may be forfeited to the spouse or family member and the title to the vehicle shall (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section 11-501 of the Illinois Vehicle . 397, 508 N.E.2d 708 (1987)). (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. (5) involves the concealing or altering of the vehicles registration plate or digital registration plate. Defendant is, therefore, subject to the felony murder doctrine if the decedent's death is the direct and proximate result of the defendant's felony. Dekens, 182 Ill.2d at 252, 230 Ill.Dec. Contact us. 39, 760 N.E.2d 118. Aggravated fleeing or eluding is a class 4 felony offense in Illinois. All rights reserved. 316.027 and 316.061, relating to unlawfully leaving the scene of a crash, which the person had been in the course of Officer Martin Murphy testified that he is also a Chicago police officer. Also, it will result in the state subjecting your vehicle toseizure and forfeiture. The State's Attorney has shown me a picture of the car I got from Lil Moe, Exhibit One. was determined to have been under the influence of alcohol, other drug or drugs, intoxicating A third conviction may be classified as a Class 4 felony, which carries a sentence of 1-3 years in prison and a potential $25,000 fine. Any vehicle used in the commission of felony fleeing or attempting to elude can be seized by the state and sold at auction. or aircraft for purposes of this Article. forfeiture under the same procedures provided in this Article for the seizure and 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. under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, As the holdings in Hickman, Lowery and Dekens illustrate, it is irrelevant that Officer Brogdon's act caused the death. robbery), Section 19-1 (burglary), Section 19-2 (possession of burglary tools), Section 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 In todays blog, we take a closer look at the crime of fleeing or eluding police in Illinois, and how you can defend yourself against the charges. I stayed there for about ten minutes. Dekens, 182 Ill.2d at 252, 230 Ill.Dec. tax due under section 4951 on Form 1120ND, Return for Nuclear Decommissioning Funds and Certain Related Persons, This issue is waived by defendant's failure to object at sentencing or raise the issue in a posttrial motion. The car drove through a stop sign without stopping. The penalty can be up to 364 days in jail and the court can order And the State can cause the forfeiture of a vehicle for fleeing and eluding, even if it belongs to someone other than the defendant. Griffin stated that defendant had permission to use the car for only three hours; however, defendant never returned. (c) No extension of time for the payment of tax. 491, 687 N.E.2d 973. Terrorism Omnibus Prevention Act [FN11] may be seized and forfeited under this Article. 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. 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. What are the possible penalties? An automatic extension of time for filing a return granted under paragraph (a) of 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. under this section in accordance with paragraph (b) of this section. member to whom the vehicle was forfeited under the first forfeiture proceeding may Got my situation thrown right out dismissed. I reached out to Driver Defense Team and they were absolutely incredible and attentive to my case from start to finish. 729, 667 N.E.2d 1305. They further held that the robbery victim's actions were not an intervening cause or were merely coincidental where the victim's resistance was a direct response to the defendant's criminal acts and that resistance did not break the causal chain. Most Illinois traffic violations are assigned a certain number of points, such as 55 points for. If you have been charged with fleeing and eluding in Illinois or another traffic offense, we can help. 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. While on 159th Street the speed of my car was about fifty miles per hour. Defendant's one-sentence argument in this regard is unsupported by any cited case law. In this way, a skilled attorney can put together both factual and legal defenses to the serious charge of fleeing and eluding in Illinois. The defendant argued on appeal that his conviction for felony murder could not stand because aggravated possession of a stolen motor vehicle was neither a specified forcible felony nor a felony involving the use or threat of physical force or violence. The, can be steep. 1 if the vessel or watercraft, vehicle, or aircraft contains more than 10 cartons of 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. 809, 510 N.E.2d 877 (1987). WebFleeing or attempting to elude a peace officer. 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. Knapp stated that on September 21, 1997, defendant was arrested at approximately 7:30 p.m. After defendant was read his rights, defendant went with Knapp to show him the streets that he drove on in the pursuit from the previous day. People v. Brackett, 117 Ill.2d 170, 177, 109 Ill.Dec. A high-speed police chase ensued. Web(1) Aggravated unlawful use of a weapon is a Class 4 felony; a second or subsequent offense is a Class 2 felony for which the person shall be sentenced to a term of The DDT Law Group represents clients throughout the greater Chicago area, including Cook, Dupage, and Lake counties. Before I got to 159th and Wood I saw the police car had its emergency lights on. 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. Our supreme court has unequivocally held that Illinois follows the proximate cause theory of felony murder as opposed to the agency theory. compound or compounds, or combination thereof; (B) operating a watercraft under the 698, 503 N.E.2d 255 (1986), citing People v. Golson, 32 Ill.2d 398, 207 N.E.2d 68 (1965). Tagged as: Generally, for a first-time charge with no aggravating factors present, it will be charged as a Class A misdemeanor. Because aggravated PSMV is a lesser included offense of felony murder in this case, the included offense of aggravated PSMV will not support a separate conviction and sentence. ***In the case at bar,***the evidence does not support an inference that defendant contemplated violence or acted intentionally when his vehicle struck that of the victims. The Illinois Supreme Court held that the test to be applied in determining whether the felony murder doctrine is applicable is not whether the felony is normally classified as nonviolent, but whether, under the facts of a particular case, it is contemplated that violence might be necessary to enable the perpetrators to carry out their purpose. In addition, a 1 342, quoting Torcia, Wharton's Criminal Law 147 at 296-97 (15th ed.1994). For the foregoing reasons, we affirm the defendant's conviction and sentence. I was still traveling at about fifty miles per hour. Copyright 2023, Thomson Reuters. 984, 695 N.E.2d 474. [Citations. WebPunishment for Aggravated Fleeing and Eluding: Aggravated Fleeing and Eluding is a Class 4 felony for the first violation. to have been under the influence of alcohol, other drug or drugs, or intoxicating Sanders heard the sirens and observed the emergency lights flashing on the police car. compound or compounds, or combination thereof as an element of the offense or the At the close of all the evidence, the trial court found the defendant guilty of felony murder and sentenced him to 40 years' imprisonment. Coyne testified that he wrote out defendant's statement and reviewed the statement with the defendant. NOTE: The page below features additional content to discuss the effect of the SAFE-T Act (Public Act 101-0652). The defendant went to the victim's home to sell him cocaine. Necessary cookies are absolutely essential for the website to function properly. 737, 730 N.E.2d 1202 (2000). In this case defendant was sentenced to 40 years' imprisonment, clearly within the statutorily permitted range. 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. not covered by a liability insurance policy; (7)an offense described in subsection (g) of Section 6-303 of the Illinois Vehicle 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. 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). Once I got into the alley behind 155th Street I threw my marijuana to the ground. The circumstances of the accident appear to have been just that, an accident, albeit a very tragic one. Analytical cookies are used to understand how visitors interact with the website. 39, 760 N.E.2d 118 (2001). or compounds or any combination thereof) or a similar provision of a local ordinance, 2004-388. Chicago police officer Michel Vogenthaler testified that he responded to a radio dispatch of the chase involving Officer Perkins. He characterized the incident as a high speed chase.. 451, 661 N.E.2d 305 (1996). 491, 687 N.E.2d 973, the court held: [t]he intent of the legislature is an adherence to the proximate cause theory. He then called for assistance from an ambulance, a tow truck and his sergeant. Griffin stated that after the repairs were finished, he drove the car to a housing project on 154th Street in Harvey. I don't know his last name or where he lives. 984, 695 N.E.2d 474. Finally, defendant argues that the trial court's sentence of 40 years' imprisonment was excessive and constituted an abuse of discretion. Under section 2-8, a forcible felony is defined as follows: Forcible felony. 2023 LawServer Online, Inc. All rights reserved. The cookies is used to store the user consent for the cookies in the category "Necessary". In People v. Lee, 256 Ill.App.3d 856, 861, 194 Ill.Dec. 1-1-04. 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. I was going to drive the car and then get rid of it. 71-135; s. 1, ch. vehicles registration plate or digital registration plate. 89-282; s. 1, ch. the use of the vehicle for employment or family transportation purposes. (5)involves the concealing or altering of the vehicle's registration plate. Defendant made corrections to the statement and initialed and signed every page. Any motor vehicle involved in a violation of this section is deemed to be contraband, which may be seized by a law enforcement agency and is subject to forfeiture pursuant to ss. 11-204.1. 316.027 and 316.061, relating to unlawfully leaving the scene of a crash, which the person had been in the course of 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. I turned right on Wood. Officer Brogdon testified that on the evening of September 20, 1997, he was on duty as a patrol officer for the Harvey police department. of a firearm), Section 24-1.5 (reckless discharge of a firearm), Section 28-1 (gambling), See 625 ILCS 5/11-204: Any driver or operator of a motor vehicle who, having been given a visual or audible signal by a peace officer directing such driver or operator to bring his vehicle to a stop, willfully fails or refuses to obey such direction, increases his speed, extinguishes his lights, or otherwise flees or attempts to elude the officer. 720 ILCS Ann. 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. (e) Penalties. , fleeing and eluding a police officer is a serious criminal offense. subdivision (f)(2) or (f)(3) of Section 16-25 (retail theft), Section 18-2 (armed Can they prove that you caused the damage, or is it just assumed that the property was undamaged before the event in question? Section 11-1.40 (predatory criminal sexual assault of a child), subsection (a) of They are able to formulate a strategic defense to increase the likelihood of you defeating the charge. I drove through the red light. 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. For example, if the evidence showed that defendant deliberately rammed his car into that of the victims or any individual who was in the direct path of the vehicle, there would be no question that the predicate felony, i.e. Justice QUINN delivered the opinion of the court: The email address cannot be subscribed. The defense then rested without presenting evidence. I knew the police officer was no longer chasing me at that time.. The malice which plays a part in the commission of the felony is transferred by the law to the homicide. 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. Shown me a picture of the accident appear to have been just that, an accident, albeit very. A serious Criminal offense traffic violations are assigned a certain number of points, as! Person he hit was officer Sean Laura from the Markham police department opposed the. Statutorily permitted range at 252, 230 Ill.Dec v. Brackett, 117 Ill.2d 170,,... Also, it will be charged as a high speed chase.. 451, 661 305... Sean Laura from the Markham police department quoting Torcia, Wharton 's Criminal law 147 296-97... 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Foregoing reasons, we affirm the defendant 's statement and reviewed the statement and initialed and every. The speed of my car was about fifty miles per hour still traveling at about fifty miles hour...
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