Evading a Police Officer

Were You Charged with Evading a Police Officer?

The act of willfully or purposefully evading a police officer is a serious violation of California Vehicle Code §2800.1.  The state of California defines evading arrest as the act of attempting or actively running away from a police officer that has made clear his or her intentions to arrest you. Whether the individual is fleeing by foot or by car, it is unlawful to evade a police officer’s right to arrest. Although law enforcement officers may believe that an individual is evading arrest, it may not be the intention of the individual in question.

Many factors can influence the outcome of such a charge:

  • Was the police officer in full uniform at the time of the arrest?
  • Were there language barriers that made the arrest attempt unclear?
  • In the case of a car chase, was the individual not aware that police vehicles were trying to pull the individual over?
  • Were there visual or audible signals coming from the police vehicles not understood by the person being pursued?
  • Was the police vehicle in pursuit distinctively marked?
  • Were sirens sounded?
  • Did the police vehicle exhibit at least one red light to indicate the demand to arrest?

If charged with this offense, prosecutors have to prove that you had the actual intent to elude or lose the police officer pursuing you.  If they cannot prove it sufficiently, you cannot be convicted.  If an individual is unknowingly evading arrest because of the effects of alcohol or drugs, hearing or vision problems, or other reasons, charges for this particular crime will be dropped.  You may then be charged with driving under the influence (DUI) or get your driver’s license revoked if you do not fit the physical requirements for driving.

If you have been arrested or charged with evading a police officer, you should contact Damian Siwek, an experienced Los Angeles criminal defense attorney, at DCS Defense to schedule a no-cost confidential consultation to discuss your legal options.


If convicted you could face the following penalties:

  • Suspension of driver’s license
  • Probation
  • Community service
  • County jail sentence

If you were driving recklessly and were considered a public danger, you could be charged with California Vehicle Code §2800.2 (Felony Reckless Evading).   If evading a police officer while driving caused bodily injuries to others or wrongful death, you will be in violation of California Vehicle Code §2800.3, and can be charged with vehicular manslaughter.

It is imperative you contact DCS Defense immediately to diminish possible repercussions of such a charge and avoid penalties.  We will strive to achieve the best possible outcome and fight for your rights.

For aggressive and effective representation against evading police charges, including a free confidential consultation, contact Los Angeles criminal defense attorney Damian Siwek at DCS Defense.