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    Know and Protect Your Rights in a Criminal Defense Matter

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      Know and Protect Your Rights in a Criminal Defense Matter

          Evading Police in a Vehicle in Oakland

          Intentionally trying to flee from law enforcement while you are driving may result in a charge of evading police in a vehicle in Oakland. This offense may occur even if you ultimately are unsuccessful in getting away from police. If you noticed or should have noticed that a police officer was signaling you to pull over, whether the officer was traveling by vehicle or bicycle, and failed to stop, you could face the unwanted repercussions of a criminal conviction.

          Contacting a dedicated criminal attorney at the outset of your case could be critical to reaching a favorable resolution of the charges against you. A strong legal advocate could give you the advice you need during this stressful situation and help guide you through the complex criminal justice system.

          Evading Police in a Car Charges

          California Vehicle Code § 2800.1 defines the evading police in a vehicle as motorists willfully fleeing or attempting to elude a police officer in a vehicle, with the intent to evade the police officer. All the following conditions must be present for this crime to occur:

          • The police vehicle exhibits at least one red light that can be seen from the front, which the individuals see or reasonably should have seen
          • The police vehicle is sounding a siren
          • The vehicle is noticeably marked as a police vehicle
          • The driver of the vehicle is a uniformed police officer

          People may also commit the offense of using a vehicle to evade police in Oakland if they intentionally flee or attempt to evade a police officer on a bicycle. This criminal offense occurs when the bicycle is distinctively marked as belonging to law enforcement, its operator is a uniformed police officer, the officer gives a verbal command to the driver to stop, uses a handle signal to command the driver to stop, and uses a horn producing a sound of at least 110 decibels. Additionally, the driver must be aware, or reasonably should have been aware, of the verbal command, hand signal, and horn, but still refuses to stop.

          Charges for Reckless Evasion of Police in a Vehicle

          Under California Vehicle Code § 2800.2, people in Oakland can also commit reckless evading police in a vehicle. This offense occurs when drivers commit the offense of evading police in a vehicle by operating their vehicles in a willful or wanton disregard for the safety of others or property.

          This section further defines driving in a “willful and wanton disregard” for the safety of persons or property as happening when drivers cause any property damage with their vehicles. Alternatively, drivers who commit three or more traffic violations that can result in the DMV assigning points to their licenses while fleeing police may also be driving with a “willful and wanton disregard” for safety within the meaning of this section.

          Oakland Penalties for Motorists Evading Law Enforcement

          In Oakland, a violation of CVC §2800.1, evading police in a vehicle, is a misdemeanor offense. A conviction can result in up to one year of incarceration in the county jail and one point on an individual’s driving record. A conviction of this charge also results in a permanent record that will appear during routine background checks by prospective employers and landlords.

          The penalties for CVC §2800.2 reckless evading police in a vehicle are harsher than those for evading police in a vehicle. A conviction for this crime is a felony offense that can result in a state prison sentence of 16 months to 3 years or a county jail sentence ranging from six months to one year, as well as a fine ranging from $1,000 to $10,000. It will also result in two points on a driving record.

          Discuss Evading Oakland Police in a Vehicle Charges with an Attorney

          Evading police in a vehicle in Oakland, whether you are driving in a reckless matter or not, can result in a criminal conviction. Minimizing the potential penalties or avoiding a conviction may be a possibility with the help of a criminal defense attorney. Receive qualified legal advice by calling today.

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