Evading a Peace Officer
The California vehicle code 2800.1 VC, prohibits Evading a Peace Officer and it says any person that willfully flees or attempts to elude a pursuing peace officer’s motor vehicle while operating a motor vehicle is guilty of a misdemeanor. This crime is a specific intent crime, meaning you intentionally wanted to get rid of the officer trying to pull you over for whatever reason. The peace officer’s lamp is in front of the motor vehicle and thus everyone should have seen the red lamp reasonably. Furthermore, officer’s motor vehicle also has a siren with a sound and vehicles are very distinct. For these reasons, it is unreasonable that one does not notice officers or vehicles that officers drive. The California Supreme Court also says that officer’s vehicle is “distinctively marked”. However, officers must be in distinctive uniform for the purpose of Evading a Peace Officer. The punishment for evading a pursuing cop, which is a failure to submit to an inspection of equipment or for an unsafe condition endangering any person, is a maximum of $50 or five days jail. If there were repeat offenders, penalties would be harsher. The prosecutor will look for the fact whether you willfully fled, the person’s awareness of being pursued by police, and officer’s distinctively marked features. Also, they will look for the fact what was your specific intent to flee. In addition to evading a pursuing cop, resisting arrest offense is either interfering or delaying police officers in duty. However, if you can prove that you did not have any intention to flee and willfully fled, then it will not be guilty. For example, the driver might have been distracted by something or might have been in situation where he or she could not stop the car. Depending on the situation, this could be charged either felony or misdemeanor. Resisting arrest offense or Evading a Peace Officer may include followings: refusing to cooperated, delaying the arrest process, threatening an officer, refusing to provide identification information, attacking an officer, or attempting to get out of restraints.