Charged with Fleeing and Eluding?
Attorney Michael Burke is a former prosecutor who now works exclusively on defense cases in criminal court. He regularly appears in criminal court court throughout Southern Illinois. Many people talk about fighting their charge & beating i but Attorney Burke can give you the information, advice, and legal representation you need in order to get the best possible outcome on your case. These cases can have serious consequences as you will see from the rest of the article.
What is Fleeing and Eluding?
Fleeing and Eluding is a criminal charge that the Driver of a vehicle is alleged to have been signaled by a peace officer to stop by the officer using his hands, voice, siren, or red and blue flashing lights, AND that the Driver willfully failed or refused to obey the officer, increased speed, extinguished head lights, or otherwise tried to escape or evade the police officer.
Misdemeanor Form of Fleeing and Eluding (625 ILCS 5/11-204)
A first or second conviction for fleeing and eluding is a class (a) misdemeanor. A class (a) misdemeanor is punishable by up to a year in jail and a fine up to $2,500. A third or subsequent conviction is a Class 4 Felony which is punishable by between 1-3 years in prison and a fine up to $25,000. Any conviction for fleeing and eluding will result in a mandatory suspension of a Driver’s license for up to 6 months on a first offense and up to 12 months for a second and subsequent offense.
Aggravated Fleeing and Eluding (625 ILCS 5/11-204.1)
Aggravated fleeing and Eluding is essentially the same thing as the misdemeanor version but the charge requires additional allegations that the Defendant:
- Fled at 21 miles per hour (MPH) or greater;
- Caused bodily injury to a person;
- Caused property damage in excess of $300;
- Disobeyed 2 or more traffic control devices;
- Concealed or altered the license plate.
A conviction for aggravated fleeing and eluding is a Class 4 felony which is punishable by between 1-3 years in prison and a fine up to $25,000. A second or subsequent conviction is a Class 3 felony which is punishable by between 2-5 years in prison and a fine up to $25,000. Any conviction for aggravated fleeing and eluding will result in a mandatory revocation of a Driver’s license and may result in the seizure and forfeiture of the vehicle used in the offense.
Fleeing and Eluding charges are often brought together with other charges. We are prepared to Defend clients in every case and may quote retainers for bulk work.
Call Today or Request a Consultation Online
Attorney Burke is ready to meet you and discuss your case during a consultation. Failure to retain appropriate counsel can have serious consequences. Call today to schedule a consultation!
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