Evading a Police Officer

Evading a peace officer, sometimes called “fleeing from police” or “failure to yield”, is a serious criminal offense in California. It occurs when a driver willfully attempts to flee or elude law enforcement after being given a clear signal to stop.

Under California Vehicle Code §2800.1, it is a misdemeanor to evade a police officer in a marked vehicle that is displaying visible red lights and sounding a siren. However, if the evasion involves reckless driving, high-speed pursuit, or results in injury or death, the offense can be charged as a felony under Vehicle Code §§2800.2–2800.3.

Even if no collision occurs, an evading charge can lead to jail time, license suspension, and a permanent criminal record, and prosecutors often pursue these cases aggressively because they are considered threats to public safety.

San Diego Evading a Police Officer Defense Attorney

Attorney Michael Cindrich has successfully represented clients throughout San Diego County accused of evading, reckless driving, and other serious vehicular crimes. He understands that not every high-speed incident or failure to immediately stop constitutes intentional evasion.

Sometimes drivers panic, fail to notice emergency lights, or search for a safe location to pull over. Attorney Cindrich investigates each case carefully, reviewing dash-cam footage, pursuit reports, and officer testimony, to uncover errors or inconsistencies that can lead to a reduction or dismissal of charges.

The Law Offices of Michael E. Cindrich defend clients across San Diego County, including Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, and San Diego proper.

Call (619) 262-2500 for a free, confidential consultation.

Overview of Evading a Police Officer Charges in San Diego

Definition of Evading a Peace Officer
Evading on Foot vs. Evading in a Vehicle: Key Legal Differences
Levels of Evading Charges in California
Key Elements a Jury Considers in Evading Cases
Defenses to Evading a Peace Officer Charges
Role of a San Diego Evading Defense Attorney
Frequently Asked Questions
Additional Resources

Definition of Evading a Peace Officer

Under California Vehicle Code §2800.1, a driver commits the crime of evading a peace officer when:

They are operating a motor vehicle.
A peace officer driving a distinctively marked vehicle gives a visual or audible signal to stop, such as flashing red lights and sirens.
The driver willfully flees or otherwise attempts to elude the officer.
The officer is performing official duties and wearing a distinctive uniform.

The act must be intentional, meaning the driver knowingly chose not to stop despite recognizing law enforcement’s lawful command.

Evading on Foot vs. Evading in a Vehicle: Key Legal Differences

While both offenses involve avoiding or fleeing from law enforcement, California law treats vehicle evasion and on-foot evasion very differently. The distinction between these two crimes determines the potential penalties, the severity of the charge, and how the prosecution approaches the case.

Evading in a Vehicle – Vehicle Code §§2800.1–2800.3

This is the more serious of the two offenses. Vehicle evasion occurs when a driver knowingly and willfully flees from a police officer who is attempting to stop them.

To qualify under these sections, the officer must be:

Driving a distinctly marked patrol vehicle,
Displaying red lights and a siren, and
In uniform at the time of the pursuit.

Because vehicle pursuits pose significant public danger, prosecutors and courts view them as criminal conduct rather than simple disobedience. Depending on whether the driving was reckless or caused injury, charges can range from a misdemeanor to a felony, with penalties including:

Up to 10 years in prison for cases causing death (§2800.3).
Vehicle impoundment and license revocation.
Substantial fines and restitution if property damage or injuries occur.

Evading or Resisting on Foot – Penal Code §148(a)(1)

In contrast, evading on foot typically falls under Penal Code §148(a)(1), which criminalizes “resisting, delaying, or obstructing a peace officer” in the performance of their duties.

This law covers conduct such as:

Running from officers during a lawful stop or detention,
Refusing to comply with lawful commands, or
Interfering with an ongoing investigation or arrest.

Unlike vehicular evasion, this offense is generally charged as a misdemeanor, punishable by:

Up to 1 year in county jail,
Fines up to $1,000, and
Probation or community service.

However, if the defendant uses force or violence against an officer, the charge can escalate to resisting arrest with force (Penal Code §69) — a felony carrying up to 3 years in state prison.

Overlap Between the Two Offenses

In some cases, prosecutors may file both charges if the driver allegedly fled by vehicle and then continued to flee on foot after stopping. For example, a driver who leads police on a high-speed chase and then runs from the scene could face:

Felony evading (§2800.2 or §2800.3), and
Misdemeanor resisting (§148).

A skilled defense attorney can argue against multiple charges for what was essentially one continuous act of flight, potentially leading to consolidation or dismissal of overlapping counts.

Why the Difference Matters

Understanding the distinction between evading on foot and in a vehicle is critical for defense strategy:

Intent plays a much greater role in vehicle evasion cases.
Officer conduct, such as use of lights, sirens, or uniform, is often the deciding factor in whether a Vehicle Code violation occurred.
Penal Code §148 allows broader defenses based on misunderstanding, fear, or lack of clear commands, while Vehicle Code §2800 cases hinge on proof of willful evasion.

Because prosecutors treat vehicle pursuits as inherently dangerous, they often seek harsh penalties. Defending these cases effectively requires showing that the driver’s actions were not deliberate evasion, but rather the result of confusion, fear, or miscommunication.

Levels of Evading Charges in California

Misdemeanor Evading (Vehicle Code §2800.1)

This is the most common form of evading, charged when a driver simply fails to pull over for police.

Penalties include:

Up to 1 year in county jail
Fines between $1,000 and $10,000
Probation for up to 3 years
Vehicle impoundment for up to 30 days
Driver’s license suspension

Felony Reckless Evading (Vehicle Code §2800.2)

This charge applies when the driver evades police while driving recklessly, for example, speeding excessively, running red lights, or endangering others.

Penalties include:

Up to 1 year in county jail (misdemeanor) or
16 months, 2 years, or 3 years in state prison (felony)
Fines up to $10,000
License suspension and probation

Evading Causing Injury or Death (Vehicle Code §2800.3)

If the driver’s attempt to flee causes bodily injury or death, prosecutors may file felony charges under §2800.3.

Penalties include:

3, 5, or 7 years in state prison if another person is injured
4, 6, or 10 years if another person dies as a result of the evasion
Restitution to victims
Permanent license revocation

Evading on a Bicycle (Vehicle Code §2800.1(b))

Even bicyclists can be charged with evading if they ignore a lawful order to stop from a uniformed officer in a marked patrol vehicle or on a marked police motorcycle.

Key Elements a Jury Considers in Evading Cases

To convict someone of evading a peace officer, the prosecution must prove the following elements beyond a reasonable doubt:

The defendant was driving a motor vehicle.
A peace officer in a marked vehicle was pursuing the defendant.
The officer activated red lights and sirens visible and audible from a reasonable distance.
The defendant willfully fled or attempted to elude the officer.
The officer was lawfully performing their duties and wearing a recognizable uniform.

If any of these elements are missing, for example, if the vehicle was not clearly marked or the driver didn’t see the signal to stop — a conviction cannot stand.

Defenses to Evading a Peace Officer Charges

Common defenses include:

Lack of Intent: The driver did not willfully try to flee; they may have been searching for a safe location to stop or were unaware of the officer.
Improper Police Conduct: The pursuing officer failed to follow departmental procedures or used an unmarked vehicle.
Emergency Circumstances: The driver continued briefly due to a medical emergency, unsafe area, or other immediate concern.
Mistaken Identity: Another driver or vehicle was responsible for the evasion.
Insufficient Evidence: No reliable proof (e.g., dash-cam, video, or witnesses) confirms the driver’s intent to evade.
Unlawful Stop or Arrest: If the officer lacked reasonable suspicion or probable cause, any resulting evidence may be suppressed.

An experienced defense attorney can use these defenses to negotiate a reduction to a lesser offense, such as failure to yield or simple traffic infractions, and to protect the client’s driving record.

Role of a San Diego Evading Defense Attorney

Evidence Review and Analysis: Examine police reports, pursuit logs, video footage, and radio communications for inconsistencies.
Challenging Officer Conduct: Investigate whether the officer’s lights, sirens, or identification met legal requirements.
Negotiation for Lesser Charges: Seek reductions to reckless driving or traffic violations to avoid jail and felony records.
DMV Representation: Protect your driving privileges in parallel administrative proceedings.
Trial Defense: Develop a strong argument to show the absence of intent, improper identification, or insufficient proof.
Post-Conviction Relief: Pursue expungement or record sealing under Penal Code §1203.4 when eligible.

Frequently Asked Questions

Q: Is evading police always a felony?

A: No. Basic evading is a misdemeanor under Vehicle Code §2800.1, but reckless evasion or evasion causing injury is a felony.

Q: Can I be charged if I didn’t realize the police were following me?

A: Lack of intent is a valid defense. Prosecutors must prove you knew an officer was signaling you to stop and willfully chose to flee.

Q: Can my car be impounded?

A: Yes. Law enforcement may impound a vehicle used during evasion for up to 30 days.

Q: What happens to my driver’s license?

A: Conviction can lead to license suspension or revocation, especially for felony evasion.

Q: Can I get probation for an evading charge?

A: Yes, especially for first-time offenders or cases without injury. A skilled attorney can often secure probation, fines, or community service instead of jail.

Additional Resources

California Vehicle Code §2800.1 – Misdemeanor Evading a Peace Officer: Defines the elements of misdemeanor evading and requirements for marked vehicles and officer identification.

California Vehicle Code §2800.2 – Felony Reckless Evading: Establishes penalties for fleeing law enforcement while driving recklessly or endangering others.

California Jury Instructions (CALCRIM No. 2181–2183) – Evading a Peace Officer: Lists the specific elements jurors must find proven for conviction under each subsection.

Hire a Defense Attorney for Evading a Peace Officer Charges in San Diego County, CA

Evading police is a serious allegation that can lead to jail, a suspended license, and a criminal record that impacts employment and insurance. However, many cases arise from misunderstanding, fear, or officer miscommunication, not criminal intent.

The Law Offices of Michael E. Cindrich defend clients charged with evading, reckless driving, and related vehicle crimes throughout San Diego County, including Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, and San Diego proper.

Protect your freedom, your license, and your record. Contact Attorney Michael Cindrich today for a free, confidential consultation at (619) 262-2500.