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A fleeing and eluding charge in Illinois: what you need to know

Understand the fleeing and eluding laws in Illinois, the penalties involved, and how a traffic attorney can help build you a defense.

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A fleeing and eluding charge in Illinois: what you need to know

Understand the fleeing and eluding laws in Illinois, the penalties involved, and how a traffic attorney can help build you a defense.

If you’ve recently been involved in a traffic accident or ticket violation, you might see the flashing lights of a police car in your rearview mirror. If you do, you must pull over to the side of the road and wait.

Failing to stop can result in a fleeing and eluding charge and serious criminal consequences. Either charge means you’ll need an Illinois fleeing and eluding attorney to access your options. Our legal team works hard to help each of our clients achieve the best possible outcome for their case.

What is fleeing and eluding in Illinois?

Under Illinois Law (see 625 ILCS 5/11-204), fleeing and eluding is when you fail to stop after being ordered to do so by the police. 

In Illinois, drivers are legally required to stop their vehicles when signaled by a police officer. Signals may include:

  • Sirens
  • Flashing lights
  • Hand gestures
  • Verbal commands.

You could be stopped for several reasons, including speeding or improper lane usage. If a driver is asked to stop but turns off their lights, speeds up, or attempts to escape in any other way, they may face a fleeing and eluding charge.

It’s a criminal charge for failing to stop when directed by a police officer. Penalties range from fines and license suspension for first offenses to Class 4 felony charges with jail time for aggravated or repeat offenses.

What are the penalties for a fleeing and eluding charge in Illinois?

If a court convicts you of fleeing or eluding the police, you may face a range of consequences. The penalties for this offense can be steep.

This charge is classified as a Class A misdemeanor. First-time offenders will face the following penalties:

If you are convicted of a fleeing and eluding charge for a second or third time, these penalties and fines could increase even further:

Second conviction:

  • 12-month license suspension
  • Fines and length of jail term remain the same.

Third conviction:

  • Could be classified as a Class 4 felony
  • Between one and three years in jail 
  • Up to a $25,000 fine.

Is fleeing and eluding a felony in Illinois?

Fleeing and eluding may be charged as either a misdemeanor or a felony in Illinois, depending on the facts of the case. 

Generally, a first offense with no aggravating factors present is charged as a Class A misdemeanor. Repeat offenses or situations where aggravating factors (such as excessive speed or causing injury) are present may be charged as Class 4 felonies.

What is aggravated fleeing and eluding under Illinois law?

An aggravated fleeing and eluding (see 625 ILCS 5/11-204.1) charge carries much more serious consequences and will see you charged with a Class 4 felony.

You face charges if one or more factors were involved in your case, including:

  • Speeding 21 mph over the limit.
  • Causing bodily injury to any person.
  • Causing property damage in excess of $300.
  • Disobeying two or more official traffic control devices.
  • Concealed or altered your vehicle’s registration or digital plate.

What are the penalties for an aggravated fleeing and eluding charge in Illinois?

If you’ve been charged with aggravated fleeing or eluding in Illinois, you’ll face serious consequences, including:

  • Between one and three years in prison
  • A fine of up to $25,000
  • Mandatory revocation of your driver’s license.

As aggravated fleeing or eluding can result in imprisonment, it is vital that you work with an experienced Illinois fleeing and eluding attorney

 who can advocate for your rights and your freedom.

How does fleeing and eluding affect your license in Illinois?

Unlike most traffic violations in Illinois, fleeing and eluding does not result in standard points being added to your license.

Instead, both fleeing and eluding charges will result in an immediate suspension or removal of your driver’s license. In other words, these offenses are serious enough that you won’t get points; your license will automatically be suspended or revoked if you are convicted.

How an Illinois fleeing and eluding attorney can help

Whether you were charged with a misdemeanor or felony for fleeing and eluding, you are in danger of jail time and license revocation. Having a skilled attorney is a must.

An Illinois fleeing and eluding attorney can represent you throughout the process, helping to: 

  • Protect your driving rights and fight your case.
  • Reduce your charges to potentially lower your fines.
  • Challenge the ticket if the State fails to follow proper legal procedures, which could result in your charge being dismissed or a not guilty finding. 

At Driver Defense Team, we represent clients throughout the greater Chicago area, including Cook, DuPage, and Lake counties.

For either a fleeing and eluding charge, the State must prove certain elements of the crime. Specifically, the State must demonstrate that the law enforcement officer who ordered the driver to stop was in uniform at the time and was driving a car equipped with lights indicating it was a law enforcement vehicle.

To find out how we can help, call or text us at 312-940-8330, or fill out our online contact form.

Why you need an attorney on your side

With over 114 years of collective experience, we understand the process and what to look out for when fighting your case. 

One driver in DuPage County actually had his conviction for aggravated fleeing and eluding overturned because the State did not present any evidence that the arresting officer was in uniform. This result shows how an Illinois fleeing and eluding attorney can build both factual and legal defenses.

See more cases like this by exploring our reviews: 

FAQS: Understanding a fleeing and eluding charge

A charge for failing to stop when signaled by law enforcement, escalating if you attempt to evade or flee. This could result in large fines and licence suspension.

Aggravated fleeing and eluding happens when you fail to stop for a police officer and:

  • Speed more than 21 mph over the limit.
  • Cause property damage.
  • Cause injury to another person.

It is treated as a Class 4 felony in Illinois.

Yes, with an experienced traffic attorney by your side. We’ll review all the evidence and ensure the law was followed if you were asked to stop.

  • Proof you didn’t see/hear the officer’s signal.
  • Proof via dashcam video that you weren’t intentionally eluding.
  • Officer misidentification or procedural errors.
  • Supporting documentation and witnesses.

Yes. Having a traffic attorney will help you gather evidence, understand your options, and build a defense case.

Get a tailored GamePlan

Your winning defense strategy

We devise every defense strategy based on our battle-tested PlayBook of winning tactics, developed from our 114+ years of collective experience and analysis of over 5,000 winning cases for driving offenses.

We use this to develop your custom GamePlan, which is delivered in three parts.

Briefing. Development. Execution.

The result? No cookie-cutter or copy-and-pasted strategies, but a roadmap tailored to you — and only you.

Give yourself the legal advantage

Everything you need to know about Illinois DUI and traffic law in one place, written by our top-rated lawyers.

Read the latest legal updates, practical tips, plain-English traffic law explainers, and more.

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Watch us on YouTube

See the A-Team in action over on our YouTube channel, where we record our unfiltered reactions to police stops from all over the country, or watch our entertaining and educational videos on unique court procedures across Illinois counties, the things cops don’t want you to know, whether you can refuse a field sobriety test in Illinois, and lots more.

We promise our videos are anything but boring.