Felony Reckless Evading of the Police
Vehicle Code § 2800.2
Vehicle Code § 2800.2 makes it a crime to flee or attempt to escape from a pursuing police officer after the officer has commanded the person to stop and the person has failed to stop under Vehicle Code § 2800.1. To be found guilty under Vehicle Code § 2800.2, the person driving the pursued vehicle must have driven in a willful or wanton disregard for the safety of persons or property.
This means that a conviction under Vehicle Code § 2800.2 requires, 1) a violation under Vehicle Code section 2800.1 for failing to obey a command from a police officer to stop, and 2) reckless driving.
“Willful and Wanton Conduct” under Vehicle Code § 2800.2
A “willful or wanton” disregard for the safety of persons or property includes, but is not limited to, driving while fleeing or attempting to elude a pursuing peace officer during which time either three or more violations that are assigned a traffic violation point count under Vehicle Code § 12810 occur, or damage to property occurs.
Three Traffic Violations under Vehicle Code § 2800.2
To be convicted under Vehicle Code § 2800.2, the person must have committed three traffic violations that carry a DMV point count under Vehicle Code § 12810. These traffic offenses include a conviction for failing to stop at the scene of an accident, reckless driving, and failing to properly secure a child in a seatbelt.
Punishments for Vehicle Code § 2800.2
Violations of Vehicle Code § 2800.2 is punishable by imprisonment in state prison, or by confinement in the county jail for not less than six months nor more than one year.
The court may also impose a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or may impose both that imprisonment or confinement and fine.
Defenses to Vehicle Code § 2800.2
- You did not intend to evade the police officer.
- You were not driving recklessly.
- You did not commit three traffic violations that carry a DMV point count.
- Your voluntary intoxication made it impossible for you to have intended to evade the police.
