What might happen if you don’t stop when the police try to pull you over?
In Illinois, if a driver or operator of a vehicle fails to obey a police officer’s signal to stop it could lead to an arrest and increasingly serious criminal charges if certain conditions are met.
Fleeing or attempting to elude a peace officer is a Class A misdemeanor offense in Illinois, which could mean up to 364 days in jail and/or a $2500 fine. Additionally, a conviction for fleeing or attempting to elude will typically cause your driver’s license to be suspended for a period of not more than six months and not more than 12 months if it isn’t a first-time offense.
A third offense for fleeing or attempting to elude a peace officer can result in a Class Four felony punishable by 1-3 years in the Department of Corrections, up to a $25,000 fine, or up to 30 months of probation.
What must be proven to find you guilty of this traffic crime?
The Illinois vehicle code requires the following circumstances in order to be found guilty of fleeing or attempting to elude a peace officer:
- Defendant was driving or operating a motorized vehicle;
- A Peace officer gave the Defendant a visual or audible signal to bring the vehicle to a stop;
- The officer was uniformed and if in a vehicle, displayed illuminated, oscillating, rotating, or flashing red or blue lights, which when used with a horn or siren, would indicate it was a police vehicle;
- That the driver willfully failed or refused to obey the signal to stop or increased speed or extinguished the vehicle lights or otherwise tried to flee or attempted to elude the officer
Police must be in uniform and car must have police lights
Fleeing or attempting to elude a peace officer cases are highly fact specific and require the state to prove particular details of the situation in order to secure a guilty finding. Illinois law requires that the police officer be in a “police uniform” when the signal to stop is given to a driver. This could be the department’s standard issue uniform or simply a tactical vest with “police” markings and other equipment like a duty belt, badge, and exposed gun which would indicate the person is a peace officer. Additionally, if the officer is driving a car, it must be equipped with certain types of lights which when operating make it clear it is an official police vehicle.
Crime of eluding requires a willful refusal or failure to obey
Illinois law also considers whether the driver actually hears or sees the officer trying stop the car. A driver can only be found guilty for a “willful” failure or refusal to obey a signal from the officer. This requirement therefore allows a defense in situations where the driver is being forced to continue driving or if there is an emergency situation.
Failing to stop is only one way to get charged with fleeing or attempting to elude an officer. Once a uniformed officer with operating lights is trying to stop a car, the act of simply increasing the vehicle’s speed or turning off the vehicles lights could result in charges. Finally, the law incorporates a “catch-all” provision that allows the officer to essentially fill in the blank and charge someone with fleeing or attempting to elude based on specific behaviors and circumstances surrounding the event.
What is aggravated fleeing and eluding?
Unfortunately, the possibilities do not end there. If fleeing or attempting to elude includes an aggravating factor such as found in 625 ICLS 5/11-204.1, felony charges could result. Aggravated fleeing or attempting to elude a peace officer is charged when a fleeing or attempting to elude occurs while a driver:
- Goes over 21mph above the speed limit;
- causes bodily injury, whether minor or even serious injury / death;
- causes property damage over $300;
- disobeys (or disregards) two or more traffic control devices; or
- hides or changes their license plate.
If convicted of felony aggravated fleeing or attempting to elude, the consequences are quite serious. A first offense is a Class four felony punishable by 1-3 years in the Department of Corrections, up to a $25,000 fine, or up to 30 months of probation. A driver’s license will typically be revoked upon conviction. If convicted for a second or subsequent violation the punishment increases to a Class three felony punishable by 2-5 years in the Department of Corrections, up to a $25,000 fine, 30 months probation and revocation of the driver's license. Additionally, the vehicle used in the felony offenses can be subject to forfeiture. This means that the prosecuting agency can legally take ownership of the car and auction it later.
How do you avoid a charge of fleeing or attempting to elude an officer?
Stop your car! When an officer is trying pull your vehicle over it is best to pull over as quickly and as safely as possible. The Illinois Secretary of State provides some direction on this in their Quick Guide to Safe Driving. In summary, if there are emergency lights and/or sirens behind you:
- Reduce your speed and pull over to the right side of the roadway and the first available safe spot.
- Don’t stop in traffic or slam on the brakes. Avoid stopping on bridges or near walls, guardrails, or medians where it would be difficult for other vehicles to pass.
- If you’re unsure about whether the car behind you is actually a police officer, you should slow down below the speed limit and put on your hazard lights and either (1) stop at a well-lit and populated location, (2) go to a police station and get the attention of an uniformed police officer or (3) call 911 and explain that someone is trying to pull you over, but you are unsure of whether it is actually a police officer.
Speak to our experienced legal team at Mitchell S. Sexner & Associates LLC
Contact us to speak to a knowledgeable traffic attorney at Mitchell S. Sexner & Associates LLC for a free initial consultation at (312) 644-0444. Our attorneys have handled hundreds of such cases over more than 30 years in practice.