If a police officer is attempting to pull you over and you do not pull over, then you risk being charged with Fleeing or Attempting to Elude a Police Officer. The officer will be attempting to pull you over after what he or she believes a crime has been committed. 625 ILCS 5/11-204 is the law regarding this offense. The law states that all drivers who have been given a visual or audible signal by a police officer in uniform to stop the car (pull over) willfully fails or refuses to obey those directions and either:
The signal given by the police officer can be given by:
However, the officer providing the signal must not only be in police uniform but if they are driving a vehicle, the vehicle must have bright flashing red or blue lights with an audible horn or siren. The law allows for amber or white lights to be used as well. This requirement would allow drivers to recognize that they are actually being directed by a police officer to pull over.
Being charged with fleeing and eluding is a class a misdemeanor. A misdemeanor fleeing and eluding is punishable by up to 1 year in jail and a fine of up to $2,500.00. A felony fleeing and eluding is called aggravated fleeing or attempting to elude and has more severe consequences such as being charged with a Class 4 or Class 3 felony. Examples of when someone can be charged with aggravated fleeing includes:
There are numerous consequences for a conviction fleeing and eluding in Illinois. One is that a conviction will result in a criminal record which can affect employment opportunities and college admissions. For non-citizens, a conviction of this offense can mean deportation proceedings. Another consequence is that a conviction will lead to a driver's license suspension by the Illinois Secretary of State. A first-time conviction for this offense will lead to a driver's license suspension of not more than 6 months. A second conviction for this offense will lead to a driver's license suspension of not more than 12 months. A third or subsequence violation becomes a felony.
Like any other offense, there may be possible defenses that you can raise. Some of the defenses can be:
If you feel like there are no appropriate defenses, a knowledge criminal defense attorney can always attempt to work out a favorable deal to avoid a criminal conviction and a possible driver's license suspension.
We can help you put on a defense to your fleeing and eluding charge or conclude this case with a favorable outcome. We will look at all of the facts and discovery to assess the case and decide what would be the best outcome for you. As an experienced criminal defense attorney, we are here to help. Contact our law firm to discuss your case.
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