Aggravated Fleeing and Eluding charges can usually be reduced or completely dropped depending upon the specific facts. Usually, these charges are filed when the arresting officer does not believe you stopped as quickly as you could or the arresting officer believes you drove onto side street to avoid him catching you.
I have represented individuals for over 23 years on this charge and I usually show that the police officer was too far away for the visual or audible signal to be effective. Therefore, my client’s actions do not rise to the level of fleeing and eluding.
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 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 and Eluding:
Aggravated Fleeing and Eluding is a Class 4 felony for the first violation and if it is the second or greater offense it becomes a Class 3 felony.
If a person is convicted of Aggravated Fleeing and Eluding, another punishment is having your driver’s license revoked by the Illinois Secretary of State along with your vehicle being subjected to seizure and forfeiture.
The exact Illinois Revised Statute is: 625 ILCS 5/11-204.1