EVADING A PEACE OFFICER WITH RECKLESS DRIVING- PC 2800.2(a) – Felony

A common criminal charge that the Nghi Lam Law Firm defends against is Evading a Peace Officer with Reckless Driving [PC2800.2(a)]. This is a felony that can be punished with up to 3 years in state prison. In order to be found guilty of evading a police officer, a person’s actions must meet all the following elements of the crime:

1. there was at least 1 red police lamp (police siren lights) visible from the front of the police officer’s vehicle
2. the person accused saw or should have seen the red lamp
3. the police officer sounded a siren (as reasonably necessary)
4. the police officer’s vehicle was distinctly marked
5. the police officer was wearing a distinctive uniform
6. the person accused was operating a motor vehicle and attempted to flee the pursuing officer
7. the person accused had the specific intent of evading the police officer
8. the person accused drove in a way that displayed willful or wanton disregard for the safety of others or property.

Some Strategies for Fighting a Charge of Evading a Peace Officer (PC 2800.2(a)

1. A common defense is that you did not know you were being followed by a police officer. In many of these cases that our law firm sees, the person accused simply did not know that the police officer was trying to pull them over. It is very possible that the police officer had just turned on their lights toward the end of the incident. The fact that the police officer did not have his or her police lights on can lead to confusion.
2. Another argument is that you were simply not trying to evade the police officer. Instead, you were just trying to pull over at a safe place, and you were not trying to get away from the police officer.

If you or a loved one is being charged with Evading a Peace Officer with Reckless Driving (PC 2800.2(a), call the Nghi Lam Law Firm and speak directly to a criminal defense lawyer about your case. We take pride in the fact that we care about our clients and our work. We fight criminal cases in Orange County, Los Angeles County, San Bernardino County, and Riverside County. Call us at 213-235-7969 and we’d be more than happy to discuss your case.

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