2019 IL App (3d) 170302
Ill. App. Ct.2019Background
- Defendant Carl Hansen was charged with aggravated fleeing or attempting to elude a peace officer after a high‑speed pursuit following a traffic stop on Route 81 in November 2015.
- Deputy Corey Hixson (uniformed, marked squad) observed a Dodge pass a traffic stop and began pursuing; he later activated forward lights, siren, and then "everything [was] lit up."
- Dash‑cam showed Deputy Joseph Femali’s marked squad with flashing red and blue lights; Hixson’s car is visible and later pursued the Dodge.
- Hixson testified other vehicles yielded to his emergency activation; defendant admitted he heard sirens and saw lights in his side‑view mirror.
- The trial court found Hixson had "all his lights and whistles running," convicted Hansen after a bench trial, and denied Hansen’s motion to reconsider.
- On appeal Hansen argued the State failed to prove Hixson used the statutorily required "red or blue" flashing lights; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence was sufficient to show the officer gave the statutorily required visual signal ("oscillating, rotating or flashing red or blue lights") to stop the vehicle | State: Hixson was in uniform in a marked car, activated emergency lights and siren, other drivers yielded, defendant saw/heard lights and siren—this suffices to show a visual/audible signal | Hansen: Trial evidence did not specify that Hixson’s lights were red or blue as required by the statute, so the State failed to prove the visual signal element | The court held the facts permitted a reasonable inference that Hixson’s emergency lights satisfied the statute (red/blue oscillating/flashing together with siren); conviction affirmed |
Key Cases Cited
- People v. Brown, 362 Ill. App. 3d 374 (2005) (inference that marked squad’s engaged emergency lights satisfy statutory visual‑signal requirement)
- People v. Murdock, 321 Ill. App. 3d 175 (2001) (reversal where State failed to prove officer in uniform)
- People v. Evans, 209 Ill. 2d 194 (2004) (standard for sufficiency of evidence review)
- People v. Jackson, 232 Ill. 2d 246 (2009) (trier of fact need not search out all explanations consistent with innocence)