If you are being charged with evading a peace officer in California, you should not underestimate the situation. According to California Vehicle Code 2800.1, evading a peace officer could lead to harsh penalties. If caught trying to escape from a police officer, you could be jailed or receive a heavy fine.
However, several aspects may play a role in your case, including the officer’s intention, your intention, and whether the police car had proper lighting. Perhaps some misunderstanding or an emergency caused you to evade a peace officer. It is not always easy to maneuver the justice system if you are facing legal charges for evading a peace officer, and that is when a criminal defense lawyer is needed.
At the Law Offices of Anna R. Yum in San Diego, we have years of experience representing clients facing evading peace officer charges. We are dedicated to ensuring your rights are safeguarded by thoroughly reviewing your case and mounting a solid defense strategy.
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An Overview of Vehicle California Vehicle Code 2800.1
According to California Vehicle Code 2800. 1, it is unlawful to willfully flee or attempt to elude a pursuing peace officer while operating a motor vehicle. This offense is more commonly referred to as “evading a peace officer.”
The law applies when you fail to stop or continue driving despite signals from an officer to stop your motor vehicle. Depending on the situation, failing to cooperate with a peace officer can lead to a misdemeanor or felony charge.
Elements that a Prosecutor Must Prove
Under VC 2800.1, it is a crime to willfully flee or attempt to evade a peace officer who is pursuing you while you are operating a motor vehicle. For you to be charged, however, the prosecution has to demonstrate that the peace officer’s car had some form of identification, the officer’s light was blinking red, and the officer was in uniform. Furthermore, your failure to stop was done deliberately and not due to ignorance or lack of understanding.
Definition of Marked Vehicle
The law mandates that the vehicle being operated by the officer be marked as a police car so you can be charged with evading a peace officer. This means the vehicle should have markings or identification features, like stickers or emblems, showing that it is a police car.
You must note that a plain, unmarked vehicle would not qualify under Vehicle Code 2800.1 unless accompanied by visible and audible signals such as sirens or flashing red lights.
Defining Willfulness
The term “willfulness,” according to Vehicle Code 2800.1, means the driver decided to flee from the officer, and it was not an accident. If you knew the peace officer was signaling you to pull over and you intentionally kept driving or sped up to avoid the officer, your actions are considered willful. But if you did not know that an officer was pursuing you, your lawyer could argue that you did not pull over because you were unaware you had been stopped.
Meaning of Intent
For the prosecution to have a strong case against you under Vehicle Code 2800. 1, they must demonstrate that you intended to avoid the peace officer. This means that your actions were not a result of carelessness or lack of understanding but that you deliberately decided to flee. In other cases, intent can be deduced from your actions, like when you increase the speed after an officer has motioned to you to stop.
Definition of Red Light
For you to be charged with evading a peace officer under Vehicle Code 2800.1, there has to be a red light on the front side of the officer’s car. The red light is a crucial component of the light bar since it is the one that provides you with a clear indication that a peace officer is trying to signal you to stop. If the officer’s vehicle only employs the flashing blue lights, it will not meet the statute’s provisions. The law clearly states that for the evasion charge to apply, it has to be a red light.
Meaning of Uniform
According to Vehicle Code 2800.1, the pursuing officer should be in a distinguishable uniform. The uniform helps to indicate that the person ordering you to pull over is actually a peace officer. This helps to shield drivers from being chased by people other than law enforcement agencies. Thus, in evasion cases, it would be a defense if the person was not identifiable as an officer since they were not in uniform.
Example of Evading a Peace Officer Case Scenario
Joseph is driving on a highway on his way home after an office party when a peace officer signals him to pull him over. However, Joseph drank some alcohol before starting his journey and is worried that he might surpass the lawful limit. Therefore, he speeds up, intending to flee from the peace officer to avoid being caught drunk driving. Here, Joseph is guilty of violating Vehicle Code 2800.1.
Penalties for Evading a Peace Officer
The consequences for fleeing from a peace officer, according to California Vehicle Code 2800.1, may differ depending on the circumstances surrounding your case. The consequences of evading a peace officer are severe since they can lead to loss of freedom and money and hinder you from getting a job.
Penalties for Misdemeanor VC 2800.1
If convicted of a misdemeanor violation of Vehicle Code 2800.1, you could face up to one year in jail and pay fines of up to one thousand dollars. You could also be sentenced to serve probation instead of jail time.
Other penalties may include suspending your driver’s license and hiking your car insurance rates. You must note that the consequences may have permanent negative impacts on your personal and professional life. Therefore, you should seek the services of a skilled attorney who will help you build strong defenses to convince the judge to dismiss your charges.
Your vehicle could also be impounded for a maximum of 30 days. This means you have to pay the car impounding fees and the $1000 fine. If you cannot pay the impounding fee, your vehicle will remain in the custody of law enforcers until you pay.
Legal Defenses to Vehicle Code 2800.1 Violation Accusations
With such penalties, you know that facing a charge for evading a peace officer is serious. However, it does not mean that you must be convicted. Your lawyer could help you build solid defenses that could see your charges dismissed or lowered.
If you want to obtain a positive outcome, you must hire an experienced criminal defense attorney who will guide you accordingly. Some of the defenses you could employ in a VC 2800.1 violation accusations case include the following:
You Did Not Intend to Evade a Peace Officer
In order to convict you of evading a peace officer under Vehicle Code 2800.1, the prosecution must prove that you intended to act in a certain way. Therefore, intent, in this case, refers to the fact that you attempted to escape from the police when you knew you were being chased for a traffic offense. However, your lawyer could help you argue that there are many circumstances in which the intent to evade a police officer is not applicable to your case.
For example, you might not have noticed that a police officer was actually right behind your vehicle, maybe because you were involved in a particular task, such as driving past a complicated lane with numerous cars or through a dense traffic zone, or you were bothered by distractions within your vehicle.
Also, if you are inside a vehicle cruising through different streets with either a siren or flashing lights from various directions, if a flashlight is fired at you, it is very easy to overlook it, even if it was intended for you.
As long as there is no proof that you intended to avoid the officer in question, the prosecution’s case weakens considerably. They would need to demonstrate to the jury that you had a chance. to see the police car and still sped away. However, challenges such as misty or rainy conditions could hinder the chances.
There was No Visible Red Light from the Police Car
You could have your charge under Vehicle Code 2800.1 dismissed if the red light is not observable in front of the involved police car. In the absence of this flashing light, you probably would not have been aware that a law enforcement officer was signaling you to pull over. This signal has to be provided by the peace officer to make you realize that you are being followed by police cars.
If there are no flashing lights or if the lights are not working properly, then the prosecution’s argument could weaken. For example, you are driving at night with the help of your headlights and possibly some streetlights.
If a car behind you has no flashing red lights, you could easily be fooled into thinking it is just another car. Therefore, your lawyer could argue that you could not have possibly evaded a peace officer since you were not even aware they were behind you.
Moreover, if the police car approached you from a blind spot or the headlights were obscured by some external factors, such as heavy rainfall or fog, your defense attorney should argue that there was no possibility of observing the signal to stop.
You had an Emergency
If you were engaged in a genuine emergency when the police tried to signal to you that you needed to pull over, that would also be a legal defense under Vehicle Code 2800. The law acknowledges that, at times, you may have had a proper cause not to stop instantly.
For example, you could have been speeding because you were taking your loved one to the hospital due to an emergency or to escape from an incident. In such situations, your primary focus was to address the crisis, not escape from police officers. Your lawyer could argue that you did not stop after being signaled to pull over out of necessity and not necessarily escaping.
You could strengthen this defense by providing evidence of the emergency. For example, if there are records of you or your loved one visiting a hospital for a medical emergency shortly after the alleged evasion, then it strengthens your case.
However, an emergency is not a defense for the charge; nevertheless, if an emergency is raised, the case may be thrown out, or the penalties may be decreased since the court recognizes the circumstances as extraordinary.
The Peace Officer’s Vehicle Had No Distinctive Markings
According to VC 2800.1, the pursuing vehicle should be “marked” in a conspicuous manner as a police car for the charge of evasion against you to hold. This means that the vehicle following you should have visible and easily recognizable police emblems such as decals, a logo, or identifiable equipment.
If the car chasing you was not painted in police colors, or if the colors were not very clear, they had faded, you can always claim that you did not know the chaser was a police officer. For example, if an unmarked car attempted to stop you at night or if you were in a new area and felt unsafe, you would have a valid reason not to stop.
This is especially true if the officer is not in a police uniform or the car does not resemble a police car. Thus, without clear identification of the vehicle as a police one, the prosecution cannot convincingly argue that you knew it was a police car and still tried to flee.
Immigration Consequences
Evading a peace officer under Vehicle Code 2800.1 is generally considered a misdemeanor in California, and for most cases, it does not carry direct immigration consequences. However, immigration status can be affected by criminal convictions, especially when they involve more serious charges or aggravating factors.
For example, if the charge is escalated to felony evading under Vehicle Code 2800.2 or involves reckless driving that endangers public safety, the immigration consequences could be more severe.
Expungement of a Vehicle Code 2800.1 Conviction
Expungement is a legal process that enables you to withdraw your guilty plea or the verdict and have your conviction withdrawn from your criminal record as if you were never convicted. For misdemeanors such as evading a peace officer, you are normally entitled to expungement after you have completed your sentence or probation and complied with all the conditions of the order, including paying any fines and restitution.
Expungement is a useful process in terms of starting a new life from scratch, as you can say that you have not been convicted of the offense when applying for a job or housing. But there are a few things to note. Expungement eliminates your record from the public domain but does not erase your conviction.
The police, some state agencies, and the public will still be able to access the expunged conviction, and if you are applying for a job in the force, you might not be able to obtain it. It will not reinstate some civil liberties, such as the right to bear arms, which are lost by a conviction.
You should enlist the services of a competent lawyer to help in the expungement process and ensure that all the paperwork is done appropriately and submitted to the relevant authorities.
Effect of Vehicle Code 2800.1 Conviction on Your Gun Rights
If you are convicted of a misdemeanor evading a peace officer, your gun rights generally remain intact. California law does not impose firearm restrictions for most misdemeanor convictions, including those under Vehicle Code 2800.1.
However, if the charge is elevated to felony evading under Vehicle Code 2800.2 or if the evasion resulted in injury or death under Vehicle Code 2800.3, your gun rights could be significantly affected.
Related Offenses
Several offenses are closely related to evading a peace officer under Vehicle Code 2800.1. These related crimes often come into play in cases involving aggravated circumstances, such as reckless driving, causing injury, or resisting arrest. They include the following:
Reckless Evading (Vehicle Code 2800.2)
Felony reckless evading is defined under the vehicle code 2800.2. The offense occurs when you flee from a police officer, and while doing so, you drive in a negligent manner likely to endanger the lives of persons or property. Some examples of reckless driving include running through stop signs, speeding beyond the set limits, and driving through congested places.
For you to be charged with reckless evading, the prosecution has to prove that you had the intention of evading the peace officer and also that your manner of driving was dangerous to other people. For example, driving at high speeds while changing lanes or running a red light could be deemed to be reckless enough.
If convicted under Vehicle Code 2800.2, you could face penalties much worse than those under Vehicle Code 2800.1. The charge is a wobbler, which means that the prosecutor has the discretion of charging you with a misdemeanor or a felony.
A felony conviction could see you face up to three years in state prison, fines, and probation. Moreover, a felony conviction could deprive you of the right to bear firearms and may cause limitations in future employment.
Evading a Peace Officer Causing Death or Injury (Vehicle Code 2800.3)
You commit a much more severe crime if, while evading a peace officer, you cause bodily injury or death. Vehicle Code 2800.3 states that it is a felony to flee from law enforcement personnel and, in the process, harm somebody.
For example, if you knock down someone while fleeing at high speeds or cause an accident that results in the injury of another car driver, the prosecution can charge you under this statute. Penalties under VC 2800.3 are much more severe than those for VC 2800.1. If someone is injured, you could be sentenced to serve three to seven years in prison. If your actions result in someone’s death, the penalty rises to four to ten years in prison.
A conviction under VC 2800.3 could also have life-altering consequences. It could affect your ability to find employment, housing, obtain professional licenses, and possess firearms.
Resisting Arrest (Penal Code 148(a)(1))
Penal Code 148(a)(1) makes it unlawful to interfere with, hinder, or prevent a peace officer from conducting their lawful duties. This charge usually follows fleeing a peace officer, more specifically, when you use force or words in resisting arrest by the police. You can resist arrest by pulling away from the officer, running, or interfering with the investigation in any way and disobeying the officer’s commands.
Even though Penal Code 148(a)(1) is a misdemeanor, the consequences can be quite severe depending on the circumstances. An infraction may result in a maximum of one year imprisonment in jail and a fine of up to $1000. Additionally, a resisting arrest conviction can have an impact on your employment and professional licensing.
You should note that any movement, including delay in obeying the police officer’s command, may result in a resisting arrest charge. However, a good defense lawyer might be in a position to convince the court that you were simply confused, afraid, or misinterpreting the officer’s commands rather than trying to defy him or her intentionally.
Find a Criminal Defense Attorney Near Me
The penalties for violating Vehicle Code 2800.1 can be severe, and with a permanent stain on your criminal record, you want to hire a competent and reliable criminal defense attorney who will help you build solid defenses. Your lawyer will help you convince the judge to dismiss your charges or have them reduced.
If you or a loved one are facing charges for violating Vehicle Code 2800.1, you want a lawyer with experience defending defendants accused of evading a peace officer. At the Law Offices of Anna R. Yum, we know how overwhelming it can feel to face the law. We have experienced lawyers who are ready to fight for your rights, build solid defenses, and ensure that you understand the legal process.
Do not face the judge alone. Contact us today at 619-493-3461 to schedule a confidential consultation so that we can work toward safeguarding your future.
