Drivers in California can face criminal charges if they try to evade the police to avoid a ticket or a traffic stop. Some drivers may be charged with a misdemeanor. Drivers that behave recklessly may even face felony charges under California Vehicle Code Section 2800.2: Reckless Evading of a Peace Officer.
You can learn more about the specific definition of reckless evading of a peace officer with the Simmrin Law Group. Find out how this charge differs from California Vehicle Code Section 2800.1: Evading a Peace Officer and learn about possible penalties right here.
Misdemeanor vs. Felony Evading of a Peace Officer Charges
The state of California uses VC 2800.1 to prosecute drivers who attempt to evade peace officers without behaving recklessly. Any driver who ignores a peace officer that is wearing an official uniform and legally signally them to stop can be charged under VC 2800.1, even if they do not behave in a dangerous way.
Note that – to be charged with evading a peace officer – the peace officer must:
- Have At Least 1 Red Light Visible on Their Vehicle
- Sound a Siren as Necessary
- Be Driving a Distinctively Marked Vehicle
- Be Wearing a Distinct Uniform
VC 2800.1 is prosecuted as a misdemeanor in California. It also forms that basis for VC 2800.2 charges. VC 2800.2 may be a misdemeanor or a felony. It comes with more serious charges, though both VC 2800.1 and VC 2800.2 begin with the same decision: attempting to evade a peace officer.
The Exact Definition of Reckless Evading of a Peace Officer
As we mentioned, both VC 2800.1 and VC 2800.2 charges involve attempting to get away from a peace officer after a driver is signaled to stop with:
- Verbal Commands
- Hand Signals
- Horn Signals
VC 2800.2 charges are more serious because a driver behaves recklessly in order to evade a peace officer, thereby endangering other people. The court system is very specific about what constitutes reckless driving when evading a peace officer. Drivers may demonstrate reckless disregard for others if they:
- Cause Property Damage
- Commit at Least 3 Traffic Violations After Being Signaled to Stop
The traffic violations must be able to add at least 1 point to a driver’s license to apply for a VC 2800.2 charge.
Penalties for a VC 2800.2 Conviction
Reckless evading of a peace officer can be charged as a misdemeanor or a felony in California. The penalties for VC 2800.2 can include:
Misdemeanor Reckless Evading of a Peace Officer:
- Jail Time: Up to 1 Year
- Fines: Up to $1,000
Felony Reckless Evading of a Peace Officer
- Prison Time: Up to 3 Years
- Fines: Up to $10,000
A conviction can also allow the court to impound your vehicle.
Note that drivers can face more severe charges under California Vehicle Code Section 2800.3: Evading a Peace Officer and Causing Death or Serious Bodily Injury. Drivers who hurt or kill another person with their reckless behavior can end up facing:
- Jail Time: Up to 1 Year
- Prison Time: Up to 10 Years
- Fines: Up to $10,000
Defenses for Reckless Evading of a Peace Officer Allegations
As you can see, a conviction for recklessly evading a peace officer can have serious impacts on your life. You can increase the odds that you will beat a VC 2800.2 charge by contacting a Los Angeles criminal defense lawyer right now. Your lawyer can work to show:
You Did Not Intend to Evade a Peace Officer
VC 2800.2 charges should only apply if you intentionally tried to evade a peace officer. If you do not realize a peace officer was trying to stop you, you may be able to avoid a conviction under VC 2800.2. However, you could face other charges if you were still operating a vehicle recklessly.
You Were Forced to Evade a Peace Officer
You may be forced to try to get away from a peace officer against your will. Sometimes, other passengers will threaten drivers into operating their vehicles in dangerous ways. If you were driving under duress, you may be able to avoid a VC 2800.2 conviction.
A Lawyer Can Help You Handle VC 2800.2 Charges
A conviction under California Vehicle Code Section 2800.2: Reckless Evading of a Peace Officer can lead to fines and incarceration. Get help addressing these charges head-on by contacting the Simmrin Law Group now. Get a FREE initial case evaluation from our Los Angeles criminal defense lawyers right now.
You can speak with us by completing our online contact form, or by calling (310) 896-2723.