Evading a Peace Officer by Darren Kavinoky

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Evading a Peace Officer
by Darren Kavinoky

Evading a Peace Officer

The crime of evading a police officer is a misdemeanor. A misdemeanor is a crime punishable by a term in the county jail, up to one year. There are multiple reasons why evading a police officer is unlawful, including interfering with the duties of a police officer in the scope of their duties, and the danger to the public in fleeing from the officer, oftentimes involving high speeds and other traffic violations, like running red lights. However, in order to convict someone of evading, a number of criteria must be met.

California Vehicle Code, Section 2800.1 defines the necessary conditions required to define evading:
刋 The police officerˇs vehicle must exhibit at least one lighted red lamp visible from the front that the person sees or reasonably should have seen.
刋 The police officerˇs vehicle must have had their siren on, if reasonably necessary.
刋 The police officerˇs vehicle must be distinctively marked as a police vehicle.
刋 A police officer must actually be driving the vehicle, dressed in a distinctive police uniform.

If the police officer is on a bicycle, other conditions must be met, in order to convict. Evading a police officer on a bicycle is a misdemeanor, punishable by up to one year in the county jail. The following conditions must be met, reflecting that the person is aware or should have been aware of these conditions, but refused to comply with the officerˇs command to stop:
刋 The police officerˇs bicycle must be distinctively marked as a police bike.
刋 The police officer must be riding the bicycle, dressed in a distinctive police uniform.
刋 The police officer must give a verbal command to stop.
刋 The police officer must sound a horn of at least 115 decibels
刋 The police officer must give a hand signal commanding the person to stop.

Defenses

The best defense for evading a police officer is that the officer did not follow the proper protocols required in making the stop. It is mandatory that the officer be in uniform, in a distinctively marked vehicle, sounding horns and flashing lights (if the officer is in a car), in order to make the person aware that an actual police officer wants them to pull over.

Even when the officer contends that all protocols were followed, the surrounding circumstances of the evading and stop may offer a good defense.

Visibility:
Was it day or night? Was there fog or rain obscuring the ability to clearly see? Were there any distractions, requiring complete attention to the road in front of you, such as a road construction project or detour? If so, it is reasonable that the person may not have seen the officer.

Sound:
Was there any loud construction going on, preventing the ability to hear the officerˇs horn? Was the driver hard of hearing? The purpose of the horn is to get the attention of the driver, so if the driver could not hear the siren or horn, it is reasonable that they did not know to pull over.

Author's Biography:

Darren Kavinoky is the founding partner of The Kavinoky Law Firm, a

criminal defense law firm with six offices throughout California. The

attorneys of the firm take pride in their constant continuing legal

education and unparalleled one-on-one client service. Every attorney at

the firm particpates in ten times the amount of education required by

the state bar.

In addition, the attorneys provide each client with a personal cell

phone number, and they make themselves available to clients at all

times. The attorneys of The Kavinoky Law Firm understand that there is

only one case that matters to you: yours! They are dedicated to treating

each client with personal service to ensure satisfaction.

Darren has defended numerous high-profile clients, developed key

relationships with media leaders, and earned public support for clients