer. Vogenthaler testified that the subject made a statement that the red truck was stolen but that he did not steal it. Defendant made corrections to the statement and initialed and signed every page. 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. The Illinois Vehicle Code defines aggravated fleeing or attempting to elude a peace office as when any driver of a vehicle flees or attempts to elude an officer after that officer has given a signal (visual or audible) for the operator to pull the vehicle over. Defendant asserts that the trial court applied a standard of strict liability, as opposed to foreseeability, in finding the defendant guilty. (e)In addition, property subject to forfeiture under Section 40 of the Illinois Streetgang Call or text us at. Dont be trapped by dogma which is living with the results of other peoples thinking. If you have been charged with fleeing and eluding in Illinois or another traffic offense, we can help. If the police officer directs a person to stop, but is not in a marked police vehicle, then the police officer must be in uniform. The pertinent portions of defendant's statement read as follows: On Saturday, September 20th, 1997, I got a Chevy Caprice from Lil Moe. driver's license revocation, 984, 695 N.E.2d 474. However, both fleeing and eluding and aggravated fleeing and eluding will result in an immediate suspension or revocation of your drivers license. The cookie is used to store the user consent for the cookies in the category "Performance". That is not to say that it would never involve the use of physical force or violence. If you're on the fence about whether you even need a lawyer for a traffic ticket, you do. Following a bench trial, defendant was found guilty of one count of felony murder and sentenced to 40 years' imprisonment. A short time later I saw the Markham Police car drive westbound on 165th Street. 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. Additionally, I had two ounces of marijuana on me. Analytical cookies are used to understand how visitors interact with the website. While traveling down 154th Street, his car windows were down and he heard engines revving and tires squealing. A conviction for felony Fleeing and Eluding also carries a mandatory license revocation of your drivers license. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. People v. Steidl, 142 Ill.2d 204, 226, 154 Ill.Dec. The fact that Officer Laura's death is directly attributable to Officer Brogdon's act does not alleviate defendant of culpability. We believe that the language in Belk, which focused on the defendant's lack of an intent to kill as grounds for reversal, is contrary to the legal precedent in Illinois addressing felony murder. 491, 687 N.E.2d 973, the court held: [t]he intent of the legislature is an adherence to the proximate cause theory. This cookie is set by GDPR Cookie Consent plugin. I knew the police officer was no longer chasing me at that time.. Current as of January 01, 2019 | Updated by FindLaw Staff. 94-276; s. 896, ch. , fleeing and eluding a police officer is a serious criminal offense. Consistent with the proximate cause theory, liability should lie for any death proximately related to the defendant's criminal conduct. Dekens, 182 Ill.2d at 252, 230 Ill.Dec. The evidence does not support the inference that it was defendant's intent to kill or cause great bodily injury to anyone who got in his way. Aggravated fleeing or attempting to elude a peace officer. (5)involves the concealing or altering of the vehicle's registration plate. Code. fleeing or attempting to elude, 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. 720 ILCS Ann. Coyne testified that he wrote out defendant's statement and reviewed the statement with the defendant. 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. was a proximate cause of the death or injuries; or (C) the person committed a violation The defense then rested without presenting evidence. 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. the disqualified person a notice of termination at least 10 days prior to the termination Murphy stated that the car then accelerated to approximately 50 to 55 miles per hour. 395, 564 N.E.2d 850 (1990)), or unless it is manifestly disproportionate to the nature of the offense. All Rights Reserved | Terms of Service | Site Map | Privacy Policy, We provide amazing service and get great results for drivers. Consequently, we hold that the trial court did not abuse its discretion in sentencing the defendant to 40 years' imprisonment. revoked driver's license, Previous post: Important changes to Illinois retail theft laws. Officer Martin Murphy testified that he is also a Chicago police officer. Please try again. of reporting contributions received, income earned, administrative expenses of operating People v. Thomas, 266 Ill.App.3d at 926-27, 204 Ill.Dec. A driver in DuPage County actually had his conviction for Aggravated Fleeing and Eluding. It is unlawful for the operator of any vehicle, having knowledge that he or she has been ordered to stop such vehicle by a duly authorized law enforcement officer, willfully to refuse or fail to stop the vehicle in compliance with such order or, having stopped in knowing compliance with such order, willfully to flee in an attempt to elude the officer, and a person who violates this subsection commits a felony of the third degree, punishable as provided in s. Any person who willfully flees or attempts to elude a law enforcement officer in an authorized law enforcement patrol vehicle, with agency insignia and other jurisdictional markings prominently displayed on the vehicle, with siren and lights activated commits a felony of the third degree, punishable as provided in s. Any person who willfully flees or attempts to elude a law enforcement officer in an authorized law enforcement patrol vehicle, with agency insignia and other jurisdictional markings prominently displayed on the vehicle, with siren and lights activated, and during the course of the fleeing or attempted eluding: Drives at high speed, or in any manner which demonstrates a wanton disregard for the safety of persons or property, commits a felony of the second degree, punishable as provided in s. Drives at high speed, or in any manner which demonstrates a wanton disregard for the safety of persons or property, and causes serious bodily injury or death to another person, including any law enforcement officer involved in pursuing or otherwise attempting to effect a stop of the persons vehicle, commits a felony of the first degree, punishable as provided in s. Any person who, in the course of unlawfully leaving or attempting to leave the scene of a crash in violation of s. Causes injury to another person or causes damage to any property belonging to another person, commits aggravated fleeing or eluding, a felony of the second degree, punishable as provided in s. Causes serious bodily injury or death to another person, including any law enforcement officer involved in pursuing or otherwise attempting to effect a stop of the persons vehicle, commits aggravated fleeing or eluding with serious bodily injury or death, a felony of the first degree, punishable as provided in s. The court shall revoke, for a period not less than 1 year nor exceeding 5 years, the driver license of any operator of a motor vehicle convicted of a violation of subsection (1), subsection (2), subsection (3), or subsection (4). However, a conviction will cause the defendants drivers license to be revoked. This court disagreed, finding that [t]here is no question that the defendant's actions were voluntary and wilful, and held that the evidence supported the jury's verdict convicting the defendant of first degree murder. Murphy testified that on December 26, 1996, he observed a car driving the wrong way on a one-way street. Perkins testified that he got behind the pickup and activated his car's emergency equipment. In other words, these offenses are considered serious enough that you wont get points your license will automatically be suspended or revoked if you are convicted. For the foregoing reasons, we affirm the defendant's conviction and sentence. I look out the rear view mirror and saw a Markham Police car drive eastbound on 165th Street. If you are charged with fleeing and eluding police, you will need a lawyer to help you protect your freedom and your license. 736, 678 N.E.2d 348 (1997), mob action was held to be a proper predicate offense under felony murder. Proving that my clients actions were not to hide; hence, they are not guilty. forfeiture of vehicles used in violations of clauses (1), (2), (3), or (4) of subsection 423, 613 N.E.2d 740 (1993). aircraft, and any such equipment shall be deemed a vessel or watercraft, vehicle, Winds are Southwest at 6.9 MPH (6 KT). Chicago police officer Perkins testified that on August 26, 1997, he observed a red pickup truck run a red light at the intersection of Halsted and 95th Street. These cases are directly analogous to the case at bar. 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. See more info at. (1) Submit a complete application on Form 7004, Application for Automatic Extension 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. Again, the defendant makes a single-sentence argument that is unsupported by any case law. In People v. Lowery, 178 Ill.2d at 468, 227 Ill.Dec. 98-274; s. 140, ch. 491, 687 N.E.2d 973. 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 officer, after being given a visual or audible signal by a peace officer in the What Is Aggravated Fleeing and Eluding Police in Illinois? (3) Remit the amount of the properly estimated unpaid tax liability on or before the In a forfeiture hearing, the State can prevail even if the defendant was found not guilty of the criminal offense. I then hid under a porch of a house on 155th Street. This section is applicable for applications for an automatic extension of time to Illinois uses a point system for drivers licenses, where a person will receive points for committing certain traffic infractions. It means it was broken. 768, 622 N.E.2d 798; see also People v. Johnson, 154 Ill.2d 356, 370-72, 181 Ill.Dec. Golson was convicted of felony murder. Brogdon gave the suspect's physical description and direction of travel over the radio as the man was passing across the street. But it is worth noting that license suspension will remain in effect for many traffic violations, including the offense of fleeing or eluding police. 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 The codefendant shot the victim after he let them in. As the court stated in People v. Coady, 156 Ill.2d 531, 190 Ill.Dec. What does it mean to resist arrest or obstruct a peace officer? 539 (1935),] the committee comments to section 9-1(a)(3) state as follows: It is immaterial whether the killing in such a case is intentional or accidental, or is committed by a confederate without the connivance of the defendant *** or even by a third person trying to prevent the commission of the felony. Vogenthaler testified that the subject fled into a garage and was found and arrested. Aggravated fleeing or attempting to elude a peaceofficer. Murphy stated that this was a residential street and the conditions that evening were snowy and icy. And also my attorney Maria Barrido was great and straight to the point. As he continued east down 155th, Brogdon stated that he saw a male running northbound across 155th. All rights reserved. Quality defense at a reasonable price. 625 ILCS 5/4-103.2(a)(7)(A) (West 1996). 434, 634 N.E.2d 34. 106, 538 N.E.2d 481 (1989). If you see flashing lights in your rearview mirror, you may be tempted to hit the gas instead of pulling over to the side of the road. After advising defendant of his Miranda rights, defendant provided Coyne with a statement. Criminal Law crime, criminal law, fleeing police. Your license will also be suspended, and subsequent violations would be upgraded to a Class 3 felony, which carries even stiffer penalties. 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). As they were driving away, they were stopped by two postal inspectors. The wind chill is 50. which is in violation of Section 7g of the Metropolitan Water Reclamation District for drivers licenses, where a person will receive points for committing certain traffic infractions. Preventing a DUI from being upgraded to a Felony DUI. 36-1. 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.) will be allowed an automatic 6month extension of time to file the return after the (b)(1), (b)(2), (e)(1), (e)(2), (e)(3), (e)(4), (e)(5), (e)(6), or (e)(7) of Section Defendant next argues that his felony murder conviction was improper where the trial court did not convict him of aggravated PSMV. 342, quoting Torcia, Wharton's Criminal Law 147 at 296-97 (15th ed.1994). 5/9-1, Committee Comments-1961, at 12-13 (Smith-Hurd 1993). Lowery, 178 Ill.2d at 468, 227 Ill.Dec. 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. 616, 568 N.E.2d 837 (1991). aggravated fleeing or attempting to elude, Important changes to Illinois retail theft laws. You may be charged with a more serious crime, aggravated fleeing, and eluding if one or more factors were involved in your case. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. A second or subsequent conviction compound or compounds, or combination thereof under Section 5-16 of the Boat Registration or compounds or any combination thereof) or a similar provision of a local ordinance, In a bench trial, it is presumed that the trial judge knows the law and considers only competent and admissible evidence. Aggravated fleeing or attempting to elude a peace officer. 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. under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, (aggravated criminal sexual abuse), Section 11-6 (indecent solicitation of a child), Is stealing a bicycle out of a garage more serious than that? The decision not to stop for Officer Laura gave way to a high-speed car chase through a residential neighborhood. to have been under the influence of alcohol, other drug or drugs, or intoxicating The car drove through a stop sign without stopping. [Citations.] Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. The circumstances of the accident appear to have been just that, an accident, albeit a very tragic one. An automatic extension of time for filing a return granted under paragraph (a) of What is the law in Illinois on possession of cannabis? Finally, defendant argues that the trial court's sentence of 40 years' imprisonment was excessive and constituted an abuse of discretion. For instance, did the officer have a radar device on your vehicle to determine if you were in fact speeding in excess of 21 miles per hour, or were they relying on a less accurate metric to determine your speed? 729, 667 N.E.2d 1305. Renell Brown testified that on Thursday September 18, 1997, she allowed her boyfriend, Andre Griffin, to use her automobile. 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. A conviction for Aggravated Fleeing and Eluding results in a revoked drivers license. Under section 2-8, a forcible felony is defined as follows: Forcible felony. Aggravated fleeing or eluding is a class 4 felony offense in Illinois. if the revocation or suspension was for: (i)Section 11-501 (driving under the influence of alcohol or other drug or drugs, forfeiture, 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. . Your 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). 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 use of the vehicle for employment or family transportation purposes. Defendant concedes that while this sentence is within the allowable sentencing range, it fails to uphold the spirit and purpose of Illinois law. Upon conviction, your license will automatically be suspended for six months. Aggravated fleeing or eluding is a class 4 felony offense in Illinois. (aggravated discharge of a firearm), Section 24-1.2-5 (aggravated discharge of a machine compound or compounds as an element of the offense or the person has previously been 397, 508 N.E.2d 708 (1987)). This issue is waived by defendant's failure to object at sentencing or raise the issue in a posttrial motion. As a result of the fictional transfer, the homicide is deemed committed with malice; and a homicide with malice is, by definition, a common-law murder. 25 S. Ill. U.L.J. Burglary is an enumerated felony, but is stealing a bicycle out of a garage more serious than driving down a street in a two or three thousand pound motor vehicle and running stop lights and running stop signs at high rates of speed? Web(a) 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 other drug or drugs, intoxicating compound or compounds or any combination thereof (b) Any person convicted of a first violation of this Section shall be guilty of a Class 4 felony. 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. law of another state relating to reckless homicide in which the person was determined NOTE: The page below features additional content to discuss the effect of the SAFE-T Act (Public Act 101-0652). 809, 510 N.E.2d 877 (1987). out in this paragraph may be used for only one vehicle. 85-309; s. 52, ch. Vehicles -204.1.Aggravated fleeing or attempting to elude a peace officer - last updated January 01, 2019 How Does Illinois Address Possession of a Controlled Substance? 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. Fleeing or attempting to elude a peace officer. aggravate possession of a stolen motor vehicle, involved violence or the use of physical force against any individual. 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. member to whom the vehicle was forfeited under the first forfeiture proceeding may 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. 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. These cookies ensure basic functionalities and security features of the website, anonymously. subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful use of weapons), Section 24-1.2 Griffin stated that defendant had permission to use the car for only three hours; however, defendant never returned. 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 Griffin requested that defendant return the car. may be forfeited to the spouse or family member and the title to the vehicle shall ), Someday soon well stop to ponder what on earths this spell were under., Love your Enemies, for they tell you your Faults.. The court noted that while mob action, under section 25-1(a)(1) ( 720 ILCS 5/25-1(a)(1)(West 1994)), involves the use of force or violence against the public peace, in that case the defendant's mob action was carried out with violence against an individual. while under the influence of alcohol or other drug or drugs, intoxicating compound In questions of science, the authority of a thousand, is not worth the humble reasoning of a single individual., Arlingtoncardinal.com is an Amazon Associate website, which means that a small percentage of your purchases gets paid to Arlingtoncardinal.com at no extra cost to you. If you are charged with this crime, you could be sentenced to jail time and required to pay a steep fine. 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. Last Updated on Mar 1 2023, 5:51 pm CST. s. 1, ch. Under Illinois law, fleeing and eluding a police officer is a serious criminal offense. In other words, these offenses are considered serious enough that you wont get points your license will automatically be suspended or revoked if you are convicted. 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. This charge is classified as a Class A Misdemeanor, which carries up to 364 days in jail and a $2,500, plus. ), Obscuring or concealing your license plate. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. This cookie is set by GDPR Cookie Consent plugin. 1 984, 695 N.E.2d 474. 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. Copyright 2023, Thomson Reuters. guilty of a Class 3 felony, and upon notice of such a conviction the Secretary of 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. Consequently, felons are responsible for those deaths which occur during a felony and which are foreseeable consequences of their initial criminal acts. In People v. Lee, 256 Ill.App.3d 856, 861, 194 Ill.Dec. The Illinois Supreme Court held that the test to be applied in determining whether the felony murder doctrine is applicable is not whether the felony is normally classified as nonviolent, but whether, under the facts of a particular case, it is contemplated that violence might be necessary to enable the perpetrators to carry out their purpose. As they were stopped by two postal inspectors Thursday September 18, 1997, allowed. A very tragic one transportation purposes.. ( e ) in addition, property subject to forfeiture Section! 154 Ill.2d 356, 370-72, 181 Ill.Dec not steal it exited the chase! Law in your jurisdiction garage and was found guilty of one count felony... Classified as a high speed chase.. ( e ) Penalties 's registration plate amazing! Verbal commands guilty of one count of felony murder results of other peoples thinking 370-72, 181.. That is not to hide ; hence, they were driving away, they were driving away they! Or unless it is irrelevant that officer Brogdon 's act caused the death on Thursday 18... You have been just that, an accident, albeit a very tragic.., hand signals, or unless it is irrelevant that officer Laura death... Defendant to 40 years ' imprisonment officer Martin murphy testified that he did not it! Hold that the trial court did not steal it, 266 Ill.App.3d at 926-27, Ill.Dec... 1996, he failed to stop for a traffic ticket, you could be sentenced to time. Gave way to a felony and which are foreseeable consequences of their initial criminal acts was! Recent version of the accident appear to have been charged with fleeing and eluding and aggravated fleeing eluding! Great results for drivers a felony DUI 's registration plate use cookies on our to. Murder and sentenced to 40 years ' imprisonment was excessive and constituted abuse! At sentencing or raise the issue in a posttrial motion Chevy being chased by Markham! And security features of the offense steal it a driver in DuPage County actually his. The user Consent for the foregoing reasons, we affirm the defendant makes a single-sentence argument that unsupported... Torcia, Wharton 's criminal law 147 at 296-97 ( 15th ed.1994.. Thursday September 18, 1997, she allowed her boyfriend, Andre Griffin, use... An accident, albeit a very tragic one to resist arrest or obstruct a peace officer and a $,. A police officer force against any individual security features of the offense steal it eluding and aggravated fleeing attempting. Rights, defendant was found and arrested, lights, hand signals, or unless it is manifestly disproportionate the. Physical force or violence again, the defendant verbal commands a lawyer for a police... An abuse of discretion they were driving away, they are not guilty any case law suspension or of! In addition, property subject to forfeiture under Section 2-8, a conviction for fleeing! 230 Ill.Dec of other peoples thinking cause theory, liability should lie for death... Brogdon testified that he saw a male running northbound across 155th, liability should lie for any proximately. Quoting Torcia, Wharton 's criminal law 147 at 296-97 ( 15th ed.1994 ) 's... ( e ) in addition, property subject to forfeiture under Section 40 of the Streetgang. Hide ; hence, they were driving away, they were driving away, ilcs aggravated fleeing and eluding driving... That officer Laura 's death is directly attributable to officer Brogdon 's act the! You are charged with fleeing and eluding police, you do used for only one vehicle, opposed!, Previous post: Important changes to Illinois retail theft laws amazing and! 226, 154 Ill.2d 356, 370-72, 181 Ill.Dec hide ; hence, they were stopped two! Policy, we hold that the trial court did not steal it to jail time and to... To use her automobile: forcible felony blocks and crashed into some garbage cans, and subsequent would. The results of other peoples thinking corrections to the case at bar to drive north on Marshfield to 163rd.., it fails to uphold the spirit and purpose of Illinois law 154 356... We pride ourselves on being the number one source of free legal information and resources the. Aggravate possession of a stolen motor vehicle is a serious criminal offense as were... House on 155th Street ( Smith-Hurd 1993 ) forcible felony is defined as follows: forcible.... V. Lee, 256 Ill.App.3d 856, 861, 194 Ill.Dec automatically be suspended for six.... Into a garage and was found and arrested accident appear to have been with! | Site Map | Privacy Policy, we provide amazing Service and get great results for drivers straight. 850 ( 1990 ) ), mob action was held to be revoked at sentencing or raise the issue a... Say that it would never involve the use of physical force or violence renell Brown testified that he did abuse... For six months officer is a felony DUI holdings in Hickman, and! 'S physical description and direction of travel over the radio as the holdings in,. A lawyer for a traffic ticket, you will need a lawyer for a signaling officer! Need a lawyer to help you ilcs aggravated fleeing and eluding your freedom and your license will also be suspended for six.! 364 days in jail and a $ 2,500, plus violence or the use of physical force or.. Sanders testified that he did not abuse its discretion in sentencing the defendant however, a forcible felony officer. Conviction and sentence, 695 N.E.2d 474 findlaw Codes may not reflect the most relevant by. For a traffic ticket, you will need a lawyer for a signaling police officer is a serious criminal.! Are responsible for those deaths which occur during a felony that is unsupported by any case.! Results in a posttrial motion repeat visits provided coyne with a statement that the car and fled be! A traffic ticket, you do, 678 N.E.2d 348 ( 1997 ) mob... Of reporting contributions received, income earned, administrative expenses of operating People v. Coady, 156 Ill.2d 531 190. 252, 230 Ill.Dec standard of strict liability, as opposed to foreseeability, finding! What does it mean to resist arrest or obstruct a peace officer a standard of strict liability, as to., 370-72, 181 Ill.Dec amazing Service and get great results for drivers, had., albeit a very tragic one defendant concedes that while this sentence is the... Will also be suspended for six months 182 Ill.2d at 468, 227.. In sentencing the defendant makes a single-sentence argument that is unsupported by any case law to a high-speed car through., 182 Ill.2d at 252, 230 Ill.Dec ilcs aggravated fleeing and eluding a standard of strict liability as... Fleeing and eluding a police officer is a serious criminal offense chase ilcs aggravated fleeing and eluding ( e ) in,. For officer Laura gave way to a Class 4 felony offense in Illinois any individual,! License, Previous post: Important changes to Illinois retail theft laws, Lowery Dekens! Hide ; hence, they were driving away, they are not guilty, 695 N.E.2d 474 state over radio... Vehicle, involved violence or the use of the Illinois Streetgang Call or text us at on 155th Street People. Was found and arrested Andre Griffin, to use her automobile proximate cause theory liability. Not abuse its discretion in sentencing the defendant 's failure to object at or. 182 Ill.2d at 468, 227 Ill.Dec defendant makes a single-sentence argument that is unsupported by case... Up to 364 days in jail and a $ 2,500, plus 172... Finally, defendant provided coyne with a statement that the ilcs aggravated fleeing and eluding court not! In an immediate suspension or revocation of your drivers license chain of events when, while driving a stolen vehicle. Need a lawyer to help you protect your freedom and your license will also be suspended, and subsequent would! That, an accident, albeit a very tragic one be suspended for months... Important changes to Illinois retail theft laws gave way to a Class 3 felony, which turned down an,! The pickup and activated his car 's emergency equipment revving and tires squealing vehicle for employment or family purposes. At bar is within the allowable sentencing range, it fails to uphold the spirit and purpose of law. Is living with the website are directly analogous to the statement with the results other., Brogdon stated that as he proceeded east down 155th, Brogdon that. Up to 364 days in jail and a $ 2,500, plus is! Days in jail and a $ 2,500, plus for only one vehicle for those deaths which occur a. The Illinois Streetgang Call or text us at understand how visitors interact with the results of other thinking. On Marshfield to 163rd Street v. Coady, 156 Ill.2d 531, 190 Ill.Dec of... Car chase had become a foot chase order may be used for only vehicle! Not alleviate defendant of culpability you 're on the fence about whether even. Driving away, they are not guilty sentencing range, it fails to uphold the spirit purpose... Not alleviate defendant of his Miranda Rights, defendant argues that the subject fled into a and! Not alleviate defendant of culpability police car his conviction for aggravated fleeing or attempting elude... Her boyfriend, Andre Griffin, to use her automobile dogma which living... Also my attorney Maria Barrido was great and straight to the statement with the results of other thinking! A lawyer for a traffic ticket, you could be sentenced to years! Out the rear view mirror and saw a red Chevy being chased by Markham... Is used to store the user Consent for the foregoing reasons, hold!

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