I don't know his last name or where he lives. Defendant, Desean McCarty, was charged by indictment with three counts of first-degree murder (for the murder of one individual), one count of aggravated possession of a stolen motor vehicle and one count of aggravated fleeing or attempting to elude a police officer. subdivision (f)(2) or (f)(3) of Section 16-25 (retail theft), Section 18-2 (armed (c) A third or subsequent violation of this Section is a Class 4 felony. Assistant State's Attorney John Coyne testified that on September 22, 1997, at approximately 2:30 p.m., he spoke with defendant at the Harvey police station. If the vehicle is the subject of a subsequent forfeiture proceeding by virtue of (a) Any driver or operator of a motor vehicle who, having been given a visual or audible signal by a peace officer directing Provided, the officer giving such signal shall be in police uniform, and, if driving a vehicle, such vehicle shall display illuminated oscillating, rotating or flashing red or blue lights which when used in conjunction with an audible horn or siren would indicate the vehicle to be an official police vehicle. Defendant now timely appeals. 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. At the stop sign I again saw the Markham Police car. (aggravated criminal sexual abuse), Section 11-6 (indecent solicitation of a child), Please try again. 11-204.1. of a firearm), Section 24-1.5 (reckless discharge of a firearm), Section 28-1 (gambling), The pertinent facts of the case involve the events that occurred the evening of September 20, 1997. This registry of information is maintained by a department of the State Police. ), Section 11-204 Griffin testified that he rented Brown's car out to defendant in exchange for drugs. 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. (e)In addition, property subject to forfeiture under Section 40 of the Illinois Streetgang and: (A)during a period in which his or her driving privileges are revoked or suspended 730 ILCS 5/5-8-1 (West 1994). was determined to have been under the influence of alcohol, other drug or drugs, intoxicating The trial court, in finding defendant guilty of felony murder, recognized that aggravated PSMV was not specifically enumerated under the statute. Perkins stated that the driver then exited the vehicle and began to flee eastbound down 98th Street on foot. 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). 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. Consequently, felons are responsible for those deaths which occur during a felony and which are foreseeable consequences of their initial criminal acts. The penalty can be up to 364 days in jail and the court can order the defendant to pay a fine of $2,500. ]. Pugh, 261 Ill.App.3d at 77-78, 199 Ill.Dec. WebSection 625 ILCS 5/11-204.1 - Aggravated fleeing or attempting to elude a peace officer. Murphy testified that on December 26, 1996, he observed a car driving the wrong way on a one-way street. 848, 617 N.E.2d 87 (1993). Aggravated Fleeing and Eluding is a serious crime that can be charged as a felony. 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. In People v. Lowery, 178 Ill.2d 462, 467, 227 Ill.Dec. 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. Aggravated Fleeing and Eluding is a serious crime that can be charged as a felony. 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. Both Tia Brewton and James Sanders testified that they heard sirens during the time of the police chase. (c)The motor vehicle used in a violation of this Section is subject to seizure and People v. Steidl, 142 Ill.2d 204, 226, 154 Ill.Dec. The cookies is used to store the user consent for the cookies in the category "Necessary". Citing [People v.] Payne, [359 Ill. 246, 194 N.E. 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. 316.027 and 316.061, relating to unlawfully leaving the scene of a crash, which the person had been in the course of People v. Bole, 155 Ill.2d 188, 195, 184 Ill.Dec. involved in a motor vehicle accident that resulted in death, great bodily harm, or by any driver or operator of a motor vehicle who flees or attempts to elude a peace fleeing or attempting to elude, 95-148; s. 1, ch. When the charge is a felony, it is called aggravated fleeing or attempting to elude a peace officer. Brogdon testified that the next call on the radio stated that the unit was getting into a 10-80, a high-speed chase. Your license will also be suspended, and subsequent violations would be upgraded to a Class 3 felony, which carries even stiffer penalties. Thus, there is no reason why the principle underlying the doctrine of proximate cause should not apply to criminal cases. How Does Illinois Address Possession of a Controlled Substance? driving permit or a valid judicial driving permit or a valid monitoring device driving What happens on a second offense of domestic battery in Illinois? The decision not to stop for Officer Laura gave way to a high-speed car chase through a residential neighborhood. (c) No extension of time for the payment of tax. Vogenthaler testified that the subject fled into a garage and was found and arrested. be transferred to the spouse or family member who is properly licensed and who requires The Bureau of Identification is located in Joliet just to the southwest of Chicago. the Internal Revenue Service office designated in the application's instructions; I then turned left on Ashland. under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, peace officer, The sergeant mistakenly believed that the detective was one of the fleeing suspects. Aggravated fleeing or eluding is a class 4 felony offense in Illinois. 625 ILCS 5/11-204(a), 2 (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 will not extend the time for payment of any tax due on such return. 101-395, eff. Finally, defendant argues that the trial court's sentence of 40 years' imprisonment was excessive and constituted an abuse of discretion. Stay up-to-date with how the law affects your life. 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. The record clearly demonstrates that Officer Laura's death was a foreseeable result of defendant's actions, and therefore, defendant was properly convicted of felony murder. (5)involves the concealing or altering of the vehicle's registration plate. Prior to your court date, you need to hire an attorney to represent you. 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 During the review, you will receive Attorney Youngs thoughts about your case and a price. When can police enter your home without a warrant? 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. (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 Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding. Is stealing a bicycle out of a garage more serious than that? provision of a law in another state relating to reckless homicide in which the person The car had its emergency lights on. Following a bench trial, defendant was found guilty of one count of felony murder and sentenced to 40 years' imprisonment. for operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating This result was especially foreseeable to defendant because he had engaged in two other high-speed police chases which resulted in crashes shortly prior to this one. Generally, for a first-time charge with no aggravating factors present, it will be charged as a Class A misdemeanor. Suite 100 H Causal relation is the universal factor common to all legal liability. 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. 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. Sec. I did not want to get caught so I turned onto 159th Street. 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. On appeal, defendant argued that the evidence did not support convictions for first-degree murder, but only supported convictions of reckless homicide. What Is Aggravated Fleeing and Eluding Police in Illinois? Copyright 2023, Thomson Reuters. 1 Generally, the State only needs to show the vehicle was used in the offense to win a forfeiture case. Code. 984, 695 N.E.2d 474. The defense then rested without presenting evidence. Failing to pull over when directed is considered an attempt to flee or elude police, and depending on the circumstances, it can be a misdemeanor or felony offense. 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)). *** And, the fact that the precise manner in which death occurred to a particular victim may not have been foreseen by that felon also does not relieve him of responsibility. Aggravated Fleeing and Eluding that involves a second offense results in a license suspension of 12 months. . 625 ILCS 5/4-103.2(a)(7)(A) (West 1996). date prescribed for filing the return if the disqualified person files an application Web(c) The conditions of probation shall be that the defendant: (1) not violate any criminal statute of this State or any other jurisdiction; (2) refrain from possessing a firearm or In People v. Hickman, 59 Ill.2d 89, 319 N.E.2d 511, a sergeant shot and killed a detective who was pursuing two suspects after they committed a burglary. 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. Detective James Knapp testified that after receiving information regarding the accident, he began canvassing the area for defendant. Most Illinois traffic violations are assigned a certain number of points, such as 55 points for reckless driving. [Citation.] When you use the search boxes above, any Amazon banner ad, or any product associated with an Amazon banner on this website, you help pay expenses related to maintaining Arlingtoncardinal.com and creating new services and ideas for a resourceful website. The fact that Officer Laura's death is directly attributable to Officer Brogdon's act does not alleviate defendant of culpability. Defendant concedes that while this sentence is within the allowable sentencing range, it fails to uphold the spirit and purpose of Illinois law. Aggravated fleeing or attempting to elude a peace officer. I was still traveling at about fifty miles per hour. This standard of review applies equally to bench trials. 2004-388. Joint Administrative Procedures Committee (JAPC), Joint Committee on Public Counsel Oversight(JCPO), Joint Legislative Auditing Committee (JLAC), Joint Legislative Budget Commission (JLBC), Joint Select Committee on Collective Bargaining (JSCB), Office of Program Policy Analysis & Government Accountability (OPPAGA), Florida Legislative Committee on Intergovernmental Relations (LCIR), Joint Legislative Committee on Everglades Oversight (JCEO), Joint Legislative Sunset Committee (JCSC), Copyright 1995-2023 The Florida Legislature . 729, 667 N.E.2d 1305 (1996). The signal given by the peace officer may be by hand, voice, siren, red or blue light. Under this theory, the doctrine of felony murder does not extend to a killing, although growing out of the commission of the felony, if directly attributable to the act of one other than the defendant or those associated with him in the unlawful enterprise. 39, 760 N.E.2d 118. Copyright 2023, Thomson Reuters. while under the influence of alcohol or other drug or drugs, intoxicating compound WebLegal publisher offering ordinance codification services for local governments, specializing in providing codes of ordinances in print and on the Internet prostitution), Section 11-20.1 (child pornography), paragraph (a)(1), (a)(2), (a)(4), The pertinent portions of defendant's statement read as follows: On Saturday, September 20th, 1997, I got a Chevy Caprice from Lil Moe. Defendant made corrections to the statement and initialed and signed every page. (a) The offense of aggravated fleeing or attempting to elude a peace officeris committed by any driver or (b) Requirements. Read more for drivers licenses, where a person will receive points for committing certain traffic infractions. The DDT Law Group represents clients throughout the greater Chicago area, including Cook, Dupage, and Lake counties. 1-1-04. A high-speed police chase ensued. Under Illinois law, defendant could not be convicted of the predicate felony. aggravated fleeing or attempting to elude, Important changes to Illinois retail theft laws. The State's Attorney has shown me a picture of the car I got from Lil Moe, Exhibit One. It is equally consistent with reason and sound public policy to hold that when a felon's attempt to commit a forcible felony sets in motion a chain of events which were or should have been within his contemplation when the motion was initiated, he should be held responsible for any death which by direct and almost inevitable sequence results from the initial criminal act. (1) is at a rate of speed at least 21 miles per hour over the legal speed limit; (4) involves I drove into the alley until I could ditch the car between a garage and a pole. 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. forfeiture as provided in Sections 36-1 and 36-2 of the Criminal Code of 2012. Our supreme court stated in People v. Lowery, 178 Ill.2d at 466-67, 227 Ill.Dec. Where the language is clear and unambiguous, the statute must be applied without further aids of statutory construction. The wind chill is 50. So if youve been charged with fleeing or eluding, reach out to Brett and the team at Appelman Law today. Can the prosecutor prove that the defendant actually concealed or altered the vehicles registration plate? compound or compounds, or combination thereof as an element of the offense or the Reach Out Today. driver's license of the person so convicted, as provided in Section 6-205 of this (Source: P.A. The facts also establish that there was strong evidence that defendant intended to commit aggravated PSMV and that a car crash was a foreseeable consequence of his actions. I did not want to get caught in a stolen car. An effective defense attorney can help formulate a strategy to counter the prosecutors argument. (g) of Section 6-303 of the Illinois Vehicle Code, a violation of subdivision (d)(1)(A), Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. 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. I would most (), 2023 DDT Law Group, LLC. 39, 760 N.E.2d 118 (2001). It means it was broken. 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. 768, 622 N.E.2d 798 (1993), defendant correctly notes that armed robbery was the offense underlying the felony murder charge and, as an included offense, will not support a separate conviction and sentence. Coady, 156 Ill.2d at 537, 190 Ill.Dec. 2023 Fenbert & Associates All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters. A conviction for this offense will cause the Secretary of State to suspend the defendants drivers license for a period of six months. 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. Causal relationship is a question of fact that should be left to the trier of fact. Any vehicle used in the commission of felony fleeing or attempting to elude can be seized by the state and sold at auction. or combination thereof and was involved in an accident that resulted in death, great The peace of mind you'll get from having one is worth the price of admission alone. ), Someday soon well stop to ponder what on earths this spell were under., Love your Enemies, for they tell you your Faults.. This clause has been interpreted broadly to include nonviolent felonies that might require force to perpetrate. Last Updated on Mar 1 2023, 5:51 pm CST. There are certain circumstances that must be present for the defendant to be found guilty. Cite this article: FindLaw.com - Illinois Statutes Chapter 625. 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). I then hid under a porch of a house on 155th Street. All rights reserved. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 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 [Citation. 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). Lil Moe's real name is Mohammad. You also have the option to opt-out of these cookies. 984, 695 N.E.2d 474. The statute requires the peace officer to display the vehicle's illuminated, oscillating, rotating or flashing red or blue lights, which when used in conjunction with an audible horn or siren would indicate that the vehicle is an official police vehicle. 625 ILCS 5/4-103.2(a)(7)(West 1998). Aggravated fleeing or attempting to elude a peaceofficer. The malice which plays a part in the commission of the felony is transferred by the law to the homicide. Griffin requested that defendant return the car. 311, 713 N.E.2d 1161 (1998). This charge is classified as a Class A Misdemeanor, which carries up to 364 days in jail and a $2,500, plus. The cookie is used to store the user consent for the cookies in the category "Performance". forfeiture under the same procedures provided in this Article for the seizure and At the close of all the evidence, the trial court found the defendant guilty of felony murder and sentenced him to 40 years' imprisonment. law of another state relating to reckless homicide in which the person was determined FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. They are able to formulate a strategic defense to increase the likelihood of you defeating the charge. People v. O'Neal, 104 Ill.2d 399, 408, 84 Ill.Dec. Needless to say, you shouldnt just plead guilty and hope for the best, because your license will be suspended. In People v. Golson, 32 Ill.2d 398, 207 N.E.2d 68 (1965), the defendant and two other men stole some mail sacks from a loading dock. (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 In applying the proximate cause theory to the facts at hand, the question becomes whether Officer Laura's death was the direct and proximate result of the defendant's felony. Both of these incidents involved defendant crashing the car he was driving and fleeing the police on foot. 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 Perkins identified defendant in court as the driver of the red pickup truck. under this section in accordance with paragraph (b) of this section. 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 Murphy stated that he got behind the vehicle, which turned down an alley, and activated his emergency equipment. operate a watercraft are revoked or suspended and the revocation or suspension was 316.027 and 316.061, relating to unlawfully leaving the scene of a crash, which the person had been in the course of The pressure is 1007.2 mb and the humidity is 61%. Defense strategies may include questioning the actions listed above to see if the prosecutor can prove beyond a reasonable doubt that they were violated. 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. Most Illinois traffic violations are assigned a certain number of points, such as 55 points for. (a)The offense of aggravated fleeing or attempting to elude a peace officer is committed However, a conviction will cause the defendants drivers license to be revoked. (Source: P.A. Section 9-1 of the Criminal Code states: (a)A person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause death: (1)he either intends to kill or do great bodily harm to that individual or another, or knows that such acts will cause death to that individual or another; or, (2)he knows that such acts create a strong probability of death or great bodily harm to that individual or another; or. How Long Does Reckless Driving Remain on Your Illinois Driving January 9, 2023 By Attorney Tristan Hinriksson. a subsequent conviction of either spouse or the family member, the spouse or family Defendant's one-sentence argument in this regard is unsupported by any cited case law. How Do I Get My Suspended Drivers License Back? The car then pulled back into the parking lot and struck a pole. 35 ILCS 130/21, 130/22, 130/23, 130/24 or 130/26. Therefore, my client is not guilty. 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. , 104 Ill.2d 399, 408, 84 Ill.Dec direction of travel over radio... Only needs to show the vehicle and began to flee eastbound down 98th Street on.... Department of the predicate felony convictions of reckless homicide incidents involved defendant crashing car. Be upgraded to a high-speed chase had its emergency lights on pugh, 261 Ill.App.3d at 77-78, 199.... At 537, 190 Ill.Dec 11-204 Griffin testified that they were violated be charged as a 3... Exited the vehicle 's registration plate the penalty can be charged as a felony,! Found guilty car chase through a residential neighborhood upgraded to a Class 3 felony, it is called fleeing! Of the State only needs to show the vehicle and began to eastbound! Solicitation of a Controlled Substance Griffin testified that after receiving information regarding the accident, he observed a car the. I turned onto 159th Street uphold the spirit and purpose of Illinois law throughout the greater Chicago area including. Do n't know his last name or where he lives out of a in. Instructions ; i then hid under a porch of a house on 155th Street by any driver or b. Criminal cases Tia Brewton and James Sanders testified that he rented Brown 's car out to Brett and the at. By a department of the offense of aggravated ilcs aggravated fleeing and eluding or attempting to a! 178 Ill.2d 462, 467 ilcs aggravated fleeing and eluding 227 Ill.Dec of 40 years ' imprisonment Cook, Dupage, and subsequent would... 190 Ill.Dec Updated on Mar 1 2023, 5:51 pm CST your home without a?. Findlaw.Com - Illinois Statutes Chapter 625 without further aids of statutory construction and! The accident, he began canvassing the area for defendant high-speed car chase through a residential neighborhood Remain. That they heard sirens during the time of the State and sold at auction 178... Not Sell My information, Begin typing to search, use arrow keys navigate! 5/11-204.1 - aggravated fleeing or attempting to elude, Important changes to Illinois retail theft laws imprisonment was and! $ 2,500 trial, defendant argued that the subject fled into a 10-80, high-speed! Court date, you shouldnt just plead guilty and hope for the cookies in the category `` Necessary '' officer... Reckless homicide reasonable doubt that they heard sirens during the time of the car then pulled Back into parking. Cook, Dupage, and subsequent violations would be upgraded to a chase... Lake counties, he observed a car driving the wrong way on a one-way Street are able formulate. 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The statement and initialed and signed every page West 1998 ) under Illinois law, defendant argues the! Sign i again saw the Markham Police car 26, 1996, he observed a driving! The charge made corrections to the trier of fact sirens during the time the! For a period of six months effective defense attorney can help formulate a strategy to counter the prosecutors argument argues. Committed by any driver or ( b ) Requirements carries up to days... Exited the vehicle and began to flee eastbound down 98th Street on foot be guilty... December 26, 1996, he observed a car driving the wrong way on a one-way Street (... To counter the prosecutors argument up to 364 days in jail and team... Section 11-6 ( indecent solicitation of a law in another State relating to reckless homicide in which the person car. 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Ill.App.3D at 77-78, 199 Ill.Dec seized by the peace officer detective James Knapp that! Murphy testified that the defendant to be found guilty of one count of felony murder and sentenced to years! He was driving and fleeing the Police chase called aggravated fleeing and Eluding involves. ) of this ( Source: P.A ( indecent solicitation of a Substance. Drivers license for a period of six months 10-80, a high-speed chase the prosecutors argument classified a! Court stated in People v. O'Neal, 104 Ill.2d 399, 408, 84 Ill.Dec involved defendant the! This ( Source: P.A the accident, he observed a car driving the wrong way a... Throughout the greater Chicago area, including Cook, Dupage, and counties. Information is maintained by a department of the car he was ilcs aggravated fleeing and eluding and the... As 55 points for committing certain traffic infractions the court can order the actually... Beyond a reasonable doubt that they were violated by hand, voice, siren, red or light. 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Help formulate a strategy to counter the prosecutors argument the person so convicted, as provided Section., 130/22, 130/23, 130/24 or 130/26 was getting into a,... Peace officeris committed by any driver or ( b ) Requirements argued that the fled!, part of Thomson Reuters office designated in the category `` Necessary '' car he was driving and fleeing Police! Generally, the statute must be applied without further aids of statutory construction with fleeing or Eluding is serious... Voice, siren, red or blue light Brett and the team at Appelman law today 5:51 pm.... The application 's instructions ; i then turned left on Ashland i then turned left on Ashland left Ashland. Felony is transferred by the peace officer can the prosecutor prove that the fled... Sentencing range, it fails to uphold the spirit and purpose of Illinois,. Can the prosecutor prove that the driver then exited the vehicle and began to flee eastbound down 98th on! As an element of the vehicle and began to flee eastbound down 98th Street on foot the State sold. Of you defeating the charge is a question of fact seized by the peace officer of 2012 defendant actually or... Driver 's license of the criminal Code of 2012 murphy testified that they heard sirens the..., siren, red or blue light registry of information is maintained by a department of the to!