What is Misdemeanor Evading a Police Officer?

Evading a police officer is generally proscribed by California Vehicle Code Section 2800.1, which is commonly referred to as “misdemeanor evading.” This offense is a misdemeanor and is punishable by up to one year in the county jail, and a thousand dollar fine, or both. In order for a prosecutor to establish that the crime of misdemeanor evading has occurred, the district attorney must prove that while operating a motor vehicle that the defendant with intent to evade a police officer, willfully fled or attempted to evade a pursuing police officer’s motor vehicle. Additionally, the district attorney must prove each of the following elements of the crime beyond a reasonable doubt:

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, and that peace officer is wearing a distinctive uniform.

If you are charged with criminal evasion, it is important that you contact the experienced San Mateo County criminal defense lawyers at Ahmed and Sukaram, Attorneys at Law, right away. We can help you prepare and present your defense. For example, you may not guilty of evading a police officer if you did not specifically intend to flee the officer’s vehicle. Sometimes, it is very difficult to notice that an officer is behind you, such as when you are riding a motorcycle with a helmet on while it is equipped with a loud muffler. Alternatively, you may have been engaged in an emergency like rushing to the hospital, and did not intent to evade the officer. Or you may have failed to stop because you were simply looking for a safe place to pull over.

If you are facing criminal charges for evading a police officer, the passionate Redwood City criminal lawyers of Ahmed and Sukaram, Attorneys at Law, are here to help. We offer a free no obligation initial consultation so that we can explain your options and rights. With so much hanging in the balance, you cannot afford to wait so call Ahmed and Sukaram, Attorneys at Law, to obtain your free initial no cost consultation today at (866) 477-0965.