Call Us Today - It's Free! Text Us
Text Us

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.

Top-Rated Criminal Defense Lawyers Serving the Bay Area

The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.

We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.

As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.

Our Team

Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.

Meet Our Team

Our Criminal Defense Attorneys: How to Take Back Control of Your Life, And Your Future.

When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.

From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.

We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.

Contact Us

Give us a call or contact us online so we can schedule a meeting to discuss your legal needs.

Schedule a Meeting

Schedule a meeting with our intake coordinator so we can determine the best plan to solve your legal problems.

Take Back Your Life

We work to resolve your legal problems so you can focus on what is most important



Why You Can Trust Us with Your Future

Our Criminal Defense Practice Areas

Our videos

Going to Court?

See All Courts