The crimes of fleeing and eluding, and also aggravated fleeing and eluding, are more than just traffic tickets. They are serious criminal charges that can be difficult to navigate for a defendant.
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, willfully 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.
The penalty for fleeing and eluding is a Class A misdemeanor, with the normal range of penalties for a Class A Misdemeanor up to 364 days in jail, a fine up to $2,500, court supervision/conditional discharge/probation up to 24 months. If you are convicted, the Illinois Secretary of State will suspend your driver’s license for a period of time not more than six months for a first time offense, and not more than one year for a second time offender.
This charge can be increased to aggravated fleeing and eluding if you commit the above listed offense and you also do one of the following:
- Travel a rate of speed at least 21 miles per hour over the legal speed limit
- Cause bodily injury to any invididual
- Cause damage in excess of $300 to property
- Disobey 2 or more official traffic control devices
The penalty for aggravated fleeing and eluding is a class 4 felony. Thus, it is punishable by up to one to three years in prison and a maximum fine of $25,000 Additionally, a third violation of fleeing and eluding is also a class 4 felony.
In all fleeing and eluding defense cases, it is important to contact a skilled defense lawyer. To obtain quality legal representation in Rockford, Illinois, and the surrounding area contact the Law Office of Paul M. Marriett for a free consultation. To see what options are available to you, call us at (815) 391-0089, or email our office.