People v. Williams

Defendant was convicted, after bench trial, of aggravated fleeing or attempting to elude a peace officer. Officer was sitting in a marked police car wearing "civilian dress", and saw Defendant's vehicle not fully come to a stop at a stop sign; officer then activated emergency lights and siren, and pursued Defendant, who continued to pull away from squad car. Conviction for that offense requires State prove pursuing officer was wearing a police uniform. Because officer who stopped Defendant was out of uniform and in civilian clothes, State failed to satisfy an essential element of the offense: the uniform of the police officer. (NEVILLE and SIMON, concurring.)