Fleeing and Eluding

What is Fleeing and Eluding? 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:

• Increases his or her speed, 
• Extinguishes his or her lights, 
• Or otherwise flees or attempts to elude the officer (this can be done by foot), is guilty of a class a misdemeanor. 

The signal given by the police officer can be given by:

•  a hand signal to pull over,
•  a voice signal to pull over,
• siren,
• red or blue light.

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:

• The driver disregarded two or more traffic control devices during the flee,
• The driver caused property damage during the flee in excess of $300.00,
• The driver caused bodily harm to another during the flee,
• The driver was driving more than 21 miles per hour over the speed limit during the flee, 
• The driver has two previous fleeing or attempting to elude convictions,
• The driver concealed or altered a license plate during the flee

Consequences of a Conviction

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. 

Defenses

Like any other offense, there may be possible defenses that you can raise. Some of the defenses can be:

• That the officer never provided a signal to pull over or stop your vehicle. An example could be no lights went on and no horn or siren went on as well to give the signal.  Evidence obtained during discovery may show that this is the case. The defense can be that without a signal, you were not expected to know to pull over. This can prove that you did not know that the officer was directing you to pull over and you lacked intent to commit this offense. 
• That the officer was not on police uniform when directing you to stop.
• That you were not driving the vehicle in question.
• That there was a necessity reason or emergency for you not to comply. 
• That you never increased your speed, extinguished your lights or fled or attempted to elude the police officer. 

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. 

Contact Us

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. We can be reached at (773) 657-4427.