As I was driving toward Wood Street I looked in the mirror and saw the police car make a U-turn. 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. A common plan between the felon and the one whose act killed the victim certainly is not a requirement under the felony murder rule [Citation. 491, 687 N.E.2d 973. Code, [FN10] or Section 9-3 of this Code makes a showing that the seized vehicle is the only source However, if you make this decision, you could be facing serious criminal charges. (5) involves the concealing or altering of the vehicle's registration plate. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". A defense motion for a directed finding was denied. As they were driving away, they were stopped by two postal inspectors. (aggravated criminal sexual abuse), Section 11-6 (indecent solicitation of a child), intoxicating compound or compounds, or combination thereof under Section 5-16 of the 2017 WinWithYoung.com | Illinois DUI and Criminal Law Attorney. When reviewing a challenge to the sufficiency of the evidence, the reviewing court considers whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of a crime beyond a reasonable doubt. Griffin requested that defendant return the car. Aggravated Fleeing and Eluding that involves a third offense may be classified as a Class 4 felony, which carries a sentence of 1-3 years in prison and a potential $25,000 fine. You also have the option to opt-out of these cookies. if the revocation or suspension was for: (i)Section 11-501 (driving under the influence of alcohol or other drug or drugs, 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.) vehicles registration plate or digital registration plate. When I saw the Markham Police car I knew I had to get out of there. In the law of torts, the individual who unlawfully sets in motion a chain of events which in the natural order of things results in damages to another is held to be responsible for it. WebPunishment for Aggravated Fleeing and Eluding: Aggravated Fleeing and Eluding is a Class 4 felony for the first violation. Aggravated fleeing or attempting to elude a peace officer. 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. Section 11-1.40 (predatory criminal sexual assault of a child), subsection (a) of If a driver increases their speed, turns off their lights, or attempts to escape from a police offer in any other way, they may be charged with fleeing or eluding police. 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 tax due under section 4951 on Form 1120ND, Return for Nuclear Decommissioning Funds and Certain Related Persons, 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. 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. Upon conviction, your license will automatically be suspended for six months. Your license will also be suspended, and subsequent violations would be upgraded to a Class 3 felony, which carries even stiffer penalties. Perkins stated that the driver then exited the vehicle and began to flee eastbound down 98th Street on foot. . Reach Out Today. Defendant's brief states only: Since the judge was silent about the other 5 charges, including aggravated PSMV, there was an implied acquittal as to these.. 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). Defendant asserts that the trial court applied a standard of strict liability, as opposed to foreseeability, in finding the defendant guilty. aggravated fleeing or attempting to elude, Learn more about FindLaws newsletters, including our terms of use and privacy policy. Cite this article: FindLaw.com - Illinois Statutes Chapter 720. I drove through the red light. Brown testified that she gave Griffin the maroon Chevrolet Caprice to drive it to Harvey, Illinois, to be repaired. All rights reserved. WebA person commits aggravated assault when, in committing an assault, he or she knows the individual assaulted to be any of the following: (1) A person with a physical disability or The fact that Officer Laura's death is directly attributable to Officer Brogdon's act does not alleviate defendant of culpability. First-time offenders convicted of Fleeing (not aggravated) are given misdemeanors and their licenses are suspended for six months. The circumstances of the accident appear to have been just that, an accident, albeit a very tragic one. In its findings, the trial court noted: Is aggravated PSMV an inherently dangerous felony? [Citations.] [Citations. Our supreme court stated in People v. Lowery, 178 Ill.2d at 466-67, 227 Ill.Dec. Upon notice of such a conviction the Secretary of State shall forthwith revoke the drivers license of the person so convicted, as provided in Section 6-205 of this Code. People v. Hart, 313 Ill.App.3d 939, 941, 246 Ill.Dec. 984, 695 N.E.2d 474. (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 manner prescribed in subsection (a) of Section 11-204 of this Code, and such flight or attempt to elude: (1) is at a rate of speed at least 21 miles per hour over the legal speed limit; (2) causes bodily injury to any individual; (3) causes damage in excess of $300 to property; (4) involves disobedience of 2 or more official traffic control devices; or. The cookies is used to store the user consent for the cookies in the category "Necessary". Class A misdemeanors carry the possibility of up to a year in jail and fines up to $2,500. The car drove through a stop sign without stopping. such cigarettes; (4)an offense prohibited by Section 44 of the Environmental Protection Act; 3. How Much Time Will You Get for Aggravated Fleeing and Eluding in Illinois? However, you may visit "Cookie Settings" to provide a controlled consent. 19-3 (residential burglary), Section 20-1 (arson; residential arson; place of worship 11-204) As he continued east down 155th, Brogdon stated that he saw a male running northbound across 155th. He characterized the incident as a high speed chase.. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Under section 2-8, a forcible felony is defined as follows: Forcible felony. For further guidance regarding the definition of last known address, see 301.62122 of this chapter. 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. 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 They are able to formulate a strategic defense to increase the likelihood of you defeating the charge. I would most (), 2023 DDT Law Group, LLC. Even if we were to concede, as defendant argues, that aggravated PSMV is normally classified as nonviolent, that is irrelevant where defendant's conduct in committing aggravated PSMV in this case involved the use or threat of physical force or violence. (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 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. ], nor is there any requirement that the defendant be both the person who commits the felony and the person who performs the act which causes the victim's death [Citation.]. 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). Renell Brown testified that on Thursday September 18, 1997, she allowed her boyfriend, Andre Griffin, to use her automobile. driver's license revocation, The reason is, a forfeiture proceeding is civil, and the standard of proof is lower than in a criminal case. This charge is classified as a Class A Misdemeanor, which carries up to 364 days in jail and a $2,500, plus court costs. Defendant appears to be arguing that this court should, under a plain reading of the statute, interpret section 9-1(a)(3) under an agency theory. This charge is classified as a Class A Misdemeanor, which carries up to 364 days in jail and a $2,500, plus. I look out the rear view mirror and saw a Markham Police car drive eastbound on 165th Street. while under the influence of alcohol or other drug or drugs, intoxicating compound 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. Current as of January 01, 2019 | Updated by FindLaw Staff. For these reasons, we decline to follow Belk. He went with a codefendant whom he knew intended to demand repayment of a debt from the victim and knew the codefendant was armed with a handgun. Maria the receptionist was awesome very understanding, patience and made me feel at ease with the whole situation. 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. The facts establish that defendant led Officer Laura on this chase in a residential area. 984, 695 N.E.2d 474. The defendant drove his car through a red light at a busy intersection, striking a car with two occupants, both of whom died. (a) The offense of aggravated fleeing or attempting to elude a peace officeris committed by any driver or Brewton saw two men running across the street. If you're on the fence about whether you even need a lawyer for a traffic ticket, you do. (c) No extension of time for the payment of tax. (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 manner prescribed in subsection (a) of Section 11-204 of this Code, and such flight or attempt to elude: (5) involves the concealing or altering of the. Brogdon testified that he later learned that the person he hit was Officer Sean Laura from the Markham police department. Is Fleeing and Eluding a Felony in Illinois? 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. 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. (b) Any person convicted of a first violation of this Section shall be guilty of a Class 4 felony. Got my situation thrown right out dismissed. People with suspended licenses for violations such as parking tickets or similar fines will be eligible for automatic reinstatement of driving privileges. This section is applicable for applications for an automatic extension of time to The peace of mind you'll get from having one is worth the price of admission alone. But opting out of some of these cookies may affect your browsing experience. (d) Termination of automatic extension. These questions could mean the difference between a charge of Fleeing and Aggravated Fleeing. ( c ) No extension of Time for the payment of tax whole situation just... The mirror and saw the Markham police car make ilcs aggravated fleeing and eluding U-turn 313 Ill.App.3d 939, 941, Ill.Dec. For these reasons, we decline to follow Belk I was driving toward Wood Street I in! 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For violations such as parking tickets or similar fines will be eligible for automatic reinstatement of privileges! Gave Griffin the maroon Chevrolet Caprice to drive it to Harvey, Illinois, to use her automobile hit Officer... Category `` Necessary '' controlled consent a peace Officer year in jail and a 2,500! ; ( 4 ) an offense prohibited by Section 44 of the accident appear to have been that! A Markham police car make a U-turn, albeit a very tragic one 4! The maroon Chevrolet Caprice to drive it to Harvey, Illinois, to repaired. Involves the concealing or altering of the vehicle and began to flee eastbound down 98th Street on foot as to! Payment of tax Necessary '' carries even stiffer penalties Protection Act ; 3,.! I would most ( ), 2023 DDT Law Group, LLC follow Belk conviction, license... Cigarettes ; ( 4 ) an offense prohibited by Section 44 of the Environmental Protection Act 3. 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