You may be charged with the California crime of “evading a peace officer” under Vehicle Code 2800.1 if, while driving a motor vehicle, you willfully attempt to flee from a police officer who is pursuing you in a car or on a bicycle.
But evading a police officer charges will only stick if the prosecutor can prove all of the following facts about the incident:
- You specifically intended to evade the officer;
- The officer’s vehicle was exhibiting at least one lighted red lamp visible from the front, and you either saw or should have seen it;
- The officer’s vehicle was sounding a siren as necessary;
- The officer’s vehicle was distinctively marked; and
- The officer’s vehicle was operated by a peace officer wearing a distinctive uniform.2
Vehicle Code 2800.1 is what is known as misdemeanor evading an officer.
It is similar to but separate from the more serious crimes of Vehicle Code 2800.2 felony reckless evading and Vehicle Code 2800.3 evading an officer causing injury or death.
The penalties for a misdemeanor evading conviction in California include:
- Up to one (1) year in county jail, and/or
- A fine of up to one thousand dollars ($1,000).
In addition, the vehicle in which you are alleged to have evaded an officer may be impounded for up to thirty (30) days.
How can we defend you against charges of California Penal Code 2800.1 VC Evading a Peace or Police Officer?
With the help of one of our highly skilled and experienced criminal defense attorneys, you may be able to use one or more of the following legal defenses to avoid a conviction for misdemeanor evading an officer:
- You didn’t intend to evade the officer;
- There is insufficient evidence that your behavior met the legal definition of evading an officer; or
- Thelegal defense of voluntary intoxication, which may help show that you did not have the necessary intent to be convicted of this crime.
We have been successfully defending clients facing all types of criminal charges in Sonoma and Marin Counties, since 1992.
The 100 Trial Lawyers Association has recognized us as one of the best criminal defense attorneys in the country!
Please call our office today at (707) 571-8600 in our centrally located Santa Rosa office in Sonoma County or call our office in San Rafael in Marin County at (415) 492-4507 to schedule a free and confidential case evaluation.
Don’t bargain with your freedom! The right attorney makes all the difference between your freedom and incarceration!