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Major Moving Violations

Major moving violations are usually classified as misdemeanor offenses, however, some can qualify as felony offenses.  Besides having consequences on a violators driving privileges they can carry with them potential jail sentences.  The most commonly charged major moving violations are Driving Under the Influence of Alcohol and Driving on a Suspended or Revoked License.  There are sections of this website devoted with information about those offenses, however, there are other commonly charged major traffic violations that should be of concern to those charged.  Below you will find information on the following offenses:

Reckless Driving
Fleeing or Eluding from the Police
Aggravated Fleeing or Eluding from the Police
Leaving the Scene of an Accident that results in Personal Injury or Death
Leaving the Scene of an Accident that results in Property Damage
Duty to Give Information and Render Aid After a Vehicle Accident
Accidents Involving Damage to Unattended Vehicles and Other Property
Aggravated Speeding

Reckless Driving

A person commits Reckless Driving 625 ILCS 5/11-503 if they drive a vehicle with willful or wanton disregard for the safety of people or property.  Reckless Driving is a Class A misdemeanor punishable up to one year in the county jail and a fine up to $2,500.  If the driving causes injury to a child, or school crossing guard while they are performing their duties, then the offense is a Class 4 Felony punishable by 1 to 3 years in the state penitentiary.  It is also a Class 4 felony if the driving results in great bodily harm or permanent disfigurement or disability to another.  If the driving causes great bodily harm or permanent disfigurement or disability to a child, or school crossing guard while they are performing their duties, then the offense is a Class 3 felony punishable by 2 to 5 years in the penitentiary.

Fleeing or Attempting to Elude a Peace Officer

Pursuant to Illinois statute 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 punishable up to 1 year in the county jail.

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. Such requirement shall not preclude the use of amber or white oscillating, rotating or flashing lights in conjunction with red or blue oscillating, rotating or flashing lights.

Upon receiving notice of a conviction the Secretary of State shall suspend the drivers license of the person convicted for a period of not more than 6 months for a first conviction and not more than 12 months for a second conviction.

A third or subsequent violation of this Section is a Class 4 felony punishable by 1 to 3 years in the state penitentiary.

Aggravated Fleeing or Attempting to Elude a Peace Officer

Under Illinois statute 625 ILCS 5/11-204.1 a person commits the offense of aggravated fleeing or attempting to elude a peace officer if 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, 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.

Any person convicted of a first violation shall be guilty of a Class 4 felony punishable by 1 to 3 years in the penitentiary and their license shall be revoked.  A person convicted of a second or subsequent violation is guilty of a Class 3 felony punishable by 2 to 5 years in the penitentiary, and upon notice of such a conviction the Secretary of State shall revoke the driver's license of the person convicted.

The motor vehicle used in a violation of this Section is subject to seizure and forfeiture.

Leaving the Scene of an Accident that results in Personal Injury or Death

Pursuant to statute 625 ILCS 5/11-401 the driver of any vehicle involved in a motor vehicle accident resulting in personal injury or death shall immediately stop their vehicle at the scene of the accident, or as close as possible and then return to the scene, and in every event, shall remain at the scene of the accident until they have satisfied their duty to give information and render aid.  The stop of their vehicle shall be made without obstructing traffic more than is necessary. A violation is a Class 4 felony punishable by 1 to 3 years in the state penitentiary

A driver who has failed to stop immediately at the scene shall, as soon as possible but in no case later than one-half hour after such accident, or, if hospitalized and incapacitated from reporting at any time during such period, as soon as possible but in no case later than one-half hour after being discharged from the hospital, report the place of the accident, the date, the approximate time, the driver's name and address, the registration number of the vehicle driven, and the names of all other occupants of such vehicle, at a police station or sheriff's office near the place where such accident occurred. And any report made as required under this paragraph shall not be used, directly or indirectly, as a basis for the prosecution of any violation of the offense.  A violation is a Class 2 felony punishable by 3 to 7 years in the penitentiary if the accident does not result in the death of any person, or a Class 1 felony punishable by 4 to 15 years if it does result in the death of any person. Further, the Secretary of State shall revoke the driving privilege of any person convicted.

Any person arrested for violating this law is also subject to chemical testing of his or her blood, breath, or urine for the presence of alcohol, other drug or drugs, intoxicating compounds, or any combination thereof, if the testing occurs within 12 hours of the time of the occurrence of the accident that led to his or her arrest. The person's driving privileges are subject to statutory summary suspension if he or she fails testing or statutory summary revocation under if he or she refuses to undergo the testing.

Leaving the Scene of an Accident that results in Property Damage

Pursuant to Illinois law 625 ILCS 5/11-402 it is a Class A Misdemeanor if the driver of any vehicle involved in a motor vehicle accident resulting only in damage to a vehicle which is driven or attended by any person and they don’t immediately stop their vehicle at the scene of the accident, or as close as possible, and return to and remain at the scene of the accident until they give their name, address, registration number and shall upon request exhibit their driver's license to the driver, occupant, or person attending the vehicle collided with.

A driver does not violate this law if the driver moves their vehicle as soon as possible off the highway to the nearest safe location on an exit ramp, shoulder, a frontage road, the nearest suitable cross street, or other suitable location that does not obstruct traffic and remains at that location until they give their name, address, registration number and shall upon request exhibit their driver's license to the driver or occupant of or person attending the vehicle collided with.

Every such stop shall be made without obstructing traffic more than is necessary. If a damaged vehicle is obstructing traffic lanes, the driver of the vehicle must make every reasonable effort to move the vehicle or have it moved so as not to block the traffic lanes. If convicted of this offense, and the court makes a finding that the damage to the vehicle is in excess of $1,000, the finding shall be reported to the Secretary of State and they will suspend the driver's license.

Duty to Give Information and Render Aid After a Vehicle Accident

In Illinois, under statute 625 ILCS 5/11-403, the driver of a vehicle involved in an accident has a duty to give information and render aid. The driver of any vehicle involved in a motor vehicle accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give the driver's name, address, registration number and owner of the vehicle the driver is operating and shall upon request and if available exhibit such driver's license to the person struck or the driver or occupant of or person attending any vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying or the making of arrangements for the carrying of such person to a physician, surgeon or hospital for medical or surgical treatment, if it is apparent that such treatment is necessary or if such carrying is requested by the injured person.

If none of the persons entitled to information is in condition to receive and understand the information and no police officer is present, the driver, after rendering reasonable assistance, shall report the motor vehicle accident at the nearest office of a duly authorized police authority, disclosing the all of the information they would have been required to disclose at the scene.

Any person failing to comply with this Section shall be guilty of a Class A misdemeanor punishable by up to one year in the county jail.

Accidents involving damage to unattended vehicles and other property

Under Illinois statute 625 ILCS 5/11-404 it is a Class A misdemeanor if the driver of any vehicle which is involved in a motor vehicle accident with any vehicle or property which is unattended that results in any damage and doesn’t immediately stop and then either locate and notify the operator or owner of the vehicle, or other property, of their name, address, registration number or attach securely in a conspicuous place on or in the vehicle, or other property struck, a written notice giving their name, address, registration number, and in certain situations without unnecessary delay notify the nearest office of a duly authorized police authority and make a written report.

Aggravated Speeding

Under Illinois statute 625 ILCS 5/11-601.5 section (a) A person who drives a vehicle upon any highway of this State at a speed that is 31 miles per hour or more but less than 40 miles per hour in excess of the applicable maximum speed limit established commits a Class B misdemeanor punishable up to 6 months in the County Jail. Pursuant to section (b) A person who drives a vehicle upon any highway of this State at a speed that is 40 miles per hour or more in excess of the applicable maximum speed limit commits a Class A misdemeanor punishable by up to one year in jail.  Supervision is not available as a disposition for this offense, meaning that if found guilty it will remain on your criminal record and be reported to your insurance company.

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