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    Default Re: Felony Fleeing and Eluding

    Quote Quoting Nicholas1776
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    Is there a law that states how close behind you a police officer has to be to pull you over?
    No. The question is what you could have seen had you looked in your rear view mirror, and how long it took you to pull over after you reasonably should have noticed that the officer was trying to pull you over. You can discuss with your lawyer why the officer did not activate his siren, and how that might factor into your defense -- but the statute does not require an audible signal.

    As you state that you have no priors, this charge would be under 625 ILCS 5/11-204.1. You don't indicate that you caused any injury or property damage or that you had an altered license plate, and you claim to have been clocked at only 20 MPH over the speed limit, so that leaves your disregard of two or more traffic control devices as a basis of the charge:
    Quote Quoting 625 ILCS Sec. 11-204.1. Aggravated fleeing or attempting to elude a peace officer.
    (a) The offense of aggravated fleeing or attempting to elude a peace officer is committed by any driver or operator of a motor vehicle who flees or attempts to elude a peace officer, after being given a visual or audible signal by a peace officer in the manner prescribed in subsection (a) of Section 11-204 of this Code, and such flight or attempt to elude:

    (1) is at a rate of speed at least 21 miles per hour over the legal speed limit;

    (2) causes bodily injury to any individual;

    (3) causes damage in excess of $300 to property;

    (4) involves disobedience of 2 or more official traffic control devices; or

    (5) involves the concealing or altering of the vehicle's registration plate.

    (b) Any person convicted of a first violation of this Section shall be guilty of a Class 4 felony. Upon notice of such a conviction the Secretary of State shall forthwith revoke the driver's license of the person so convicted, as provided in Section 6-205 of this Code. Any person convicted of a second or subsequent violation of this Section shall be guilty of a Class 3 felony, and upon notice of such a conviction the Secretary of State shall forthwith revoke the driver's license of the person convicted, as provided in Section 6-205 of the Code.

    (c) The motor vehicle used in a violation of this Section is subject to seizure and forfeiture as provided in Sections 36-1 and 36-2 of the Criminal Code of 2012.
    Were you in fact clocked at more than 20 MPH over the limit while the police were in pursuit, or did you disregard multiple traffic controls during that time?

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