| Evading a Peace Officer | | | | marked as a police bike. ? The police officer must |
| The crime of evading a police officer is a | | | | be riding the bicycle, dressed in a distinctive police |
| misdemeanor. A misdemeanor is a crime | | | | uniform. ? The police officer must give a verbal |
| punishable by a term in the county jail, up to one | | | | command to stop. ? The police officer must |
| year. There are multiple reasons why evading a | | | | sound a horn of at least 115 decibels ? The police |
| police officer is unlawful, including interfering with | | | | officer must give a hand signal commanding the |
| the duties of a police officer in the scope of their | | | | person to stop. Defenses |
| duties, and the danger to the public in fleeing from | | | | The best defense for evading a police officer is |
| the officer, oftentimes involving high speeds and | | | | that the officer did not follow the proper |
| other traffic violations, like running red lights. | | | | protocols required in making the stop. It is |
| However, in order to convict someone of | | | | mandatory that the officer be in uniform, in a |
| evading, a number of criteria must be met. | | | | distinctively marked vehicle, sounding horns and |
| California Vehicle Code, Section 2800.1 defines the | | | | flashing lights (if the officer is in a car), in order to |
| necessary conditions required to define evading: ? | | | | make the person aware that an actual police |
| The police officer's vehicle must exhibit at least | | | | officer wants them to pull over. |
| one lighted red lamp visible from the front that | | | | Even when the officer contends that all protocols |
| the person sees or reasonably should have seen. | | | | were followed, the surrounding circumstances of |
| ? The police officer's vehicle must have had their | | | | the evading and stop may offer a good defense. |
| siren on, if reasonably necessary. ? The police | | | | Visibility: Was it day or night? Was there fog or |
| officer's vehicle must be distinctively marked as a | | | | rain obscuring the ability to clearly see? Were |
| police vehicle. ? A police officer must actually be | | | | there any distractions, requiring complete attention |
| driving the vehicle, dressed in a distinctive police | | | | to the road in front of you, such as a road |
| uniform. | | | | construction project or detour? If so, it is |
| If the police officer is on a bicycle, other | | | | reasonable that the person may not have seen |
| conditions must be met, in order to convict. | | | | the officer. |
| Evading a police officer on a bicycle is a | | | | Sound: Was there any loud construction going on, |
| misdemeanor, punishable by up to one year in the | | | | preventing the ability to hear the officer's horn? |
| county jail. The following conditions must be met, | | | | Was the driver hard of hearing? The purpose of |
| reflecting that the person is aware or should have | | | | the horn is to get the attention of the driver, so |
| been aware of these conditions, but refused to | | | | if the driver could not hear the siren or horn, it is |
| comply with the officer's command to stop: ? The | | | | reasonable that they did not know to pull over. |
| police officer's bicycle must be distinctively | | | | |