A second or subsequent conviction be transferred to the spouse or family member who is properly licensed and who requires (625 ILCS 5/11-204.1) (from Ch. intoxicating compound or compounds, or combination thereof under Section 5-16 of the Thus, there is no reason why the principle underlying the doctrine of proximate cause should not apply to criminal cases. People v. Guest, 115 Ill.2d 72, 101, 104 Ill.Dec. (1) Submit a complete application on Form 7004, Application for Automatic Extension 491, 687 N.E.2d 973: We believe that the analogies between civil and criminal cases in which individuals are injured or killed are so close that the principle of proximate cause applies to both classes of cases. 779, 708 N.E.2d 365 (1999). date designated in such notice. Perkins testified that the truck turned into a gas station parking lot, struck some cars in the lot, and then turned back onto Halsted. The Commissioner may terminate an automatic extension at any time by mailing to Perkins testified that he got behind the pickup and activated his car's emergency equipment. People v. Reed, 177 Ill.2d 389, 393-95, 226 Ill.Dec. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. https://codes.findlaw.com/il/chapter-720-criminal-offenses/il-st-sect-720-5-36-1.html, Read this complete Illinois Statutes Chapter 720. Contact us. As the holdings in Hickman, Lowery and Dekens illustrate, it is irrelevant that Officer Brogdon's act caused the death. 720 ILCS 5/9-1 (West 1996). 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. 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. 93-120, eff. or combination thereof and was involved in an accident that resulted in death, great Sanders heard the sirens and observed the emergency lights flashing on the police car. Where the language is clear and unambiguous, the statute must be applied without further aids of statutory construction. 71-135; s. 1, ch. 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. Officer Martin Murphy testified that he is also a Chicago police officer. subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful use of weapons), Section 24-1.2 permit; or. 11-204.1. The defendant went to the victim's home to sell him cocaine. | https://codes.findlaw.com/il/chapter-720-criminal-offenses/il-st-sect-720-5-36-1.html. Preventing a DUI from being upgraded to a Felony DUI. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. A defense motion for a directed finding was denied. [Citations.] The offense of fleeing or attempting to elude a peace officer is a Class A misdemeanor in Illinois. At the close of all the evidence, the trial court found the defendant guilty of felony murder and sentenced him to 40 years' imprisonment. 395, 564 N.E.2d 850 (1990)), or unless it is manifestly disproportionate to the nature of the offense. Additionally, I had two ounces of marijuana on me. 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. (iv)reckless homicide as defined in Section 9-3 of this Code; (B)has been previously convicted of reckless homicide or a similar provision of a Most Illinois traffic violations are assigned a certain number of points, such as 55 points for reckless driving. subdivision (f)(2) or (f)(3) of Section 16-25 (retail theft), Section 18-2 (armed 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. 35 ILCS 130/21, 130/22, 130/23, 130/24 or 130/26. great bodily harm to that individual, the vehicle shall be subject to seizure and Last Updated on Mar 1 2023, 5:51 pm CST. Causal relation is the universal factor common to all legal liability. Class A misdemeanor, That is not to say that it would never involve the use of physical force or violence. The trial court properly convicted the defendant of felony murder only. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. It does not store any personal data. 95 1/2, par. Vogenthaler stated that he pursued the subject, first in his police car, and then on foot, along with other officers that had been called to the vicinity. may be forfeited to the spouse or family member and the title to the vehicle shall If this is a second or higher offense, the penalties increase. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 720 ILCS Ann. The audio tapes of the police chase reveal that, in Officer Laura's opinion, defendant was driving erratically. Since statutory construction is a question of law, our standard of review is de novo. 99-248; s. 1, ch. What is the law in Illinois on possession of cannabis? The Commissioner must mail the notice of termination to the address shown on the while under the influence of alcohol or other drug or drugs, intoxicating compound Webhim to bring the vehicle to a stop, to willfully fail or refuse to obey such direction, increase his speed, extinguish his lights or otherwise flee or attempt to elude the Section 625 ILCS 5/11-503 - Reckless driving; aggravated reckless driving (a) A person commits reckless driving if he or she: (1) drives any vehicle with a willful or wanton disregard for the safety of persons or property; or Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. However, both fleeing and eluding and aggravated fleeing and eluding will result in an immediate suspension or revocation of your drivers license. Weve successfully challenged many fleeing and eluding cases, and we know that its hard for police to prove your intentions, so dont just let them bully you into a conviction. 984, 695 N.E.2d 474. In People v. Banks, 287 Ill.App.3d 273, 222 Ill.Dec. For these reasons, we decline to follow Belk. In addition to Driving Under the Influence of Drugs or Alcohol (625 ILCS 5/11-501) or Reckless Driving (625 ILCS 5/11-503), there are other traffic offenses in Illinois that are serious, such as Aggravated Fleeing or Attempting to Elude a peace officer (625 ILCS 5/11-204.1). this Article for the seizure and forfeiture of vessels or watercraft, vehicles, and People v. O'Neal, 104 Ill.2d 399, 408, 84 Ill.Dec. Defendant next argues that his felony murder conviction was improper where the trial court did not convict him of aggravated PSMV. When can police enter your home without a warrant? What Qualifies as Forgery Under the Illinois Criminal Code? 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. The matter proceeded to a jury trial on June 5, 2019. (9)(A)operating a watercraft under the influence of alcohol, other drug or drugs, drug or drugs, intoxicating compound or compounds or any combination thereof and was In a case factually similar to Belk and the instant case, People v. Thomas, 266 Ill.App.3d 914, 204 Ill.Dec. Murphy stated that the car then accelerated to approximately 50 to 55 miles per hour. The court would submit not, and that is a forcible felony, stealing a bicycle out of a garage.. (f) Effective/applicability dates. I stopped at the stop sign at 163rd and Marshfield. 36-1. 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. Vehicles -204.1.Aggravated fleeing or attempting to elude a peace officer on Westlaw FindLaw Codes may not reflect the most recent version of the law in What does it mean to resist arrest or obstruct a peace officer? forfeiture of vehicles used in violations of clauses (1), (2), (3), or (4) of subsection It is immaterial whether the killing was intentional or accidental or was committed by a confederate without the connivance of the defendant or even by a third party trying to prevent the commission of or resist the felony. I knew the police officer was no longer chasing me at that time.. He characterized the incident as a high speed chase.. Following a bench trial, defendant was found guilty of one count of felony murder and sentenced to 40 years' imprisonment. Vogenthaler identified that subject in court as defendant. NOTE: The page below features additional content to discuss the effect of the SAFE-T Act (Public Act 101-0652). The DDT Law Group represents clients throughout the greater Chicago area, including Cook, Dupage, and Lake counties. Specifically, defendant maintains that the State failed to prove that Officer Laura gave any of the particular signals specified in the statute. 491, 687 N.E.2d 973. Renell Brown testified that on Thursday September 18, 1997, she allowed her boyfriend, Andre Griffin, to use her automobile. 616, 568 N.E.2d 837 (1991). Aggravated fleeing or attempting to elude a peace officer. 106, 538 N.E.2d 481 (1989). Before I got to 159th and Wood I saw the police car had its emergency lights on. I turned right on 163rd and drove past the police car. Therefore, my client is not guilty. 423, 613 N.E.2d 740 (1993). 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 a repeat offense, or for situations where aggravating factors (such as excessive speed or causing injury) are present, you may be charged with a Class 4 misdemeanor. the disqualified person a notice of termination at least 10 days prior to the termination If you're on the fence about whether you even need a lawyer for a traffic ticket, you do. You can start by calling Attorney Young. 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. A conviction also results in a mandatory six-month license suspension. 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. member to whom the vehicle was forfeited under the first forfeiture proceeding may On the other hand, if the offense occurs when the police officer is following the defendant in a squad car, then both of the oscillating lights and the siren must be activated. was a proximate cause of the death or injuries; or (C) the person committed a violation 552, 692 N.E.2d 325. Any person convicted of a second or subsequent violation of this Section shall be Nobody likes to see the red and blue lights in their rearview mirror, but you can make a bad situation even worse if you decide not to pull over for an officer who has directed you to do so. , fleeing and eluding a police officer is a serious criminal offense. [Citation.] Officer Brogdon testified that on the evening of September 20, 1997, he was on duty as a patrol officer for the Harvey police department. Generally, the State only needs to show the vehicle was used in the offense to win a forfeiture case. The State later added a fourth count of first-degree murder. 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. Those who commit forcible felonies know they may encounter resistance, both to their affirmative actions and to any subsequent escape. Hickman, 59 Ill.2d at 94, 319 N.E.2d 511. (b)In addition, any mobile or portable equipment used in the commission of an act (625 ILCS 5/11-204.1.) The wind chill is 50. Defendant's one-sentence argument in this regard is unsupported by any cited case law. These questions could mean the difference between a charge of Fleeing and Aggravated Fleeing. (2) 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. 775.082, s. 775.083, or This section is applicable for applications for an automatic extension of time to peace officer, (a) of this Section. Get a Free Case Review with one of our experienced lawyers today! Defense strategies may include questioning the actions listed above to see if the prosecutor can prove beyond a reasonable doubt that they were violated. 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. for operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating Defendant has failed to cite any case law to support his argument. 984, 695 N.E.2d 474. If the vehicle is the subject of a subsequent forfeiture proceeding by virtue of 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). 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. Analytical cookies are used to understand how visitors interact with the website. FightDUICharges Law offices is a top rated affordable DUI attorney organiza, Chicago and surrounding suburbs Personal Injury and Wrongful Death Attorney, Staver Accident Injury Lawyers is a personal injury and car accident law fi. by any driver or operator of a motor vehicle who flees or attempts to elude a peace The DDT Law Group represents clients throughout the greater Chicago area, including Cook, Dupage, and Lake counties. Brogdon testified that he later learned that the person he hit was Officer Sean Laura from the Markham police department. Whether the perpetrator intended to murder the victim during the course of the felony is irrelevant. (Emphasis omitted.) Probation is possible. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Fleeing or attempting to elude a peace officer is also a felony where any of the following take place: If any of the above occurs, the offense is a Class 4 felony (1-3 years prison). You also have the option to opt-out of these cookies. (c) No extension of time for the payment of tax. of reporting contributions received, income earned, administrative expenses of operating a result of the seizure outweighs the benefit to the State from the seizure, the vehicle . A person will receive these charges if they failed to stop when signaled to do so. The penalties for this offense can be steep. Presumably, this requirement takes into consideration the fact that sometimes, the motorist may not see or hear the police officer. The primary goal in construing a statute is to ascertain and give effect to legislative intent. 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. under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, of transportation and it is determined that the financial hardship to the family as (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. Again, the defendant makes a single-sentence argument that is unsupported by any case law. 94-276; s. 896, ch. 8-16-19. Section 11-1.40 (predatory criminal sexual assault of a child), subsection (a) of The signal given by the peace officer may be by hand, voice, siren, red or blue light. The testimony of Sanders indicated that he heard tires squealing and saw the car defendant was driving traveling at a high rate of speed. The defense then rested without presenting evidence. 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. People v. Thomas, 266 Ill.App.3d at 926-27, 204 Ill.Dec. Griffin testified that two days later, defendant returned to the housing projects in the Caprice. 984, 695 N.E.2d 474. Current as of January 01, 2019 | Updated by FindLaw Staff. 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. Vehicles -204.1.Aggravated fleeing or attempting to elude a peace officer - last updated January 01, 2019 Griffin testified that he rented Brown's car out to defendant in exchange for drugs. 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. 625 ILCS 5/4-103.2(a)(7)(A) (West 1996). We are hard-pressed to say that the facts of this case present a situation where the perpetrators formulated a plan to kill anyone and everyone who got in their way in the event they had to escape. I was going to drive the car and then get rid of it. and Safety Act 8 or a similar provision for the third or subsequent time. If you are charged with this crime, you could be sentenced to jail time and required to pay a steep fine. Citing [People v.] Payne, [359 Ill. 246, 194 N.E. 101-395, eff. this Article if the vessel or watercraft, vehicle, or aircraft is used with the knowledge The peace of mind you'll get from having one is worth the price of admission alone. 342, quoting Torcia, Wharton's Criminal Law 147 at 296-97 (15th ed.1994). A short time later I saw the Markham Police car drive westbound on 165th Street. (5) involves the concealing or altering of the vehicles registration plate or digital registration plate. (c) No extension of time for the payment of tax. Fleeing and eluding may be charged as either a misdemeanor or a felony in Illinois, depending on the facts of the case. If you are charged with this crime, you could be sentenced to jail time and required to pay a steep fine. If you face an Aggravated Fleeing and Eluding charge in the state of Illinois, contactRichard at Fenbert & Associates, LLCfor a free consultation. My lawyer Kaitlyn was ama(). Sec. I got a DUI in Illinois. aircraft, and any such equipment shall be deemed a vessel or watercraft, vehicle, Under Illinois law, fleeing and eluding a police officer is a serious criminal offense. ] People v. Lowery, 178 Ill.2d 462, 466, 227 Ill.Dec. driver's license revocation, 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 Mr. Sanders additionally saw the chase, testifying that he saw flashing lights on the police car. 2 State shall forthwith revoke the driver's license of the person convicted, as provided This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. People v. Brackett, 117 Ill.2d 170, 177, 109 Ill.Dec. Moreover, we believe that the intent behind the felony-murder doctrine would be thwarted if we did not hold felons responsible for the foreseeable consequences of their actions. Lowery, 178 Ill.2d at 466-67, 227 Ill.Dec. This clause has been interpreted broadly to include nonviolent felonies that might require force to perpetrate. These cookies will be stored in your browser only with your consent. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Cite this article: FindLaw.com - Illinois Statutes Chapter 625. The sergeant mistakenly believed that the detective was one of the fleeing suspects. If you continue at your normal pace and they dont catch up to you for three miles because it took them a while to catch up, this isnt an instance of someone trying to flee. (E)he or she knew or should have known that the vehicle he or she was driving was ). law of another state relating to reckless homicide in which the person was determined 729, 667 N.E.2d 1305 (1996). All parties agree that the felony murder doctrine is applicable to defendant only if the facts of this case bring defendant's commission of the offense of aggravated PSMV within the residuary clause of the definition of forcible felony, to wit: any other felony which involves the use or threat of physical force or violence against any individual. 720 ILCS 5/2-8 (West 1996). forfeiture as provided in Sections 36-1 and 36-2 of the Criminal Code of 2012. 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. 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. ), Obscuring or concealing your license plate. 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. The car drove through a stop sign without stopping. This was a result of defendant's flight and was a direct and foreseeable consequence of defendant's original actions. I stayed there for about ten minutes. The cookies is used to store the user consent for the cookies in the category "Necessary". 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. [Citation.] 124, 762 N.E.2d 693 (2002), the appellate court affirmed defendant's conviction for felony murder predicated on the charge of armed violence based on unlawful possession of a controlled substance. This issue is waived by defendant's failure to object at sentencing or raise the issue in a posttrial motion. 848, 617 N.E.2d 87 (1993). However, [i]t is not the law in this state that the defendant's acts must be the sole and immediate cause of death. People v. Lowery, 178 Ill.2d at 471, 227 Ill.Dec. (b) Any person convicted of a first violation of this Section shall be guilty of a Class 4 felony. 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. The penalty can be up to 364 days in jail and the court can order the defendant to pay a fine of $2,500.