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