Attempting to Flee / Elude After Being Stopped for Public Intoxication

[mynameiszeek]

My question involves criminal law for the state of: Illinois

I've posted a similar thread to this, but couldn't find it, so I'm not sure if it went through.

Basically, my friends birthday was this Saturday and I got a little too drunk. I got a ride to a friends house after the bar's closed, so it was about 3:20 A.M at the latest, as my friend lived very close to the bar area. For what ever reason, I never made it inside my friends house, instead I started walking, to where I am not sure, the only thing I can remember was being at friends front door, followed by being woken up by a police officer. Now when the officer woke me up I had been on the side of a small back road, on the grass next to the road, and had not been in a car for at least 25 minutes, but not knowing what happened, the first thing I said when the officer came up to me was "I wasn't driving was I?" The reason I asked this is that there was 1 firetruck and 1 ambulance and at least two cops.

Anyway, I get arrested for Public Intoxication, and get released the next day. They gave me the option of posting bail or just waiting till 2 P.M. so I just waited. I was released the next day and given a notice to appear, for public intoxication. I got my belongings after that, in it was my copy blue and yellow copy of the ticket. Upon reviewing the ticket, there is very little information. The only way to find a charge, that I could see on the ticket, was based on Illinois Statute Code, if that would be what it is called. It said I violated Ch.625 Act 5 11-3030 or possibly 11-1010, I know my notice to appear said pub intox and 11-1010 on it, but the officer's handwriting was very small. I've tried to find was 11-3030 would be, but have had no luck.

When I talked to my lawyer, he looked up my court date and case, because I didn't have my ticket on me, and proceeded to tell me that it was not pub intox I've been charged with, but it was attempting to flee/elude. I'm just wondering, how could I have attempted to flee/elude when I was not in a car at the time of my arrest, and is it possible that the circuit court just misfiled something?

[Mr. Knowitall]

I expect that while you were out driving you failed to stop for a police officer. Read the police report and tell us what happened.

[llworking]

I expect that while you were out driving you failed to stop for a police officer. Read the police report and tell us what happened.

You might want to re-read the post. It doesn't sound like the OP was driving at all. He stated that he got a ride to a friend's house, and then instead of going in he just started walking.

However since it was almost 3:30 in the morning perhaps his friend called the police on him (maybe even not knowing who he was) and that is why he left and was walking.

[Mr. Knowitall]

When somebody claims to have completely blacked out, such that they have no memory of events, then says that their first words to the police officer were the question, "I wasn't driving, was I?", there's cause to believe that the person was driving. (And when the person claims to know with significant accuracy how long he was passed out by the side of the road despite claiming to have blacked out for that entire period, it suggests that his memory is a lot better than he's admitting.)

If it makes you happy, it could be something that happened while his friend was driving and he was in the car, but it's not clear why the police would automatically associate him with somebody else's driving conduct in somebody else's car. So we're back to needing to know what the police report says.