Fleeing and Eluding
Fleeing or attempting to elude a peace officer.
The controlling Illinois Statute is 625 ILCS 5/11‑204(a) which provides:
“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, willfuly 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. The signal given by the peace officer may be by hand, voice, siren, red or blue light. 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. 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.
Fleeing and Eluding is a Class A misdemeanor with the normal range of penalties for a class A misdemeanor: up to 364 days in county jail, fines up to $2500, court supervision, conditional discharge or probation up to 24 months.
If you are convicted (straight conviction, conditional discharge or probation) the Illinois Secretary of State will suspend your driver’s license for a period of not more than 6 months for a first time offender and not more than 1 year for a second time offender.
Aggravated Fleeing and Eluding
The Illinois Statute here provides that you can be charged with Aggravated Fleeing and Eluding if in committing the above defined offense you do any of the following:
- Travel a rate of speed at least 21 miles per hour over the legal speed limit.
- Cause bodily injury to any individual.
- Cause damage in excess of $300 to property; or
- Disobey 2 or more official traffic control devices.
Aggravated Fleeing and Eluding in the State of Illinois is a Class 4 Felony. As such, it is punishable by up to 1-3 years in prison, a maximum fine of $25,000.00. Further, a third or subsequent violation of Fleeing and Eluding is also a Class 4 Felony.
Contact Defense Attorney David W. Lawler
The state treats all traffic offenses as very serious matters. At the Lawler Brown Law Firm we understand that our legal representation must tailor to your specific life situation. You should feel confident in knowing you hired the right Defense Attorney to best represent your specific needs. No attorney can guarantee the outcome of a case. But rest assured, I will fight to ensure the best possible resolution in your case. Contact our office today for a FREE consultation.
The Lawler Brown Law Firm has offices in Williamson County and Gallatin County to better serve ALL of southern Illinois.
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