Evading a peace officer is a misdemeanor offense, punishable by up to 1 year in jail.
For many people, the sight of a police officer’s lights in their rearview mirror brings a feeling of dread. Even if you don’t think that you did anything wrong, being pulled over by the police is never pleasant. But what happens if you decide to hit the gas instead of pulling over to the side of the road?
In California, fleeing from a police officer who is pursuing you in a car or on a bike is a criminal offense. Evading a peace officer is a misdemeanor offense. According to a criminal defense attorney in Los Angeles, CA, this means that you could be sentenced to up to 1 year in jail and/or a fine of up to $1,000. Alternatively, you could be put on probation instead of jail time.
Under California law, it is a crime to willfully evade the police in a vehicle. This criminal offense has 3 elements:
- A police officer driving a motor vehicle was pursuing the defendant;
- The defendant was driving a motor vehicle and willfully fled from or tried to elude the officer, with an intent to evade the officer; and
- All of the following were true at the time:
- There was at least one lighted red lamp visible from the front of the peace officer’s vehicle;
- The defendant either saw or reasonably should have seen the lamp;
- The peace officer’s vehicle was sounding a siren as reasonably necessary;
- The peace officer’s vehicle was distinctively marked; AND
- The peace officer was wearing a distinctive police uniform.
This crime does not require proof that a person intended to break the law. Instead, it is enough to show that a person acted willfully, or on purpose. In other words, if you hit the gas when you see a police officer who is trying to pull you over, it doesn’t matter if you didn’t mean to break the law or didn’t even have a good reason to try to flee. It only matters that you did it on purpose (i.e., not by accident) with an intent to evade the officer.
Importantly, both the police vehicle and the police officer must be distinctively marked. This means that the vehicle and the officer must be readily apparent as law enforcement. A vehicle that has a red lamp, siren and another feature that makes it distinct from other passenger vehicles is usually enough to be considered distinctively marked. A distinctive uniform means the uniform that has been adopted by a law enforcement agency — a badge alone is not enough.
There are a number of possible defenses to the charge of evading a police officer. For example, a criminal defense attorney in Los Angeles, CA may argue that you didn’t have a specific intent to evade the police. Perhaps you just didn’t see the lights or realize that you were being pulled over. Similarly, if the police car didn’t have a flashing light on, then you cannot be convicted of this crime.
If you have been charged with evading a peace officer, the Chambers Law Firm will advocate for your rights. We have substantial experience representing clients who have been charged with a range of California criminal offenses, including both minor and serious charges. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free case evaluation with a criminal defense attorney in Los Angeles, CA.
