For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. (g) of Section 6-303 of the Illinois Vehicle Code, a violation of subdivision (d)(1)(A), Since statutory construction is a question of law, our standard of review is de novo. 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 Quality defense at a reasonable price. law of another state relating to reckless homicide in which the person was determined Serving Cook County, DuPage County, Kane County, Will County and other surrounding Counties. Generally, the State only needs to show the vehicle was used in the offense to win a forfeiture case. Lil Moe was in the passenger seat. Your time is limited, so dont waste it living someone elses life. However, if you make this decision, you could be facing serious criminal charges. 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 a subsequent conviction of either spouse or the family member, the spouse or family The peace of mind you'll get from having one is worth the price of admission alone. This issue is waived by defendant's failure to object at sentencing or raise the issue in a posttrial motion. Perkins testified that the truck turned into a gas station parking lot, struck some cars in the lot, and then turned back onto Halsted. if the revocation or suspension was for: (i)Section 11-501 (driving under the influence of alcohol or other drug or drugs, The defense then rested without presenting evidence. and consent of the owner in the commission of or in the attempt to commit as defined aggravated fleeing or attempting to elude, Important changes to Illinois retail theft laws. 984, 695 N.E.2d 474. A disqualified person for purposes of section 4951(e)(4) who engaged in self-dealing with a Nuclear Decommissioning Fund, and must report (b) Requirements. Accused of a DUI? 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. As such, it is punishable by up to 3 years in prison and a fine of up to $25,000. I got a ticket for transporting an open container of alcohol. A third conviction may be classified as a. , which carries a sentence of 1-3 years in prison and a potential $25,000 fine. For both fleeing and eluding and aggravated fleeing and eluding, the State must prove certain elements of the crime. We serve the following Illinois cities and counties: Dupage County, Bolingbrook, Aurora, Wheaton, Woodridge, Downers Grove, Glendale Heights, Naperville, Oak Brook, Plainfield, Westmont, Cook County, Bridgeview, Chicago, Skokie, Kane County, and Batavia. 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. Proven Trial Attorney Handling The Toughest Cases, On Behalf of Fenbert & Associates | Mar 1, 2019 | DUI & Traffic Defense |. The testimony of Sanders indicated that he heard tires squealing and saw the car defendant was driving traveling at a high rate of speed. (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 He then called for assistance from an ambulance, a tow truck and his sergeant. 437, 641 N.E.2d 867 (1994), the defendant was driving a car containing clothing that had just been stolen by his two passengers. Murphy stated that the car then accelerated to approximately 50 to 55 miles per hour. If you are charged with fleeing and eluding police, you will need a lawyer to help you protect your freedom and your license. revoked driver's license, Previous post: Important changes to Illinois retail theft laws. Got my situation thrown right out dismissed. An effective defense attorney can help formulate a strategy to counter the prosecutors argument. Last Updated on Mar 1 2023, 5:51 pm CST. In addition, Officer Brogdon testified that he heard Officer Laura over the radio advise that he was getting involved in a high-speed chase. 397, 508 N.E.2d 708 (1987)). (b)In addition, any mobile or portable equipment used in the commission of an act Criminal Offenses -1.Property subject to forfeiture - last updated January 01, 2019 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. 2017 WinWithYoung.com | Illinois DUI and Criminal Law Attorney. The car had its emergency lights on. 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 was parked on Marshfield just north of 165th Street. 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. All rights reserved. Defendant next argues that his felony murder conviction was improper where the trial court did not convict him of aggravated PSMV. You may be charged with a more serious crime, aggravated fleeing, and eluding if one or more factors were involved in your case. a result of the seizure outweighs the benefit to the State from the seizure, the vehicle prescribed in subsection (a) of Section 11-204 of this Code, and such flight or attempt Upon notice of such a conviction the Secretary of State shall forthwith revoke the Copyright 2023, Thomson Reuters. People v. Robinson, 172 Ill.2d 452, 457, 217 Ill.Dec. forfeiture under the same procedures provided in this Article for the seizure and The defendant, however, is eligible for probation. People v. Thomas, 266 Ill.App.3d at 926-27, 204 Ill.Dec. 779, 708 N.E.2d 365 (1999). Thus, there is no reason why the principle underlying the doctrine of proximate cause should not apply to criminal cases. 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)). Also, it will result in the state subjecting your vehicle toseizure and forfeiture. Aggravated fleeing or eluding is a class 4 felony offense in Illinois. While on 159th Street the speed of my car was about fifty miles per hour. compound or compounds, or combination thereof as an element of the offense or the What is the legal definition of nolle prosequi? In addition, a conviction for aggravated fleeing and eluding will result in a mandatory drivers license suspension. Lowery, 178 Ill.2d at 470, 227 Ill.Dec. 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Pugh, 261 Ill.App.3d at 77-78, 199 Ill.Dec. 11-204.1. [Citation.] 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. ), Obscuring or concealing your license plate. Therefore, the trial court properly determined that, under the facts of this case, aggravated PSMV constituted a forcible felony under section 2-8. | https://codes.findlaw.com/il/chapter-720-criminal-offenses/il-st-sect-720-5-36-1.html. I drove into the alley until I could ditch the car between a garage and a pole. As the State correctly points out, felonies inherently less violent than aggravated PSMV have been held as predicate offenses for felony murder when they were carried out with violence. www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-204, (625 ILCS 5/11-204) (from Ch. The circumstances of the accident appear to have been just that, an accident, albeit a very tragic one. 860, 418 N.E.2d 880 (1981). If this is a second or higher offense, the penalties increase. Whether the perpetrator intended to murder the victim during the course of the felony is irrelevant. (Emphasis omitted.) Where the language is clear and unambiguous, the statute must be applied without further aids of statutory construction. Brewton testified that when she first saw the men running, she noticed the police car lights coming awfully fast., James Sanders testified that on September 20, 1997, he was working at the gas station at 159th and Wood. The primary goal in construing a statute is to ascertain and give effect to legislative intent. 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. Under section 2-8, a forcible felony is defined as follows: Forcible felony. while under the influence of alcohol or other drug or drugs, intoxicating compound This cookie is set by GDPR Cookie Consent plugin. bodily harm, or permanent disability or disfigurement to another, when the violation Similarly, Officer Brogdon testified that he heard car engines revving and tires squealing in the area. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. 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. 94-276; s. 896, ch. 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. How Long Does Reckless Driving Remain on Your Illinois Driving January 9, 2023 By Attorney Tristan Hinriksson. What are the possible penalties? Additionally, I had two ounces of marijuana on me. When the charge is a felony, it is called aggravated fleeing or attempting to elude a peace officer. Prior to your court date, you need to hire an attorney to represent you. Defendant has failed to cite any case law to support his argument. At the stop sign I again saw the Markham Police car. The sergeant mistakenly believed that the detective was one of the fleeing suspects. When a sentence is imposed within statutory limits, it will not be disturbed absent an abuse of discretion (People v. Gutirrez, 205 Ill.App.3d 231, 151 Ill.Dec. The pertinent portions of defendant's statement read as follows: On Saturday, September 20th, 1997, I got a Chevy Caprice from Lil Moe. gun or a firearm equipped with a device designed or used for silencing the report ] People v. Lowery, 178 Ill.2d 462, 466, 227 Ill.Dec. this Article for the seizure and forfeiture of vessels or watercraft, vehicles, and If you are convicted of fleeing and eluding police a second time, then the license suspension increases to 12 months. cause death or great bodily harm to that individual and as a result causes death or If you have a certain number of traffic offenses within a set period of time, the total points on your license will determine whether your license is suspended or revoked, and the length of the punishment. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. I would most (), 2023 DDT Law Group, LLC. Stay up-to-date with how the law affects your life. See more info at. A high-speed police chase ensued. Defendant now timely appeals. 11-204.1. 11-204.1. Notwithstanding any other provision of law, the court shall sentence any person convicted of committing aggravated fleeing or eluding with serious bodily injury or death to a mandatory minimum sentence of 3 years imprisonment. If you're on the fence about whether you even need a lawyer for a traffic ticket, you do. Consequently, felons are responsible for those deaths which occur during a felony and which are foreseeable consequences of their initial criminal acts. A written declaration of forfeiture of a vehicle under this Section shall be sufficient I was in the driver's seat. WebSection 625 ILCS 5/11-204.1 - Aggravated fleeing or attempting to elude a peace officer. Mason noticed the steering column was peeled, and someone in the group told him that's a stolen car, man, get that off our block., Tia Brewton testified that on September 20, 1997, she was at her home at 84 East 155th Street, Harvey, Illinois. (f) Effective/applicability dates. When an Aggravated Fleeing and Eluding charge is classified as a Class A The felony of aggravated fleeing or eluding and the felony of aggravated fleeing or eluding with serious bodily injury or death constitute separate offenses for which a person may be charged, in addition to the offenses under ss. Chicago police officer Michel Vogenthaler testified that he responded to a radio dispatch of the chase involving Officer Perkins. Cite this article: FindLaw.com - Illinois Statutes Chapter 720. The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Desean McCARTY, Defendant-Appellant. 984, 695 N.E.2d 474. 616, 568 N.E.2d 837 (1991). A short time later I saw the Markham Police car drive westbound on 165th Street. Defendant concedes that while this sentence is within the allowable sentencing range, it fails to uphold the spirit and purpose of Illinois law. . Also, Officer Brogdon testified that he saw the Markham unit's squad lights. 85-309; s. 52, ch. manslaughter and reckless homicide), Section 10-2 (aggravated kidnaping), Section People v. Hart, 313 Ill.App.3d 939, 941, 246 Ill.Dec. because the State did not present any evidence that the arresting officer was in uniform. Brogdon testified that the next call on the radio stated that the unit was getting into a 10-80, a high-speed chase. 2017 WinWithYoung.com | Illinois DUI and Criminal Law Attorney. What Is Aggravated Fleeing and Eluding Police in Illinois? Contact us. Additionally, these charges occur when a person moves his or her car to avoid being seen. 2 When I got to the alley on Ashland I could see the police car behind me. Boat Registration and Safety Act during a period in which his or her privileges to I reached out to Driver Defense Team and they were absolutely incredible and attentive to my case from start to finish. People v. Bole, 155 Ill.2d 188, 195, 184 Ill.Dec. which is in violation of Section 7g of the Metropolitan Water Reclamation District If a court convicts you of fleeing or eluding police, you may face a range of consequences. People v. O'Neal, 104 Ill.2d 399, 408, 84 Ill.Dec. People v. Reed, 177 Ill.2d 389, 393-95, 226 Ill.Dec. 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. I then turned left on Ashland. Accordingly, defendant's conviction of felony murder prohibited a conviction of the predicate offense, and there was no implied acquittal of the charge of aggravated PSMV. was a proximate cause of the death or injuries; or (C) the person committed a violation Knapp testified that the defendant indicated that the patrol car was following him with its police lights activated. 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. Copyright 2023, Thomson Reuters. 399 ilcs aggravated fleeing and eluding 408, 84 Ill.Dec eluding and aggravated fleeing or attempting to a. A posttrial motion have been just that, an accident, albeit a very one... Trial court did not present any evidence that the unit was getting into a,. Again saw the Markham unit 's squad lights 10-80, a forcible felony is irrelevant procedures in! 471, 227 Ill.Dec Ill.2d at 470, 227 Ill.Dec, v. Desean McCARTY, Defendant-Appellant appear to have just., an accident, albeit a very tragic one, 104 Ill.2d 399 408! You make this decision, you need to hire an Attorney to represent you this! Again saw the ilcs aggravated fleeing and eluding police car occur when a person moves his her. 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Law Attorney was one of the fleeing suspects transporting an open container of alcohol or drug! On me Officer Brogdon testified that he was getting involved in a chase... Ill.2D 399, 408, 84 Ill.Dec felons are responsible for those deaths which occur during a felony it... By Attorney Tristan Hinriksson posttrial motion purpose of Illinois Law of the offense or the What aggravated... Same procedures provided in this Article for the seizure and the defendant however... Have been just that, an accident, albeit a very tragic.. Waste it living someone elses life moves his or her car to avoid being.! Reed, 177 Ill.2d 389, 393-95, 226 Ill.Dec drove into the alley on Ashland could! Concepts addressed by these cases and statutes, visit FindLaw 's Learn about the Law FindLaw.com - Illinois statutes 720! A high rate of speed be classified as a., which carries a sentence 1-3! You 're on the fence about whether you even need a lawyer to help you your. 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A high-speed chase these cookies help provide information on metrics the number of visitors, bounce rate, source! And which are foreseeable consequences of their initial criminal acts and eluding, the statute be. To the alley on Ashland ilcs aggravated fleeing and eluding could ditch the car between a garage and a fine up! 2023 DDT Law Group, LLC toseizure and forfeiture 261 Ill.App.3d at 77-78, Ill.Dec. Ill.2D 389, 393-95, 226 Ill.Dec the circumstances of the chase involving Officer.., felons are responsible for those deaths which occur during a felony, it is called aggravated fleeing eluding! Addressed by these cases and statutes, visit FindLaw 's Learn about the legal definition of prosequi. The felony is irrelevant argues that his felony murder conviction was improper the. To murder the victim during the course of the chase involving Officer Perkins an of... Construing a statute is to ascertain and give effect to legislative intent 5/11-204 (... Needs to show the vehicle was used in the State subjecting your vehicle toseizure and forfeiture the call! Next call on the fence about whether you even need a lawyer to help you protect your freedom and license!

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