Fleeing From Police in Illinois

 Posted on December 00, 0000 in Traffic violations

Fleeing from a police officer is one of the most serious traffic offenses in Illinois. If a police officer tries to pull you over but you do not cooperate, you could face jail time and suspension of your driver’s license, as well as a permanent mark on your criminal record.

Fleeing and Eluding

To convict a person of fleeing or attempting to elude a peace officer, the prosecution must show three things:

• That the offender was driving a motor vehicle;
• That the police officer gave the driver a visual or audible signal to bring the vehicle to a stop; and
• That the driver willfully failed to stop, increased speed, extinguished the car’s lights, or otherwise fled.

Willfully means that the prosecution must show that the fleeing was purposeful. If the driver fled or eluded the officer unintentionally, he or she cannot be convicted.

Additionally, the police officer must be in uniform. If the office is in a vehicle—marked or unmarked—he or she must use the oscillating lights and, if appropriate, the siren, because drivers sometimes may not always see the police car behind them.

Fleeing and eluding is a Class A misdemeanor, punishable by up to one year in prison, up to two years of probation, and a fine of up to $2,500. Additionally, the Secretary of State will suspend an offender’s driver’s license for up to six months. For a second offense, the license will be suspended for up to one year.

A third conviction for fleeing and eluding is a Class 4 felony, carrying penalties of one to three years in prison, up to 30 months of probation, and fine of up to $25,000.

Aggravated Fleeing and Eluding

Aggravated fleeing and eluding is a felony offense. It is committed when a driver commits fleeing and eluding, plus:

• The driver is going at least 21 miles per hour over the posted speed limit;
• The driver causes bodily injury to any person;
• The driver causes over $300 in property damage;
• The offense involves disobeying two or more official traffic control devices (e.g. a stop light or stop sign); or
• The offense involves concealment or alteration of the vehicle’s license plate.

Aggravated fleeing is a Class 4 felony, and the offender’s license will be revoked. Additionally, a conviction may result in the forfeiture of the vehicle used in the offense. A second or subsequent offense is a Class 3 felony, which substantially increases the possible penalties.

If you have been charged with fleeing and eluding or any other traffic violation, contact an experienced Elgin criminal defense attorney right away. Call The The Law Office of Brian J. Mirandola at 847-488-0889 for a free consultation today.

Sources:

http://www.illinoiscourts.gov/CircuitCourt/CriminalJuryInstructions/CRIM%2023.00.pdf

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-204

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-204.1