California Vehicle Code 2800.2 VC is the statute defining the crime of felony reckless evading. Anyone commits this offense by evading law enforcement in a vehicle while driving with a willful or wanton disregard for the safety of people or property.
A lot of people will have the police come up behind them and put their lights on or start to follow them. Then, they panic and the police will end up trying to stop them, either because they ran their registration or they committed some traffic violation.
Or, to be honest with you, having done this for 26 years, maybe the person was doing nothing. The police do randomly stop people even though they are not allowed to do it.
Police Waiting Outside Bars and Clubs
This is especially true outside bars, clubs — they'll wait out there at 1:00 or 2:00 in the morning waiting for the bar or club to close and then they'll grab the person.
The person makes the mistake of fleeing from the police. Now they went from possibly a misdemeanor DUI looking at no jail time, to a felony evading because now they're trying to run away from the police.
The standard offer of the Los Angeles prosecutors for a first-time evading is 16 months in prison. So, you really change your fortunes when you run away from the police related to a DUI-related incident, but that happens sometimes.
The biggest things we look at to try to keep you out of prison is your prior criminal record. The reason you ran away, you just didn't rob a bank for example, you were scared, you panicked, whatever the case may be.
Some people have bad panic attacks. I've seen a lot of people evade from the police because they had a panic attack. So, a lot of times we can get that information to the prosecutors so they can evaluate everything, not just the fact that you ran away from the police.
Factors Considered by the Prosecutor
Another huge thing they're going to look at in these felony evading charges or driving under the influence, is how dangerous you were out on the road:
- Were there pedestrians out?
- Was there a bunch of cars out?
- Did you run a bunch of red lights?
- Did you get in an accident?
- Was anybody hurt?
These are all the big things the prosecutors look at. If we can make the argument that nobody was hurt, it was late at night, there wasn't much traffic on the road.
We can also argue you really didn't endanger anybody but yourself, we're starting to be in a position to try to keep you out of prison.
What I'll do is submit a mitigation package to the prosecutors, laying all the good things about you. Character letters and of course, my own argument, depending on what the circumstances are. These things are cookie-cutter.
We have to look at what happened in your specific case, what your history is, what you stand to lose, your career, life, family, and freedom.
All the good things about you and make sure we get those things in front of the prosecutors so we can try to keep you out of prison.
In Los Angeles county, you're facing a very serious charge for evading a DUI. If anybody got hurt if you were involved in an accident, they can also charge you with felony DUIs.
So, if you or a loved on has an evading case based on a DUI, you've come to the right place. Pick up the phone. Ask for a meeting with Ron Hedding. I stand at the ready to help you.
Hedding Law Firm is a top-rated criminal defense law firm located in Los Angeles County at 16000 Ventura Blvd #1208 Encino, CA 91436. Contact us for a free case evaluation at (213) 542-0963.