Illinois Traffic Violation and DUI Lawyers

Fleeing & Eluding Police

Last updated on


Fleeing and Eluding a Police Officer is a serious criminal offense (625 ILCS 5/11-204). If you are charged with this, you will need a lawyer to help you protect your freedom and your license.

In Illinois, drivers are required to stop the vehicle when ordered to do so by a police officer. The order may be by siren, lights, hand signals, or verbal commands. If a driver increases speed, turns off lights, or attempts to escape from a police offer in any other way, a court can find that driver guilty of Fleeing or Eluding Police.

The penalties for this offense can be steep. It is classified as a Class A Misdemeanor which carries up to 364 days in jail and a $2,500 plus court costs. A conviction also carries a mandatory six-month license suspension. A second conviction for this offense carries a mandatory 12-month suspension and a third conviction may be classified as a Class 4 Felony which carries 1-3 years in prison and a potential $25,000 fine.

Aggravated Fleeing and Eluding is also classified as a Class 4 Felony. This may occur if a court finds one of the following aggravating circumstances occurred:

  • Speeding 21 mph over the limit
  • Causing bodily injury to any person
  • Causing property damage in excess of $300
  • Disobeying 2 or more official traffic control devices

A conviction for felony Fleeing and Eluding also carries a mandatory license revocation of your driver’s license.

The statute defining Fleeing and Eluding requires that the officer ordering a driver to stop must be in uniform and driving a car which is equipped with lights to indicate its status as a law enforcement vehicle. This is an important point as the State must prove all of the elements of the offense beyond a reasonable doubt.

A driver in DuPage County actually had his conviction for Aggravated Fleeing and Eluding overturned because the State did not present any evidence that arresting officer was in uniform (People of the State of Illinois v. Murdock).

As you can see, a person charged with this offense is in danger of losing important freedoms and must have good legal counsel.

I received a ticket for...

Contact Us

West Suburban Office
1625 N. Mannheim Rd
Stone Park, IL 60165

Driver Defense Team
DUI and Traffic Lawyer

53 W. Jackson Blvd.
Suite 1401
Chicago, IL 60604

(312) 940-8330

Questions? Fill out the contact form and we’ll get back to you right away.

Using the Driver Defense Team website or submitting a form does not create an attorney-client relationship between you and Driver Defense Team or any of our attorneys. Driver Defense Team does not represent you until the firm determines there would not be a conflict of interest, and the firm officially informs you that it is able to accept the engagement. Accordingly, if you e-mail any information or documents, and we do not already represent you, your e-mail will not be treated as privileged and confidential.