A defense motion for a directed finding was denied. 506, 643 N.E.2d 797 (1994), our supreme court held [u]nder the felony murder rule a person may be convicted of felony murder even though he had no intent to and even if he did not personally kill the victim. The requisite intent for the offense of felony murder is the defendant's intent to commit the underlying felony. 11-204.1. Chicago police officer Michel Vogenthaler testified that he responded to a radio dispatch of the chase involving Officer Perkins. If you are charged with this crime, you could be sentenced to jail time and required to pay a steep fine. And the State can cause the forfeiture of a vehicle for fleeing and eluding, even if it belongs to someone other than the defendant. (aggravated discharge of a firearm), Section 24-1.2-5 (aggravated discharge of a machine 11-204. (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. The penalty can be up to 364 days in jail and the court can order the defendant to pay a fine of $2,500. 984, 695 N.E.2d 474. By clicking Accept All, you consent to the use of ALL the cookies. 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. The defendant, however, is eligible for probation. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. 5/9-1, Committee Comments-1961, at 12-13 (Smith-Hurd 1993). Lowery, 178 Ill.2d at 468, 227 Ill.Dec. Aggravated Fleeing and Eluding that involves a second offense results in a license suspension of 12 months. Next post: What is the legal definition of nolle prosequi? The process is called forfeiture. You also have the option to opt-out of these cookies. Dennis, 181 Ill.2d at 105, 229 Ill.Dec. It does not store any personal data. Cite this article: FindLaw.com - Illinois Statutes Chapter 720. The Illinois Vehicle Code defines aggravated fleeing or attempting to elude a peace office as when any driver of a vehicle flees or attempts to elude an officer after that officer has given a signal (visual or audible) for the operator to pull the vehicle over. The offense of fleeing or attempting to elude a peace officer is a Class A misdemeanor in Illinois. 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. Is Fleeing and Eluding a Felony in Illinois? This standard of review applies equally to bench trials. [Citations.] My lawyer Kaitlyn was ama(). This was a result of defendant's flight and was a direct and foreseeable consequence of defendant's original actions. The trial court properly convicted the defendant of felony murder only. 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. 8-16-19. 95 1/2, par. The car drove through a stop sign without stopping. Upon notice of such a conviction the Secretary of State shall forthwith revoke the 124, 762 N.E.2d 693 (2002), the appellate court affirmed defendant's conviction for felony murder predicated on the charge of armed violence based on unlawful possession of a controlled substance. intoxicating compound or compounds, or combination thereof under Section 5-16 of the Sec. (5) involves the concealing or altering of the vehicle's registration plate. 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. 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. revoked driver's license, Previous post: Important changes to Illinois retail theft laws. [Citation.] 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. 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. 39, 760 N.E.2d 118 (2001). 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. any other manner prescribed by the Commissioner; (2) File the application on or before the date prescribed for filing the return with The defendant drives more than 20 miles per hour over the speed limit; The defendant causes more than $300 in property damage; or, The defendant disregards two or more official traffic control devices (e.g., stop light, stop sign, etc. Aggravated Fleeing and Eluding charges can usually be reduced or completely dropped depending upon the specific facts. (1) Submit a complete application on Form 7004, Application for Automatic Extension Call or text us at. The pertinent facts of the case involve the events that occurred the evening of September 20, 1997. This goal is best achieved by looking to the plain meaning of the statutory language. ***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. Golson, 32 Ill.2d at 407-08, 207 N.E.2d 68. ), Obscuring or concealing your license plate. Schedule a call with one of our experienced lawyers today. Officer Brogdon testified that on the evening of September 20, 1997, he was on duty as a patrol officer for the Harvey police department. These cookies ensure basic functionalities and security features of the website, anonymously. The facts in this case establish that defendant led Officer Laura on a high-speed chase. 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McGonigal charged with concealing $225,000 in cash received from an outside source; arrested in New York, Man who disarmed Monterey Park shooter describes struggle in Alhambra, California, Marshals Report of Findings & Recommendations Jan. 19, 2023: Investigation of Leak of Draft Majority Opinion Dobbs v. Jackson Womens Health Org. People v. Guest, 115 Ill.2d 72, 101, 104 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.]. 95-148; s. 1, ch. www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-204, (625 ILCS 5/11-204) (from Ch. The Bureau of Identification is located in Joliet just to the southwest of Chicago. At the close of all the evidence, the trial court found the defendant guilty of felony murder and sentenced him to 40 years' imprisonment. 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. (aggravated criminal sexual abuse), Section 11-6 (indecent solicitation of a child), I then got out of the car and ran on foot. Causal relationship is a question of fact that should be left to the trier of fact. He characterized the incident as a high speed chase.. Brewton stated that the first man made it across the street but the second man was hit by a police car. 11-204) 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. Murphy stated that this was a residential street and the conditions that evening were snowy and icy. cause of the death or injuries; (C)the person committed a violation of driving under the influence of alcohol or 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. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Any person convicted of a second or subsequent violation of this Section shall be guilty of a Class 3 felony, and upon notice of such a conviction the Secretary of State shall forthwith revoke the drivers license of the person convicted, as provided in Section 6-205 of the Code. Robinson, 172 Ill.2d at 457, 217 Ill.Dec. subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful use of weapons), Section 24-1.2 or aircraft for purposes of this Article. All rights reserved. 491, 687 N.E.2d 973. Aggravated fleeing or attempting to elude a peace officer. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. 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. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Aggravated fleeing is a Class 4 felony, punishable by one to three years in jail, your license could be revoked and your car seized. Code. Aggravated fleeing or attempting to elude a peace officer. Brogdon testified that he was near the area so he proceeded to 159th and Ashland to give assistance to the Markham unit. 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. 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. Got my situation thrown right out dismissed. 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. Sanders testified that it appeared that the cars were traveling faster than the speed limit. The circumstances of the accident appear to have been just that, an accident, albeit a very tragic one. driver's license of the person so convicted, as provided in Section 6-205 of this [Citation. Needless to say, you shouldnt just plead guilty and hope for the best, because your license will be suspended. Perkins testified that the truck turned into a gas station parking lot, struck some cars in the lot, and then turned back onto Halsted. 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. (b)(1), (b)(2), (e)(1), (e)(2), (e)(3), (e)(4), (e)(5), (e)(6), or (e)(7) of Section Defendant initiated a chain of events when, while driving a stolen vehicle, he failed to stop for a signaling police officer. 491, 687 N.E.2d 973 (1997). We believe that the language in Belk, which focused on the defendant's lack of an intent to kill as grounds for reversal, is contrary to the legal precedent in Illinois addressing felony murder. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. See 20 ILCS 2630/5. 94-276; s. 896, ch. Griffin stated that defendant had permission to use the car for only three hours; however, defendant never returned. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. gun or a firearm equipped with a device designed or used for silencing the report When can police enter your home without a warrant? Generally, the State only needs to show the vehicle was used in the offense to win a forfeiture case. Weve successfully challenged many fleeing and eluding cases, and we know that its hard for police to prove your intentions, so dont just let them bully you into a conviction. Quality defense at a reasonable price. 2017 WinWithYoung.com | Illinois DUI and Criminal Law Attorney. Last Updated on Mar 1 2023, 5:51 pm CST. Fleeing or attempting to elude a peace officer is defined under section 11-204 of the Illinois Vehicle Code. I ran into the back yards. under this section in accordance with paragraph (b) of this section. (a) 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, wilfully fails or refuses to obey such direction, increases his speed, extinguishes his lights, or otherwise flees or attempts to elude the officer, is guilty of a Class A misdemeanor. 984, 695 N.E.2d 474, the decedent in the case was a cofelon, who was shot and killed by the victim of a robbery attempt. People v. Jeffrey, 94 Ill.App.3d 455, 460, 49 Ill.Dec. 491, 687 N.E.2d 973, the court held: [t]he intent of the legislature is an adherence to the proximate cause theory. 1 The primary goal in construing a statute is to ascertain and give effect to legislative intent. The audio tapes of the police chase reveal that, in Officer Laura's opinion, defendant was driving erratically. As he continued east down 155th, Brogdon stated that he saw a male running northbound across 155th. 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These cases are directly analogous to the case at bar. 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). 1. Vogenthaler testified that the subject fled into a garage and was found and arrested. Sanders testified that he heard sirens and saw a red Chevy being chased by a Markham police car. may be forfeited to the spouse or family member and the title to the vehicle shall 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. aggravate possession of a stolen motor vehicle, involved violence or the use of physical force against any individual. Copyright 2023, Thomson Reuters. 1 if the vessel or watercraft, vehicle, or aircraft contains more than 10 cartons of Murphy stated that the car continued two more blocks and crashed into some garbage cans, and the driver exited the car and fled. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". . Preventing a DUI from being upgraded to a Felony DUI. To prove aggravated PSMV, the State must prove that defendant: (1) operated a vehicle that he is not entitled to operate; (2) had knowledge that the vehicle is stolen; and (3) willfully failed to stop the vehicle after a peace officer displayed his lights and sirens. Contact us. 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. (g) of Section 6-303 of the Illinois Vehicle Code, a violation of subdivision (d)(1)(A), The crime of fleeing or eluding police is laid out in 625 ILCS 5/11-204, which states: 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, wilfully fails or refuses to obey such direction, increases his speed, extinguishes his lights, or otherwise flees or attempts to elude the officer, is guilty of a Class A misdemeanor.. vehicles registration plate or digital registration plate. 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. If you are charged with fleeing and eluding police, you will need a lawyer to help you protect your freedom and your license. The third offense is a Class 4 felony punishable by 1-3 years in the Department of Corrections and a fine of up to $25,000. Web28.8(c) Aggravated Fleeing or Eluding (Leaving a Crash Involving Damage to a Vehicle or Property then Causing Serious Bodily Injury or Death) 316.1935(4)(b) and 316.061, Fla. Stat. Tagged as: Act 9 shall be subject to seizure and forfeiture under the same procedures provided in Vogenthaler identified that subject in court as defendant. 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 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 Fleeing or attempting to elude a peace officer. 19-3 (residential burglary), Section 20-1 (arson; residential arson; place of worship 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. 5 Officer Andrew Lawler of the Rock Island Police Department testified that he was on However, a second conviction will result in a suspension for one year. Brogdon testified that he later learned that the person he hit was Officer Sean Laura from the Markham police department. will be allowed an automatic 6month extension of time to file the return after the The provisions of this paragraph shall apply only to one forfeiture per vehicle. 720 ILCS Ann. Suite 100 H (a) Any driver or operator of a motor vehicle who, having been given a visual or audible signal by a peace officer directing As the court stated in People v. Coady, 156 Ill.2d 531, 190 Ill.Dec. I was still traveling at about fifty miles per hour. Mr. Sanders additionally saw the chase, testifying that he saw flashing lights on the police car. influence of alcohol, other drug or drugs, intoxicating compound or compounds, or Consequently, felons are responsible for those deaths which occur during a felony and which are foreseeable consequences of their initial criminal acts. 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. Please try again. The court went on to state that the shot fired in opposition to the escape of the fleeing burglars was a direct and foreseeable consequence of defendant's actions. The trial court, in finding defendant guilty of felony murder, recognized that aggravated PSMV was not specifically enumerated under the statute. such cigarettes; (3)an offense prohibited by Section 28, 29, or 30 of the Cigarette Use Tax Act 2 if the vessel or watercraft, vehicle, or aircraft contains more than 10 cartons of 395, 564 N.E.2d 850 (1990)), or unless it is manifestly disproportionate to the nature of the offense. Because a conviction for aggravated fleeing or eluding can result in imprisonment, it is vital that you work with an experienced Illinois traffic violation attorney who can advocate for your rights and your freedom. That is not to say that it would never involve the use of physical force or violence. As such, it is punishable by up to 3 years in prison and a fine of up to $25,000. You may be charged with a more serious crime, aggravated fleeing, and eluding if one or more factors were involved in your case. 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 Illinois, drivers are required to stop their vehicle when ordered to do so by a police officer. personal injuries), or. Fleeing or attempting to elude a peace officer becomes a felony on the third offense. While monitoring his radio that evening, Brogdon heard a Markham police unit advise his department that he had a vehicle refusing to stop. Similarly, Officer Brogdon testified that he heard car engines revving and tires squealing in the area. 552, 692 N.E.2d 325. 99-248; s. 1, ch. or compounds or any combination thereof) or a similar provision of a local ordinance, Lil Moe was in the passenger seat. Both Tia Brewton and James Sanders testified that they heard sirens during the time of the police chase. Terrorism Omnibus Prevention Act [FN11] may be seized and forfeited under this Article. aggravated fleeing or attempting to elude, I was in the driver's seat. The peace of mind you'll get from having one is worth the price of admission alone. 729, 667 N.E.2d 1305. By showing the court that the police officer was too far away for the visual or audible signal to be effective. 2004-388. As our cases make clear, application of the felony-murder doctrine does not depend on the guilt or innocence of the person killed during the felony or the identity of the person whose acts causes the decedent's death. Dekens, 182 Ill.2d at 252, 230 Ill.Dec. driver's license revocation, 76-31; s. 4, ch. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 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. forfeiture, Reach Out Today. (Source: P.A. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Brown testified that she gave Griffin the maroon Chevrolet Caprice to drive it to Harvey, Illinois, to be repaired. (5) involves the concealing or altering of the vehicles registration plate or digital registration plate. Proving that my clients actions were not to hide; hence, they are not guilty. While on 159th Street the speed of my car was about fifty miles per hour. We are hard-pressed to say that the facts of this case present a situation where the perpetrators formulated a plan to kill anyone and everyone who got in their way in the event they had to escape. of Time to File Certain Business Income Tax, Information, and Other Returns, or in WebLegal publisher offering ordinance codification services for local governments, specializing in providing codes of ordinances in print and on the Internet Forfeiture ilcs aggravated fleeing and eluding | Illinois DUI and Criminal Law Attorney convicted, as provided Section... Be reduced or completely dropped depending upon the specific facts a complete application on Form 7004, for... Involving officer Perkins of visitors, bounce rate, traffic source, etc firearm! By these cases and Statutes, visit FindLaw 's learn about the Law and tires squealing in the seat! Basic functionalities and security features of the accident appear to have been just that, in finding defendant guilty felony. Opt-Out of these cookies help provide information on metrics the number of visitors, rate. Termsprivacydisclaimercookiesdo not Sell my information, Begin typing to search, use enter to select combination! [ FN11 ] may be seized and forfeited under this Section in accordance with paragraph ( b of. Addressed by these cases are directly analogous to the trier of fact that should be left the. You consent to the Markham unit he continued east down 155th, Brogdon stated this! Your freedom and your license will be suspended by looking to the southwest of chicago, Section 24-1.2-5 aggravated! Misdemeanor in Illinois retail theft laws 24-1.2-5 ( aggravated discharge of a machine.. To $ 25,000 radio dispatch of the case involve the events that occurred the evening of September 20 1997! Down 155th, Brogdon stated that defendant led officer Laura 's opinion, defendant never returned Law Attorney was fifty! Directly analogous to the plain meaning of the police chase DocName=062500050K11-204, 625! Bench trials 20, 1997 it would never involve the use of physical force against any individual snowy. Help you protect your freedom and your license a felony DUI question of fact defendant of. 32 Ill.2d at 252, 230 Ill.Dec steep fine article: FindLaw.com - Statutes! Chicago police officer Michel Vogenthaler testified that he was near the area he! Cookie is set by GDPR cookie consent to the use of physical force or violence best achieved by to. Charged with this crime, you shouldnt just plead guilty and hope for the visual or signal... To show the vehicle 's registration plate or digital registration plate never involve the events that occurred evening... Post: Important changes to Illinois retail theft laws rate, traffic,. Clients actions were not to hide ; hence, they are not guilty up 364. Pay a fine of up to 3 years in prison and a fine of up 3... Only needs to show the vehicle was used in the passenger seat 12 months to Illinois theft. Changes to Illinois retail theft laws or attempting to elude a peace is., 229 Ill.Dec on Form 7004, application for Automatic Extension Call text! Section in accordance with paragraph ( b ) of this [ Citation achieved looking. Dispatch of the Illinois vehicle Code and was found and arrested becomes a felony on the police car September... Traveling faster than the speed of my car was about fifty miles per hour conditions that evening were snowy icy... Three hours ; however, defendant was driving erratically physical force or violence street the... Cookies ensure basic functionalities and security features of the vehicle 's registration.. Was officer Sean Laura from the Markham police department will need a lawyer to help you protect freedom. Best, because your license will be suspended the offense of felony murder only to effective... Original actions visual or audible signal to be repaired conditions that evening were snowy and.. The passenger seat to 3 years in prison and a fine of $ 2,500 be left to southwest! The State only needs to show the vehicle 's registration plate defendant never returned and required to pay steep... ; however, defendant never returned on Form 7004, application for Automatic Extension Call or text at! Findlaw 's learn about the Law is defined under Section 5-16 of the Sec at. A second offense results in a license suspension of 12 months required to a! ) or a firearm equipped with a device designed or used for the! Updated on Mar 1 2023, 5:51 pm CST about fifty miles per hour, Ill.2d. Suspension of 12 months 455, 460, 49 Ill.Dec 5:51 pm.... The Markham unit these cases and Statutes, visit FindLaw 's learn about the legal concepts addressed by cases... Or the use of physical force or violence of fact that should be left to ilcs aggravated fleeing and eluding of... Finding was denied a misdemeanor in Illinois a machine 11-204 car was about fifty per! Is not to say that it appeared that the person so convicted, as provided Section... Last Updated on Mar 1 2023, 5:51 pm CST speed limit be up 364. Jail time and required to pay a fine of up to 3 years in prison and a fine of 2,500. Police officer was too far away for the cookies in the area depending upon the specific facts sign stopping. At 12-13 ( Smith-Hurd 1993 ) one source of free legal information and resources on the third.! Functionalities and security features of the vehicles registration plate the Law 6-205 of this [ Citation east down,! Required to pay a fine of up to 3 years in prison and a fine up. Police unit advise his department that he was near the area 105, 229 Ill.Dec hide! [ Citation is set by GDPR cookie consent to the case involve the use physical. Call with one of our experienced lawyers today ] may be seized and forfeited under this article: -. Criminal Law Attorney it to Harvey, Illinois, to be effective testifying... Learn more about FindLaws newsletters, including our terms of use and privacy policy a in... A complete application on Form 7004, application for Automatic Extension Call or text us at defendant... Directed finding was denied been just that, in finding defendant guilty of felony murder, recognized that aggravated was... Opinion, defendant was driving erratically fine of up to $ 25,000 free legal information and resources on police! 3 years in prison and a fine of up to 364 days in jail and conditions! My clients actions were not to hide ; hence, they are not guilty he had a vehicle to... Help provide information on metrics the number of visitors, bounce rate, traffic source, etc the.... Registration plate across 155th audio tapes of the chase, testifying that he a. Was about fifty miles per hour machine 11-204 legal information and resources on web. And arrested Extension Call or text us at the area so he proceeded to 159th and Ashland to assistance... Officer Perkins this was a direct and foreseeable consequence of defendant 's intent to commit the underlying felony discharge. The court can order the defendant to pay a fine of up to days... Question of fact that should be left to the southwest of chicago depending upon specific... Faster than the speed limit shouldnt just plead guilty and hope for the cookies in the category `` Functional.! Offense of fleeing or attempting to elude a peace officer 3 years in prison a. Was not specifically enumerated under the statute of mind you 'll get from having one worth! Guilty and hope for the visual or audible signal to be effective clients actions were not to,. Aggravated PSMV was not specifically enumerated under the statute the primary goal in construing statute! Begin typing to search, use arrow keys to navigate, use enter to select defendant... Be reduced or completely dropped depending upon the specific facts is to ascertain give! For a directed finding was denied the police chase reveal that, in finding defendant of. At 12-13 ( Smith-Hurd 1993 ) felony murder is the legal definition of nolle prosequi preventing DUI! Finding was denied lawyer to help you protect your freedom and your license will be.... 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