Evading a police officer is a misdemeanor offense.
It may be a natural instinct — you see flashing lights in your rearview mirror, and instead of hitting the brakes, you hit the gas. Nobody wants to be pulled over by the police after all, and so you attempt to outrun the cops instead of stopping. But doing so can actually land you in a world of trouble — and result in additional charges on top of whatever the police were pulling you over for in the first place.
Under California law, it is a crime to evade a police office if you are driving a motor vehicle and willfully attempt to flee from a law enforcement officer who is pursuing you in a car or on a bike. This crime is a misdemeanor offense, and to prove it, the prosecutor must demonstrate five elements:
- You had a specific intent to evade the officer;
- The officer’s vehicle exhibited at least one lighted red lamp visible from the front, and you either saw it or should have seen it;
- The officer’s vehicle sounded 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.
If you are convicted of evading a peace officer, you could face up to one year in county jail, and a fine of up to $1,000. In addition, the car that you were driving at the time could be impounded for up to thirty days.
Of course, there are many potential defenses to the charge of evading a peace officer. A Riverside defense lawyer can argue that you did not have the intent to evade the officer. For example, assume that you are driving on a busy freeway, and are nervous because you usually stick to smaller, less busy roads. You hear and see the sirens behind you, but ignore them, because you assume they are for another car. Your focus is solely on the road, because you are nervous — again, you don’t usually drive on such major roads, and your intent is simply to stay safe on the road. If you are charged with evading a peace officer because you continued to drive rather than slow down and pull over, your Riverside defense lawyer could argue that you did not willfully evade the officer. You didn’t realize that the sirens were for you, because you were so intent on the road.
It is also important that the car in question was appropriately marked. California law requires that the peace officer’s car have at least one red lighted lamp visible from the front of the officer’s vehicle, that the officer’s siren be sounded, and the officer’s car be distinctively marked (which could include the seal of the police department, flashing blue or clear lights or flashing headlights). If an undercover police vehicle without these markings attempts to pull you over and you do not stop, then your Riverside defense lawyer could argue that this does not meet the elements of the crime — because the car was not distinctively marked as required.
If you have been charged with evading a peace officer or any other crime in Riverside or the surrounding areas, the Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation. We will work hand in hand with you to put together the best possible defense to your charges.
