11-204.1. 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 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 court noted that [h]ere, the intended victim shot and killed the defendant's cofelon. And all this is on top of whatever other crime you may have committed. But opting out of some of these cookies may affect your browsing experience. Defendant asserts that the trial court applied a standard of strict liability, as opposed to foreseeability, in finding the defendant guilty. 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. (b)Any person convicted of a first violation of this Section shall be guilty of a Last Updated on Mar 1 2023, 5:51 pm CST. and Safety Act 8 or a similar provision for the third or subsequent time. 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. These cookies will be stored in your browser only with your consent. Additionally, I had two ounces of marijuana on me. 98-274; s. 140, ch. 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. I stopped at the stop sign at 163rd and Marshfield. Sanders testified that it appeared that the cars were traveling faster than the speed limit. while under the influence of alcohol or other drug or drugs, intoxicating compound See more info at. Most Illinois traffic violations are assigned a certain number of points, such as 55 points for reckless driving. You will receive a no-obligation, no-cost review of your case. This standard of review applies equally to bench trials. Brown testified that she gave Griffin the maroon Chevrolet Caprice to drive it to Harvey, Illinois, to be repaired. The evidence is clear that defendant was determined to elude capture but not that he intended to kill anyone during the course of the chase. Belk, 326 Ill.App.3d at 295, 260 Ill.Dec. I did not want to get caught in a stolen car. 779, 708 N.E.2d 365 (1999). 491, 687 N.E.2d 973. (5)an offense prohibited by Section 11-204.1 of the Illinois Vehicle Code 4 (aggravated fleeing or attempting to elude a peace officer); (6)an offense prohibited by Section 11-501 of the Illinois Vehicle Code (driving 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. Defendant next contends that because the officer's death was the result of Officer Brogdon's actions, and not a direct result of his own actions, he cannot be charged under the felony murder statute. 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. forfeiture, What Is Aggravated Fleeing and Eluding Police in Illinois? 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. subdivision (f)(2) or (f)(3) of Section 16-25 (retail theft), Section 18-2 (armed Maria the receptionist was awesome very understanding, patience and made me feel at ease with the whole situation. 395, 564 N.E.2d 850 (1990)), or unless it is manifestly disproportionate to the nature of the offense. Brogdon began to slow his car down, in preparation to bail out of the car and proceed on a foot chase, when an impact happened. Officer Brogdon's vehicle, driving toward the scene, ultimately hit Officer Laura. Dont be trapped by dogma which is living with the results of other peoples thinking. A person will receive these charges if they failed to stop when signaled to do so. Causal relation is the universal factor common to all legal liability. Suite 100 H compound or compounds, or combination thereof; (B) operating a watercraft under the On appeal, defendant argued that he could not be convicted of felony murder because theft from the United States mails is not a forcible felony and normally it would not involve any danger to human life. aircraft, and any such equipment shall be deemed a vessel or watercraft, vehicle, Perkins testified that he got behind the pickup and activated his car's emergency equipment. Officer Martin Murphy testified that he is also a Chicago police officer. Defendant argues that his conviction for felony murder was improper because aggravated possession of a stolen motor vehicle (aggravated PSMV) is not a forcible felony under section 9-1(a)(3) of the Criminal Code of 1961 (Criminal Code) (720 ILCS 5/9-1(a)(3)(West 1996)). Golson was convicted of felony murder. of a firearm), Section 24-1.5 (reckless discharge of a firearm), Section 28-1 (gambling), 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. 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. Vogenthaler testified that the subject fled into a garage and was found and arrested. Fleeing and eluding may be charged as either a misdemeanor or a felony in Illinois, depending on the facts of the case. These questions could mean the difference between a charge of Fleeing and Aggravated Fleeing. Therefore, the trial court properly determined that, under the facts of this case, aggravated PSMV constituted a forcible felony under section 2-8. 926, 609 N.E.2d 294 (1993) (predicate felony of home invasion was a lesser included offense of felony murder requiring defendant's conviction and sentence for home invasion to be vacated); also see People v. Flores, 128 Ill.2d 66, 96, 131 Ill.Dec. For guidance on requesting an extension of time to file Form 1120ND for purposes 801, 686 N.E.2d 584 (1997). 93-120, eff. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. Brewton stated that the first man made it across the street but the second man was hit by a police car. I used a screwdriver to start the car. 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. When I saw the Markham Police car I knew I had to get out of there. This cookie is set by GDPR Cookie Consent plugin. or aircraft for purposes of this Article. For both fleeing and eluding and aggravated fleeing and eluding, the State must prove certain elements of the crime. https://codes.findlaw.com/il/chapter-720-criminal-offenses/il-st-sect-720-5-36-1.html, Read this complete Illinois Statutes Chapter 720. Your license will also be suspended, and subsequent violations would be upgraded to a Class 3 felony, which carries even stiffer penalties. My lawyer Kaitlyn was ama(). Officer Brogdon testified that on the evening of September 20, 1997, he was on duty as a patrol officer for the Harvey police department. The DDT Law Group represents clients throughout the greater Chicago area, including Cook, Dupage, and Lake counties. Cite this article: FindLaw.com - Illinois Statutes Chapter 625. As he continued east down 155th, Brogdon stated that he saw a male running northbound across 155th. may be forfeited to the spouse or family member and the title to the vehicle shall 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. If you're on the fence about whether you even need a lawyer for a traffic ticket, you do. The car Lil Moe gave me was stolen. By showing the court that the police officer was too far away for the visual or audible signal to be effective. The, can be steep. For further guidance regarding the definition of last known address, see 301.62122 of this chapter. 1-1-04. What does it mean to resist arrest or obstruct a peace officer? 95 1/2, par. When the charge is a felony, it is called aggravated fleeing or attempting to elude a peace officer. cause death or great bodily harm to that individual and as a result causes death or influence of alcohol, other drug or drugs, intoxicating compound or compounds, or People v. Payne, 359 Ill. 246, 194 N.E. 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. Dennis, 181 Ill.2d at 105, 229 Ill.Dec. 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. 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. Brogdon gave the suspect's physical description and direction of travel over the radio as the man was passing across the street. Whether the perpetrator intended to murder the victim during the course of the felony is irrelevant. (Emphasis omitted.) A high-speed police chase ensued. 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 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 A driver in DuPage County actually had his conviction for Aggravated Fleeing and Eluding. 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 See 625 ILCS 5/11-204. Aggravated fleeing or eluding is a class 4 felony offense in Illinois. (5) involves the concealing or altering of the vehicles registration plate or digital registration plate. The DDT Law Group represents clients throughout the greater Chicago area, including Cook, Dupage, and Lake counties. cause of the death or injuries; (C)the person committed a violation of driving under the influence of alcohol or Call or text us at 312-940-8330, or fill out our online contact form to speak to a traffic lawyer in Chicago. The provisions of this paragraph shall apply only to one forfeiture per vehicle. Class 4 felony. 860, 418 N.E.2d 880 (1981). Can the prosecutor prove that the defendant actually concealed or altered the vehicles registration plate? Perkins stated that the driver then exited the vehicle and began to flee eastbound down 98th Street on foot. The exact Illinois Revised Statute is: 625 ILCS 5/11-204.1. 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 However, a conviction will cause the defendants drivers license to be revoked. Whether you are charged with misdemeanor fleeing and eluding or a more serious felony aggravated fleeing and eluding offense, you are in danger of losing important freedoms. On appeal, defendant argued that the evidence did not support convictions for first-degree murder, but only supported convictions of reckless homicide. 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). in Section 6-205 of the Code. People v. Bailey, 311 Ill.App.3d 265, 268-69, 244 Ill.Dec. (9)(A)operating a watercraft under the influence of alcohol, other drug or drugs, In People v. Lowery, 178 Ill.2d 462, 467, 227 Ill.Dec. Aggravated Fleeing and Eluding charges can usually be reduced or completely dropped depending upon the specific facts. or combination thereof and was involved in an accident that resulted in death, great Code; 7 or. (3) Remit the amount of the properly estimated unpaid tax liability on or before the Generally, the State only needs to show the vehicle was used in the offense to win a forfeiture case. Copyright 2023, Thomson Reuters. This cookie is set by GDPR Cookie Consent plugin. permanent disability or disfigurement to another, when the violation was a proximate In addition, a The pertinent portions of defendant's statement read as follows: On Saturday, September 20th, 1997, I got a Chevy Caprice from Lil Moe. The order may be by siren, lights, hand signals, or verbal commands. (c) A third or subsequent violation of this Section is a Class 4 felony. For example, a second conviction will result in a year suspension of your drivers license. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. This charge is classified as a Class A Misdemeanor, which carries up to 364 days in jail and a $2,500, plus court costs. When an Aggravated Fleeing and Eluding charge is classified as a Class A The car then pulled back into the parking lot and struck a pole. Aggravated fleeing or attempting to elude a peace officer. At the close of all the evidence, the trial court found the defendant guilty of felony murder and sentenced him to 40 years' imprisonment. 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)). Proven Trial Attorney Handling The Toughest Cases, On Behalf of Fenbert & Associates | Mar 1, 2019 | DUI & Traffic Defense |. (b) Requirements. Criminal Offenses -1.Property subject to forfeiture on Westlaw, ABA Votes To Keep Admission Tests Requirement, The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. Contact us. 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. First-time offenders convicted of Fleeing (not aggravated) are given misdemeanors and their licenses are suspended for six months. aggravate possession of a stolen motor vehicle, involved violence or the use of physical force against any individual. Felony murder depends solely on a cause and effect relationship between the crime committed and the resulting murder to impose liability. They are able to formulate a strategic defense to increase the likelihood of you defeating the charge. While on 159th Street the speed of my car was about fifty miles per hour. WebLegal publisher offering ordinance codification services for local governments, specializing in providing codes of ordinances in print and on the Internet Aggravated Fleeing and Eluding that involves a second offense results in a license suspension of 12 months. Read more 397, 508 N.E.2d 708 (1987)). driver's license of the person so convicted, as provided in Section 6-205 of this What Qualifies as Forgery Under the Illinois Criminal Code? I don't know his last name or where he lives. Sec. Class 4 felony, So if youve been charged with fleeing or eluding, reach out to Brett and the team at Appelman Law today. 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. Brogdon testified that he later learned that the person he hit was Officer Sean Laura from the Markham police department. ), Someday soon well stop to ponder what on earths this spell were under., Love your Enemies, for they tell you your Faults.. and consent of the owner in the commission of or in the attempt to commit as defined Schedule a call with one of our experienced lawyers today. 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. 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. 11-1.20 (criminal sexual assault), Section 11-1.30 (aggravated criminal sexual assault),