What is Aggravated Fleeing and Eluding?
Aggravated Fleeing and Eluding charges can usually be reduced or completely dropped depending upon the specific facts. A person will receive these charges if they failed to stop when signaled to do so. Additionally, these charges occur when a person moves his or her car to avoid being seen.
Defenses for Aggravated Fleeing and Eluding:
- By showing the court that the police officer was too far away for the visual or audible signal to be effective.
- Proving that my client’s actions were not to hide; hence, they are not guilty.
- Establishing via cross examination that my client did not take evasive actions. Therefore, my client is not guilty.
How the law defines Aggravated and Eluding:
Aggravated Fleeing and Eluding is defined as “any driver or operator of a motor vehicle who flees or attempt to elude a peace officer, after being given a visual or audible signal by a peace officer and such flight or attempt to elude:
- Is at a rate of speed at least 21 mph over the legal speed limit;
- Causes bodily injury to any individual;
- Causes damage in excess of $300 to property;
- Involves disobedience of 2 or more official traffic control devices; or
- Involves the concealing or altering of the vehicle’s registration place.”
Punishment for Aggravated Fleeing and Eluding:
Aggravated Fleeing and Eluding is a Class 4 felony for the first violation. However, after a second or greater offense, it becomes a Class 3 felony.
A conviction for Aggravated Fleeing and Eluding results in a revoked driver’s license. Also, it will result in the state subjecting your vehicle to seizure and forfeiture.
The exact Illinois Revised Statute is: 625 ILCS 5/11-204.1
Now what should you do?
Prior to your court date, you need to hire an attorney to represent you. You can start by calling Attorney Young. You will receive a no-obligation, no-cost review of your case. During the review, you will receive Attorney Young’s thoughts about your case and a price.