Overview of Vehicle Related Crimes in Illinois
In Illinois, there are a variety of crimes related to vehicles that carry penalties under state law. These range from relatively minor offenses like driving without a valid license to more serious violent crimes like carjacking. Some of the most common vehicle-related crimes in Illinois include:
- Driving Under the Influence (DUI)
- Reckless Driving
- Hit and Run
- Driving Without a Valid License or Insurance
- Carjacking
- Chop Shop Activities
- Auto Theft/Vehicle Hijacking
Below we will take a closer look at some of these crimes, the associated penalties, and recent statistics regarding their prevalence in Illinois.
Driving Under the Influence (DUI)
One of the most common vehicle-related crimes is driving under the influence (DUI) of alcohol or drugs. This is governed under Illinois Compiled Statutes Chapter 625, Section 5/11-501 which states it is illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher. Penalties for DUI depend on number of prior offenses and include:
- 1st offense – up to 1 year in jail, up to $2,500 fine
- 2nd offense – up to 1 year in jail, mandatory 5 days imprisonment or 240 hours community service, up to $2,500 fine
- 3rd offense – 3-7 years in prison, up to $25,000 fine
According to Illinois State Police data, there were over 26,000 DUI arrests made in 2021 across the state. So it remains a significant public safety issue.
Reckless Driving
Reckless driving refers to operating a vehicle in a way that shows willful or wanton disregard for safety. This could include speeding, swerving, street racing, running red lights, and other dangerous behaviors. Reckless driving is a class A misdemeanor in Illinois under Section 11-503 and penalties include:
- Up to 1 year in jail
- Up to $2,500 fine
- Driver’s license suspension
Hit and Run
Hit and run incidents involve a motorist striking a pedestrian, another vehicle, or property and then fleeing the scene without providing identification or aid. Under Section 11-402, penalties for hit and run depend on whether injuries or death occurred:
- Property damage only – Class A misdemeanor, up to 1 year in jail, up to $2,500 fine
- Injury – Class 4 felony, 1-3 years in prison, up to $25,000 fine
- Death – Class 2 felony, 3-14 years in prison, up to $25,000 fine
Over 11,000 hit and run crashes occurred in Illinois in 2020.
Driving Without a Valid License or Insurance
In Illinois, all motorists are required to carry valid driver’s licenses and insurance when operating vehicles on public roads. Failing to do so can lead to fines, license suspensions, and even jail time:
- No valid license – Section 6-101, up to 1 year in jail, up to $2,500 fine
- No insurance – Section 3-707, up to 1 year in jail, up to $2,500 fine
Unlicensed and uninsured drivers remain problematic, with over 34,000 citations issued for no driver’s license and 81,000 for no insurance in Illinois in 2021.
Carjacking
Carjacking refers to taking a vehicle by force or threat from its driver. This violent crime has been increasing in recent years, especially in the Chicago area. Under Section 18-3 carjacking is classified as:
- Class 1 felony – 4-15 years in prison
- Class X felony – 6-30 years prison if victim is under 16 or over 60
There were over 1,500 reported carjackings in Chicago in 2021, almost triple the number from the previous year. In response, Illinois recently passed a new law requiring auto manufacturers to establish a 24/7 stolen vehicle tracking hotline for police.
Chop Shop Activities
Chop shops refer to illegal operations that dismantle stolen vehicles for parts or alter VIN numbers to disguise identity. Penalties for chop shop activities are outlined under Section 5/4-103.2 and include:
- Class 2 felony – 3-7 years in prison, up to $25,000 fine
- Subsequent offense – Class 1 felony – 4-15 years prison
Over 16,000 vehicles were reported stolen in Illinois in 2020. Chop shops likely play a role in dismantling many of them.
Auto Theft/Vehicle Hijacking
Auto theft involves taking a vehicle without permission, while vehicle hijacking refers to taking a vehicle by force or threat when occupied. Penalties for these offenses depend on circumstances:
- Auto theft – Section 4-103
- Value less than $10,000 – Class 2 felony
- Value more than $10,000 – Class 1 felony
- Vehicle hijacking – Section 18-3
- Class 1 felony, up to 15 years prison
More than 16,500 vehicles were stolen in Illinois in 2021, although this remains below record highs from the early 1990s.
Defenses Against Vehicle Crimes
When charged with vehicle-related offenses in Illinois, having an experienced criminal defense attorney is essential. Possible defenses against allegations may include:
- Illegal search and seizure
- Invalid field sobriety/breathalyzer tests
- Misidentification
- Entrapment
- Self-defense
- Necessity
- Duress
An attorney can evaluate the evidence and determine if any defenses apply to fight the charges or seek a favorable plea bargain. This gives defendants the best chance at avoiding harsh penalties.
Conclusion
In summary, Illinois has laws against many vehicle-related crimes ranging from traffic violations to violent hijackings. Penalties vary but can include hefty fines, license suspensions, and years in prison in serious cases. Defending against accusations generally requires proving the incident didn’t occur, arguing an illegal search, or claiming mitigating circumstances. With criminal offenses, experienced legal help makes a major difference in outcome.