Evading

Practice Areas

CALIFORNIA VEHICLE CODE §2800.1

If an officer attempts to pull you over and you intentionally refuse to pull over, you could be charged with evading per Vehicle Code 2800.1, a misdemeanor.  Maximum penalty will be 364 days in the county jail and a $1,000 fine.

The prosecution must prove that the officer was pursuing you in a marked vehicle and you willfully refused to stop.

CALIFORNIA VEHICLE CODE §2800.2

Reckless evading a police officer could be a misdemeanor or a felony. If convicted of a misdemeanor, the penalty is up to 364 days in county jail and $1,000 fine. Felony evading could result in 16 months, two years, or three years in state prison and a maximum of $10,000 fine.

DEFENSES TO EVADING A PEACE OFFICER

– Unmarked police vehicle

– An emergency situation

– No intent to evade

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