California Vehicle Code (CVC) § 2800.1 goes over the type of situation that would leave a California driver guilty of purposely evading or fleeing a pursuing law enforcement officer. At the very least, the offending driver would be guilty of a misdemeanor and could face jail time.
Drivers can be confused when spotting an officer possibly following them. The law goes over the circumstances that must be in place for a motorist to be found guilty of evading police.
When Am I Guilty of Police or California Highway Patrol Officers?
California’s freeways are famous for their high-speed dangerous chases. Some drivers purposely flee the police and end up on television. They can also endanger themselves, pursuing officers, and other motorists on the road.
According to CVC 2800., motorists must not fail to comply with an order, a signal, or direction from a law enforcement officer.
CVC 2800.1. goes further into when a failure to comply constitutes an attempt to evade police:
“(a) 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, is guilty of a misdemeanor punishable by imprisonment in a county jail for not more than one year 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, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, and that peace officer is wearing a distinctive uniform.”
When drivers see police lights and hear a siren behind them, they should stop as long as the vehicle is correctly marked and the officer is in a proper uniform.
A similar list of conditions exists for motorists who purposely flee an officer on a bicycle.
Punishment for Leading a California Police Chase
As seen above, an incident that only involves an attempted fleeing from police would usually lead to a misdemeanor, punishable by up to a year in a county jail.
However, if a flight from justice includes a certain number of reckless moves on a roadway that could have injured someone, the penalty can include fines and additional jail time.
“(a) 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.”
And any police chase that results in someone being injured or killed would likely earn felony charges. According to CVC 2800.3, a guilty driver who caused serious bodily harm to someone else during the chase might face time in a state prison of up to 7 years, up to one year in a county prison, and/or fines between $2,000 and $10,000.
A driver who caused the loss of life would face anywhere from 4 to 10 years in state prison.
Contact a California Car Accident Lawyer
After a car accident on a California road involving a serious injury, you should talk over your case and your options with a California Car Accident Lawyer at Maison Law. If your crash was caused by a reckless driver who was fleeing officers, the guilty party should be fully supporting your recovery.
Schedule a free, no-obligation consultation with one of our skilled attorneys. It’s a chance to determine how much a reckless driver should be providing to you. And if you need our help to make sure insurance companies take full responsibility for your damages, you won’t need any upfront money. Maison Law doesn’t get paid unless we win your case for you. Then our fee comes out of the settlement a car insurance company must provide.
