San Diego Criminal Lawyer Stefano Molea breaks down the two types of charges related to allegations of evading a peace officer. Understanding the difference can mean the difference between a felony and a misdemeanor or no conviction at all.
Office Address:
Law Office of David P. Shapiro
3500 5th Avenue
Suite 304
San Diego, CA 92103
619-295-3555
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Hi. Stephano Molea, San Diego criminal defense lawyer and partner at the Law Office of David P. Shapiro, where we help good people regain control of their future when charged with a crime. Sometimes people panic when they see police lights behind them and they don't stop as directed. Other times, people have their heads in the cloud and don't notice that a police officer is trying to pull them over.
The bottom line is that if a police officer tries to pull you over and you don't stop for a substantial period of time they can arrest you for evading a peace officer. Let's break down what the law actually requires, because you should know that just because someone is cited or arrested doesn't mean that the facts are sufficient for a conviction.
Under Vehicle Code Section 2800.1, if a cop tries to pull you over while driving a marked police vehicle with at least one red lamp that was or should have been visible by you while the cop was wearing a uniform in the car, and you willfully flee or try to elude the officer with the intent to evade, you could be convicted of a misdemeanor with a possible one year in jail, and it can also lead to a point on your driving record.
If you do all of the above plus any of the following, the charge will be elevated to a felony evading under Vehicle Code Section 2800.2, with either 16 months, two years or three years in prison, or since it's a wobbler, a one-year misdemeanor with a minimum of six months in jail.
One, if you drove with willful, wanton disregard for people or property, or during the pursuit you cause damage to property, or three, you committed three or more violations, each of which would make you eligible for a traffic violation point. By the way, a conviction under 2800.2 of the vehicle code will count as two points on your driving record.
There you have it, a breakdown of evading a police officer. If you have any questions, give me a call. Stefano Molea, San Diego criminal defense attorney, 619-295-3555.
