Evading - CVC 2800.1(a) - When an Officer Says “Stop!”

It is important to understand that whenever you are driving your car, you may be stopped by Law Enforcement Officials. If you are signaled to stop by an Officer, and you keep driving, you may be in violation of California Vehicle Code (CVC) 2800.1(a), which reads:

California Vehicle Code (CVC) 2800.1. 

(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.

For example: If you are driving on the freeway and notice a CHP Vehicle pulling you over, but you speed up and keep driving because you don’t have a license, you may be in violation under this code, as well as others!

But, if you are driving your pregnant wife to the hospital and see the same CHP vehicle behind you, but do not stop because she is about to give birth, you may have a defense to the charge.  The crime of Evading is a crime of Specific Intent, that is that you must be willfully attempting to evade Law Enforcement.  If you were continuing to drive because you were worried about a baby being born in your car, you weren’t really driving to evade the police.  If you didn’t specifically intend to flee the officer, then you weren’t evading them.

If you or a loved one has been cited or arrested for CVC 2800.1 (Evading a Police Officer) please don’t hesitate, call The Law Offices of Bryan R. Kazarian for a free consultation 855-918-4253.