It may be a natural reaction: you notice flashing lights in your rearview mirror and instead of braking, you accelerate. After all, no one likes to be pulled over by the cops, so you try to outrun them rather than stop. However, doing so might get you into a lot of trouble – and result in extra penalties on top of the reason the cops pulled you over in the first place.
If you are facing charges for evading arrest, contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.
The prosecution must prove five elements
If you are operating a motor vehicle and deliberately attempt to run from a law enforcement officer who is following you in a car or on a bike, you are breaking California law. This is a minor violation, and the prosecution must provide five components to prove it:
- You had a clear intention of eluding the police
- You either observed or should have seen at least one lit red lights visible from the front of the officer's car
- The officer sounded a siren to make you aware of them
- The officer's vehicle was clearly identified
- The officer's vehicle was driven by a peace officer dressed in a recognizable uniform.
You may face up to a year in county prison and a $1,000 fine if you are convicted of eluding a peace officer. Furthermore, the vehicle you were driving might be detained for up to thirty days.
Defense options to charges of evading arrest
Of course, there are several possible defenses to the allegation of eluding a law enforcement officer. A criminal defense lawyer might claim that you had no intention of eluding the officer. Assume you're driving on a crowded highway and are anxious since you're used to driving on smaller, less congested routes. The sirens behind you are heard and seen, but you ignore them since you think they are for another vehicle. Because you're worried, your whole concentration is on the road — you don't typically drive on such big thoroughfares, and your single goal is to stay safe on the road.
Your defense lawyer might claim that you did not deliberately escape the police if you were charged with dodging a peace officer because you continued to drive rather than slowing down and pulling over. Because you were so focused on the road, you didn't know the sirens were for you.
It's also crucial that the vehicle in issue was properly tagged as that of an officer’s vehicle. The officer's automobile must have at least one red lit bulb visible from the front, the officer's siren must be on, and the officer's car must be uniquely identified, according to California law (which could include the seal of the police department, flashing blue or clear lights or flashing headlights).
If an undercover police car without these markings tries to pull you over and you refuse to stop, your defense lawyer may claim that the offense was not committed since the automobile was not uniquely identified as belonging to the police.
The Law Office of Michael L. Fell will assist you if you have been charged with eluding a peace officer or any other offense related offense. To book a free first consultation, call (949) 585-9055. We'll work closely with you to put up the strongest defense possible against your accusations.