California Vehicle Code (CVC) makes evading a police officer illegal.
Further legislation adds additional punishment for drivers who flee police in a reckless manner, endangering others. The penalties only grow when an accident is caused and injuries or a fatality result.
- If a person flees or attempts to elude a pursuing peace officer in violation of Section 2800.1 and the pursued vehicle is driven in a willful or wanton disregard for the safety of persons or property, the person driving the vehicle, upon conviction, shall be punished by imprisonment in the 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.
The Basic Requirements for Evading a Police Officer
CVC 2800.1 establishes that fleeing any peace officer’s motor vehicle is a misdemeanor. This code can apply even when the suspect does not take reckless action. It can be charged when no accidents are caused.
The code applies when someone intentionally flees officers as long as a few factors are involved.
The officer must have exhibited at least one lighted red lamp that should have reasonably been seen by the driver. The officer sounded a siren if necessary for the situation. The officer’s vehicle was appropriately marked. The driver of the vehicle was an officer wearing an appropriate uniform.
The baseline misdemeanor charge can lead to up to a year in county jail, a fine of up to $1,000 (with the addition of court fees), or both a fine and jail time.
When Evading Police Earns Jail Time in California
CVC 2800.2 and 2800.3 deal with evasion that involves “…willful or wanton disregard for the safety of persons or property…” or when accidents are caused and injuries or fatalities occur.
Reckless Evading: Drivers charged under CVC 2800.2 would be shown to have taken action during their flight from an officer that put others at risk. That might be pedestrians, bicyclists, other motorists, or the officers involved in a chase. This can be charged as a misdemeanor or a felony. Misdemeanor charges can include serving from 6 months to a year in county jail. Felony charges can carry a jail term of 16 months up to 3 years. For either, fines of $1,000 to $10,000 (plus court fees) can be levied.
Evading Causing Serious Bodily Injury: Drivers charged under CVC 2800.3(a) may face a misdemeanor or a felony charge. If the suspect causes an accident and the accident leaves a victim with a serious injury, a misdemeanor charge can lead to a punishment of up to a year in county jail. A felony charge can result in a sentence of three to seven years in prison. A fine of $2,000 to $10,000 (plus court fees) is possible for both options. Offenders might also face both a financial penalty and imprisonment.
Evading Causing Death: Drivers charged under CVC 2800.3 (b) would be hit with a felony charge. Causing a fatal accident while fleeing police can lead to between 4 and 10 years in state prison. Other California laws regarding unlawful death can also apply, adding to the punishment.
Winning Support for Victims Hurt by Fleeing Drivers
Drivers who run from police and cause accidents can face many different charges. They may go before a judge and jury.
However, victims hurt in those accidents can also file civil claims and seek support for the enormous costs of recovery. This is a separate case from the criminal proceedings, and it can move forward even if the fleeing driver’s charges haven’t been resolved.
In a personal injury case, an injured victim can ask the suspect’s insurer for help with medical bills. They can receive reimbursement for the paychecks they lose while they are on the couch and unable to work. They must receive support for the pain and suffering they endure.
Families are also empowered to seek justice and support after a fatal accident. They can ask the suspect’s car insurance provider for benefits like full payment of burial costs. They should demand help with the lost income the victim may have supported the family with. They should also receive support for the emotional trauma they’ll continue to cope with.
See: What family members can file a wrongful death claim after a car accident?
How to Know If I Need a Lawyer After a California Accident?
If you are seriously hurt by a driver’s decision to flee police, it’s a good idea to talk over your case with a skilled California car accident lawyer. Your lawyer can help you gather all evidence to make sure the blame and responsibility stay with the reckless driver.
Your lawyer can also often earn you much more to pay for your injury recovery. That’s often much more than you could earn on your own.
Maison Law offers a free case consultation to all injured California accident victims and their families. It’s confidential, and it comes with no obligation. If you do need our help, you don’t have to worry about how to afford a lawyer. We don’t get paid unless we win your case, and then our fee comes out of the settlement you earn.