Police Waiting Outside Bars and Clubs
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.
Many 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 try 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 randomly stop people even though they are not allowed to do it.
This is especially true outside bars and clubs — they'll wait out 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. 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 change your fortunes when you run away from the police related to a DUI-related incident, but that happens sometimes.
The biggest thing we look at to keep you out of prison is your criminal record. You ran away because you didn't rob a bank; for example, you were scared and panicked, whatever the case may be.
Some people have destructive panic attacks. I've seen many people evade 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 big 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 argue that nobody was hurt, it was late at night; there wasn't much traffic on the road. We can also discuss you didn't endanger anybody but yourself; we're starting to be in a position to try to keep you out of prison.
I'll submit a mitigation package to the prosecutors, laying all the good things about you. Character letters and, of course, my argument, depending on the circumstances. These things are cookie-cutter.
We have to look at what happened in your specific case, history, what you stand to lose, career, life, family, and freedom. All the good things about you, and make sure we get those things in front of the prosecutors to try to keep you out of prison.
You face a severe charge for evading a DUI in Los Angeles county. 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 one 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.