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Evading A Police Officer in California - Vehicle Code 2800.1 VC

Posted by Bulldog Law | Jan 29, 2025

Vehicle Code 2800.1

It is against the law in California to flee from police officers if they are following you. California Vehicle Code Section 2800.1 states that you can be charged with the crime of evading police officers if you flee or attempt to evade them while driving a vehicle.

Whenever a California officer pulls over a vehicle within the state, two things usually occur. Either the driver pulls over to one side or the other. In some cases, the driver may refuse to pull over and weave in and out of traffic in an attempt to evade the officer.

California Vehicle Code SS 2800.1 states that an individual cannot attempt to evade or escape a California peace officer. It is closely related to California Vehicle Code 2800.2 known as Felony Reckless Evading.

Vehicle Code 2800.1 for evading an officer is considered a misdemeanor. It carries a maximum penalty not exceeding one (1) year in county jail and a possible fine of up $1,000. This is a lower penalty than the more serious SS 2800.2 Felony Reckless Evading, or even wearing a disguise to evade police, which can either be charged as a misdemeanor or a felony.


What Is California Vehicle Code SS 2800.1 Prohibiting?

To be found guilty of violating Vehicle Code SS 2800.1, you must meet the following requirements:

  •  Drive a motor vehicle 
  • Willfully try to flee from police officers  
  • While the officer is following you on a bicycle or in a car  

Definition of "Evading A Peace Officer" as Stated By Vehicle Code SS 2800.1  

To be found guilty of evading or fleeing from an officer, the prosecution must prove these things:

Marked vehicle: The police officer must have followed you in a marked vehicle, including a car, bicycle, or motorcycle. This ensures that the public is safe from non-officers with sirens or lights.
Willfulness: The prosecution must prove that you have willfully fled the police or attempted to escape them. You did not "willfully" flee the police if you drove for a brief time due to unsafe conditions.
Intent: It must be proven that you intended to evade an officer.
Red Light: The police vehicle had at minimum one visible red light you saw or should have seen. The evidence must show that the police vehicle had a visible red light that meets visibility requirements.
Uniform: An officer must be wearing a distinctive uniform. This may not have included a plain-clothed officer with a badge.

Sentence and Punishment for Evading a Police Officer in California (VC 2800.1)

A misdemeanor is a conviction for evading police officers. If the prosecution can prove the elements of the crime, you will be convicted of evading police officers under California Vehicle Code Section 2800.1. You will face:

  • 364 days maximum sentence in county jail
  • Maximum fine of $1,000
  • Both prison and fine

Vehicles used to evade police officers can be seized and impounded for up to 30 days as stated in California Vehicle Code Section 14602.7.

Possible Defenses Against Evading A Police Officer Charge (VC 2800.1)

A skilled criminal defense lawyer can help you raise many defenses to get the best result possible in your case. These are:

  • No intent 
  • Improper police procedure
  • Insufficient evidence 
  • Emergency

The key element of the crime of evading police officers is intent. This must be proved by the prosecution to be convicted. California Vehicle Code Section 2800.1 states specifically that anyone who willfully tries to evade or flees a peace officer is guilty of a misdemeanor. You should not be convicted if you didn't intend to evade officers.
 
The police car wasn't marked.

Example: A vehicle being driven by a peace officer doesn't have an insignia, logo, or other design elements that make it different from regular vehicles.

The insignia was not visible on the police car, and you didn't pull over as you were worried about your safety thinking that it was a person pretending to be an officer. You cannot be convicted for evading an officer because the vehicle was not properly marked.

You had an emergency. 

Example: Your wife had severe allergies and was having an allergic reaction to the food she ate. You drove to the hospital even though an officer tried to pull you over.

The prosecution can't prove that you intentionally attempted to evade police but instead were focused on your spouse's safety.

You didn't intend to evade the police.

Example: A young woman is returning from work at night and is driving home. She cannot see in the dark vehicle and pull over, so she continues driving until she arrives at a well-lit public place.

The driver didn't willfully avoid the police and should not have been convicted.

If you get arrested on suspicion of evading an officer, you should talk to a criminal defense attorney. A lawyer can help you by providing information regarding your charges and ways to work with law enforcement to get the reduced charges that you may deserve. Once you are charged, the prosecution has to prove its case beyond a reasonable doubt to win a conviction. Your California criminal defense attorney will help defend your case and provide information on the best ways to help you avoid conviction for evading an officer.

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