Decision Regarding Fleeing and Attempting to Elude a Police Officer

The First Appellate Court recently reversed a conviction for aggravated fleeing or attempting to elude a peace officer in the decision of People v. Williams , 2015 IL App (1st) 133582. At trial in this matter a Chicago police officer testified that while sitting in a marked police vehicle while wearing "civilian dress" he observed a vehicle driven by the defendant not come to a full stop at a stop sign. The officer activated his emergency lights and siren and attempted to stop the vehicle. The officer further testified that while driving at speeds between 25-30 miles per hour the defendant proceeded to "pull away" from the squad car, eventually putting a distance of at least 200 feet between the cars. The defendant entered a cul-de-sac and fled on foot. Assisting officers brought the defendant back to the arresting officer. Defendant was found guilty at trial and appealed the decision contending that the state failed to prove he committed aggravated fleeing or attempting to elude a peace officer as the arresting officer was in "civilian dress."

In its analysis the Court relied on the decision of People v Murdock , 321 Ill. App. 3d 175 (2001), as well as the plain language of the aggravated fleeing or attempting to elude a peace officer statute. According to 625 ILCS 5/11-204, "Any driver or operator of a motor vehicle who, having been given a visual or audible signal by a peace officer directing such driver or operator to bring his vehicle to a stop, wilfully fails or refuses to obey such direction, increases his speed, extinguishes his lights, or otherwise flees or attempts to elude the officer, is guilty of a Class A misdemeanor. The signal given by the peace officer may be by hand, voice, siren, red or blue light. Provided, the officer giving such signal shall be in police uniform, and, if driving a vehicle, such vehicle shall display illuminated oscillating, rotating or flashing red or blue lights which when used in conjunction with an audible horn or siren would indicate the vehicle to be an official police vehicle." 625 ILCS 5/11-204(a) (West 2012).

The Court affirmed the statutory requirement that the police officer "shall be in police uniform" while giving the signal to stop and declined to find a legislative purpose otherwise where the plain language of the statute is clear. The Court found that “the plain language of section 11-204(a) of the Illinois Vehicle Code requires a pursuing officer be in police uniform for a defendant to be found guilty of fleeing or attempting to elude a peace officer." People v. Williams , 2015 IL App (1st) 133582. The controlling aspect is not whether the defendant "knew the police were following him; but rather, whether the requirements of the statute have been met." People v. Williams , id.

If you would like further information regarding this or any other criminal or traffic matter, please contact attorney JRD at (847) 705-7555 or jdoerr@lavellelaw.com.