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It Is Never a Good Idea to Run From Police

Posted on in Criminal Defense

San Jose, CA evading police charges defense lawyerWhen you see red and blue lights flashing behind you, you probably get a nervous, dreadful feeling in your stomach. In situations like these, our fight or flight response is initiated, but listening to your instinct telling you to flee the situation is one of the worst possible things you can do. If a police officer is trying to pull you over it is illegal for you to try to outrun them or flee from them, and you can get into serious trouble for doing so. If you attempt to flee or evade a police officer, you could be facing jail time, fines and even a driver’s license suspension.

California Vehicle Code Offenses

There are technically four offenses that you can be charged with if you attempt to flee or evade a police officer. California Vehicle Code VEH 2800 contains information about each separate offense.

Evading a Police Officer -- VEH 2800.1

According to the code, you are guilty of a misdemeanor when you evade or attempt to elude a police officer if all of the following conditions are true:

  • The police officer’s vehicle had at least one lighted red lamp visible from the front and you see or should have seen it;
  • The police officer’s vehicle was sounding a siren;
  • The police officer’s vehicle was visibly marked; and
  • The police officer’s vehicle was being operated by a police officer who was wearing a distinctive uniform.

These are the basic components that must be met to be charged with evading a police officer. There are also three aggravating factors that could produce other charges. You could be facing more than one evading charge if you:

  • Attempted to flee by driving in willful disregard of the safety of other people or property;
  • Caused death or bodily injury to another person while you were fleeing; or
  • You drove in the opposite direction of traffic on a highway while fleeing.

Contact a S:an Jose, CA Police Evasion Defense Attorney

Just like you are always expected to yield to an emergency vehicle on the road, you are also expected to pull over and comply with police when they are attempting to pull you over. Not doing so can cause a lot of unnecessary grief for you. If you have been charged with evading a police officer, contact a San Jose, CA evading police officer charges lawyer. The skilled attorneys at the Jachimowicz Law Group will examine all details of your case to determine how to best defend you. Call our office today at 408-246-5500 to schedule a free consultation.

Source

http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=VEH&division=2.&title=&part=&chapter=4.&article=1.

 

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