Evading Lawful Orders from the Police

Vehicle Code § 2800.1 makes it a crime for a person to fail to stop when a police officer commands that person to stop.

Evading a Police Car under Vehicle Code § 2800.1

Vehicle Code § 2800.1(a) makes it a crime for any person who, while operating a motor vehicle and with the intent to evade, willfully flees or otherwise attempts to elude a pursuing peace officer’s motor vehicle, if all of the following conditions exist:

1. The peace officer’s motor vehicle is exhibiting at least one lighted red lamp visible from the front and the person either sees or reasonably should have seen the lamp.
2. The peace officer’s motor vehicle is sounding a siren as may be reasonably necessary.
3. The peace officer’s motor vehicle is distinctively marked.
4. The peace officer’s motor vehicle is operated by a peace officer wearing a distinctive uniform.

Evading orders from a Police Officer on a Bicycle under Vehicle Code § 2800.1

Vehicle Code § 2800.1(b) makes it is a crime to evade a police officer riding a distinctively marked bicycle where the peace officer gives a verbal command to stop, sounds a horn, uses hand signals to command the person to stop, and the person refuses to comply with the command to stop despite being aware of the command.

Punishments for Violations of Vehicle Code § 2800.1

A violation of Vehicle Code § 20 is a misdemeanor punishable by up to one year in prison.

Defenses to Vehicle Code § 2800.1

1. You did not intend to evade the police officer
2. The initial traffic stop was illegal
3. Necessity