It's a common thing now where people who are booked and arrested for DUI's are also charged with evading cases.
A lot of times, people are evading because they obviously are intoxicated and they don't want to get caught by the police because they know they're going to get arrested.
Different Types of Evading Charges
Also, to make a decision to evade the police, obviously some of these individuals are intoxicated to such a high level that they're not making right decisions. In California, evading arrest is defined under three different statutes:
Vehicle Code 2800.1 – Evading a Police Office
Vehicle Code 2800.2 – Felony Reckless Evading
Vehicle Code 2800.3 – Evading Causing Injury or Death
I do a lot of cases in Los Angeles county where my clients are charged with both DUI and evading arrest (CALCRIM 2181). Now one of the biggest factors on which of those charges is going to be more important and how they will work together has to do with whether or not there's any type of an injury.
If someone crashes or hurts another person — runs them over while they're evading the police while they're intoxicated — they're going to be charged with felony DUI. They might even be charged with great bodily injury in addition to that, and that starts to make the DUI possibly even more detrimental to them because of the three-year enhancement when you're talking about a DUI with great bodily injury.
But if on the other hand, it's just a regular DUI that the person has and they're evading the police, then that person is looking at much more of a problem as it relates to the evading because in Los Angeles county if you're evading the police, they're usually looking at putting those type of individuals in prison
So, if you're charged with a misdemeanor DUI and a felony evading, the evading is much more serious because you're facing prison time. Whereas, when it comes to a misdemeanor DUI, the most time you can typically get, especially on a first-offense, is six months.
Sometimes they can use some other Code sections to up it to a year, but a year in the county jail versus a long-time in an actual prison there's obviously a huge prison, so then the DUI will typically take a back seat in the situation where the person is also charged with evading arrest.
Level of Danger in Evading Cases
The reason for this is because evading arrest obviously really ups the game as far as dangerousness, not only to the person, but also to the public and also to the police.
I can't tell you how many cases I'm seeing now where people are evading the police and they're going fast and driving dangerously and the police just stop the pursuit.
We're not going to jeopardize ourselves trying to catch this person, and number two, we're not going to jeopardize the department because if we end up getting in an accident, killing somebody or even if the person we're chasing ends up getting in an accident and killing somebody, we're likely going to get blamed for that.
We're going to get sued by the victim's family or the victim if they survive, will sue the police because the police and the city are the deep pocket. They're the ones that have the big money.
So, they just break off pursuits in these DUI evading cases in Los Angeles county.
They'll either try to get a helicopter involved or get the person's address and get them later. They don't want to break the pursuit off, but if it becomes too dangerous, then a lot of times the police will just stop pursuing the person and they will go and try to catch them later.
And they do a lot of times. I've seen people in evading DUI situations and they crash their car, run away and the police eventually catch them at a different time because they're going to figure out whose car it was.
They will also figure out where that person lives and who's that person's family, and they have teams of officers that go out an execute warrants on people who run away from the police and they're able to identify and figure out exactly who those people are.
So, if you or a loved one is charged with DUI and evading at the same time in Los Angeles county and are looking for an attorney who's handled thousands of those cases.
You need a lawyer who has success, done damage control — and if it's a defensible case — obviously fought the case and defended it — you've landed on the right website here.
Pick up the phone. Make the call. My name is Ron Hedding and I've done thousands of cases over the last 2 years.
I've got over 400 reviews on the internet and I have over 300 videos as well, so you can see some of the information I have regarding some important topics regarding DUI-related arrests and evading cases.