Vehicular Endangerment 720 ILCS 5/12-5.02

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Vehicular Endangerment in Illinois: What You Need to Know

In Illinois, vehicular endangerment refers to reckless driving that puts others in danger. It’s charged under 720 ILCS 5/12-5.02, which makes it illegal to drive in a way that shows “willful or wanton disregard for the safety of persons or property.

“Let’s break this down into plain English. Basically, if you drive like a maniac and scare the crap out of people, you could get slapped with a vehicular endangerment charge.

What Counts as Vehicular Endangerment?

There’s no exhaustive list of what counts as vehicular endangerment. But here are some examples of driving that could lead to charges:

Speeding like a bat out of hell, weaving through traffic
Blowing through stop signs and red lights
Driving on the wrong side of the road
Squealing tires, “burning rubber”
Tailgating other vehicles really close
Passing in no-passing zones

You get the idea. If you’re driving in a way that shows no regard for safety and makes people fear for their lives, you’re cruising for a vehicular endangerment charge.

What Are the Penalties?

The penalties for vehicular endangerment depend on what class charge you get hit with.

Class A misdemeanor – up to 1 year in jail, $2,500 fine
Class 4 felony – 1-3 years prison, $25,000 fine

If people are hurt or killed because of your reckless driving, you’ll face even stiffer penalties:

Injury – Class 4 felony (see above)
Great bodily harm – Class 3 felony, 2-5 years prison
Death – Class 2 felony, 3-14 years prison

Yikes. So weaving through traffic like Dominic Toretto may sound fun, but it’s seriously not worth the risk. Just chill and get where you’re going safely, folks. No need to go full Fast and Furious.

When is it a Felony Charge?

Like we just covered, vehicular endangerment becomes a felony if anyone is injured or killed as a result of your reckless driving.

It can also be a felony if:

You were driving on a suspended or revoked license
Your license was already suspended/revoked for a previous reckless driving offense
You’ve already been convicted of vehicular endangerment

So repeat offenders definitely get slapped with felony charges. But even first-timers get felonies if they hurt or kill someone with their reckless driving.

Potential Defenses

What if you get charged with vehicular endangerment but think it’s bogus? There are some defenses that could get the charges dropped or reduced.

You weren’t driving recklessly – You can argue that your driving wasn’t actually reckless or dangerous. Maybe the cops misunderstood the situation.

Emergency situation – If you were driving erratically to get someone medical help or escape a dangerous scenario, that may justify it.

False accusations – People sometimes falsely accuse others of bad driving out of road rage. Your lawyer can try to prove they’re just making stuff up because they’re mad.

Mistaken identity – You might have an evil twin with the same car as you who drives like a jerk. Kidding, but mistaken ID is a possibility.

Medical emergency – If you have a sudden medical crisis like a seizure behind the wheel, it’s not reckless endangerment.

These defenses don’t always work, but it’s worth consulting a lawyer if you feel wrongly accused. Don’t just plead guilty if you honestly weren’t driving dangerously.

What Should You Do if Charged?

If you do get charged with vehicular endangerment, here are some tips:

Remain silent and ask for a lawyer immediately. Don’t try to talk your way out of it.
Be polite and cooperative with police, but don’t answer questions or make statements before talking to a lawyer.
Start researching lawyers who specialize in traffic offenses and reckless driving charges.
Ask friends and family for lawyer referrals. Look at online reviews too.
If injured, get medical treatment ASAP. It helps your defense.
Write down all the details you remember about the incident while fresh.
Check if the traffic stop and arrest were done properly. Any mistakes could help your case.
Consider hiring an investigator to take photos of the location, check for surveillance video, interview witnesses, etc.
Ask your lawyer about plea bargains that reduce the charges.
Discuss options like traffic school or community service if available.
Be prepared for license suspension – look into temporary restricted permits if possible.

The bottom line is don’t panic and don’t go it alone. Get a good lawyer in your corner and listen to their advice for navigating the charges.

What Happens in Court?

If negotiating a plea deal fails, then your vehicular endangerment case goes to trial. Here’s a quick rundown of what happens:

Prosecutor gives opening statement, alleges reckless driving.
Your lawyer gives opening statement, argues you drove safely.
Prosecutor calls witnesses to testify about your driving.
Your lawyer cross-examines witnesses, pokes holes in their stories.
You may testify in your own defense (or remain silent).
Your lawyer calls any defense witnesses.
Prosecutor cross-examines defense witnesses.
Prosecutor and defense lawyer give closing arguments.
Judge or jury decides if you’re guilty beyond a reasonable doubt.
If guilty, the judge determines your sentence within statutory limits.

Having an experienced lawyer fight for you is crucial, as they know how to effectively argue your side to the jury. They can get charges dismissed if flaws in the prosecution’s case are exposed at trial.

How Can You Avoid These Charges?

The best way to avoid vehicular endangerment charges is simple – drive responsibly! We all get frustrated on the roads sometimes, but it helps to remember a few things:

Allow enough time to get to your destination without speeding excessively. Leave a few minutes early if needed.
Don’t take out anger or stress on other motorists by driving aggressively. Stay cool behind the wheel.
Be patient with slower drivers in front of you. Never tailgate or flash high beams at them.
Don’t text, eat, or do other distracting activities while driving. Keep your eyes on the road and hands on the wheel.
Make sure your car is well-maintained, with good brakes and tires.
Don’t drive impaired under the influence of alcohol, marijuana or other drugs. Arrange a ride share or take public transportation.
If you see a reckless driver, keep your distance and avoid antagonizing them.
If you have kids in the car, be extra cautious. Don’t take risks.
In bad weather, slow down and increase following distance.

Driving with care and common sense goes a long way. But if you do get a vehicular endangerment citation, stay calm and be proactive about fighting the charges. With a good traffic lawyer’s help, you can hopefully beat the rap. Just take it as a lesson to be more prudent behind the wheel from now on.