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.

Penalties

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:

  1. Travel a rate of speed at least 21 miles per hour over the legal speed limit.
  2. Cause bodily injury to any individual.
  3. Cause damage in excess of $300 to property; or
  4. Disobey 2 or more official traffic control devices.

Penalties

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.

Have questions? We can help!

Would you like to get in touch with us? Please fill out the short form below and we’ll contact you in a manner and at a time of your convenience.

Learn how our knowledge and experience can protect your business interests.

To learn more about our individualized services, click any of the following:

Mineral Rights in Oil and Gas: What You Need to Know

The traditional conception of real property ownership was that a landowner owned his plot of land along with a column of dirt down to the center of the earth and a column of air up to the sky. This conception no longer holds true. It is now common, especially in Southern Illinois, that when one purchases a piece of real property, the purchaser obtains title to the surface of the land, but not the column of dirt beneath it. Very often, the mineral rights to a piece of property have been severed, and the owner of the mineral rights has the authority to mine them. When mineral rights are severed in the conveyance of a piece of property, the severance creates two distinct and separate interests in the land—a surface estate and a mineral estate, either of which can be conveyed, devised, or leased. When this occurs, the owner of the surface estate is subservient to the owner of the mineral estate. This means that he may not interfere with the activities reasonably necessary to extract the minerals from underneath his land. While title to metallic minerals vests2 at the time of conveyance, title to oil and gas does not, due to the tendency of these types of minerals to move around under the earth. Rather, mineral rights in oil and gas do not vest until they are actually discovered. Thus, mineral rights to oil and gas are better conceived of as rights to exploration and, very often, they are mined pursuant to a mineral lease rather than outright ownership. These leases are subject to the same rules as...

When Can Your Neighbors Legally Take Your Land?

When Can Your Neighbors Legally Take Your Land? There is a concept in real estate law that is little known outside the legal world, whereby a trespasser can gain legal title to someone else’s land. The “trespasser” in these cases is usually a neighbor but, nonetheless, someone who does not own your property can become the legal owner by his use of it through a concept known as adverse possession. Claims of adverse possession are creatures of common law in Illinois, and require a showing of several elements. In order to legally take title to land, a person’s use and possession of the land must be: Hostile (against the right of the true owner and without permission) Actual (he or she exercises physical control over the property) Exclusive (In the possession of the trespasser alone and no one else) Open and notorious (the trespasser must use the property as the true owner would without hiding the occupancy) Continuous for a period of 20 years Adverse possession claims are especially common in rural areas (like most of Southern Illinois) as opposed to towns and cities because it is often more difficult to determine where one piece of property ends and another begins. Example of Adverse Possession Let’s take a look at how a hypothetical adverse possession case might play out. Assume there are two property owners—the Smiths and the Joneses—who own neighboring farms. Mr. Smith erects a barn that he believes is on his property, but is actually 15 feet over the property line on the Jones’s farm. Mr. Jones says nothing about this, and Mr. Smith uses this barn as...

Why You Should Never Resist Arrest

Resisting arrest is very common and occurs any time a person interferes with or obstructs an officer’s attempt to make a legal arrest. In Illinois, it is usually charged as a misdemeanor. However, if there is an injury to the arresting officer, the offense rises to a felony. The charge of resisting arrest is defined at 720 ILCS 5/31-1:1 “A person commits the crime of resisting arrest if they knowingly resist or obstruct the performance by a peace officer, firefighter, or correctional institution employee of any authorized act within his or her official capacity.” While the most classic examples of resisting arrest are fleeing from the scene or engaging the arresting officer physically, the statute is worded broadly and encompasses a wide variety of behaviors. For example, you can be arrested simply for refusing to put your hands behind your back, refusing to lay on the ground, refusing to put your hands on the squad car, or refusing to clear the scene of a crime when ordered to do so. Resisting arrest is also a difficult charge to escape; even if the underlying charge against the defendant is dropped, resisting arrest is an independent charge and will remain. Thus, it is not a defense to resisting arrest that the underlying charge was dismissed. Further, a conviction for resisting arrest can even lengthen a person’s sentence if they are ever convicted of a future offense. Possible punishment for resisting arrest is a Class A misdemeanor in Illinois and is punishable by up to one year in prison and up to a $2,500 fine. If the police officer is injured during the incident,...