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San Diego Evading a Police Officer Attorney

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Evading a Police Officer

When you think of evading a police officer, you probably picture the high speed chases that are shown on TV. But this charge encompasses more than just a high speed chase. In order to be charged with evading and officer, you must flee from a pursuing officer who is either in a marked, official vehicle (such as police cars or motorcycles), or on a bicycle. This, and not a high speed freeway chase, is the most likely scenario in which an individual would be charged with evasion.

To be convicted of evading a police officer, it must be proven that you eluded an officer with the intent to do so, while the officer was clearly attempting to pull you over.

The punishment if convicted is up to 1 year in prison and a $1,000 fine. Your car may even be impounded. And, if it can be proven that you broke more laws than just evading a police officer, you face even more serious charges.

If you are charged with evading a police officer, you’ll want a good attorney on your side to make sure you’re cleared of any false charges and receive the best defense possible. Bradley R. Corbett and our team of San Diego criminal defense lawyers are here to help you. We’ll be able to argue that you didn’t intentionally or willfully evade an officer, or that there isn’t sufficient evidence to convict you. Only an attorney with proven results in these cases will get you the results you need. San Diego criminal defense attorney Bradley R. Corbett is that attorney. Call or visit our law offices today for a free case consultation.

Defending Against Evading a Police Officer Charges – VC 2800.2(a)

If you or a loved one is facing charges for evading an officer under Vehicle Code 2800.2(a), you need an experienced and aggressive defense attorney who understands how to fight these cases. At the Law Office of Bradley Corbett, I have been defending clients in San Diego County for 18 years and have successfully handled numerous evading a police officer cases, often getting charges reduced or dismissed. Understanding VC 2800.2(a) – Reckless Evading an Officer Vehicle Code 2800.2(a) makes it a crime to flee from law enforcement in a vehicle while driving recklessly. This charge is more serious than a simple VC 2800.1 misdemeanor evading charge because it involves dangerous driving behaviors that put the public at risk. Elements of the Crime To be convicted of reckless evading under VC 2800.2(a), the prosecution must prove:
  1. You willfully fled or attempted to elude a pursuing officer in a motor vehicle.
  2. The officer’s vehicle had a visible red light and sounded a siren.
  3. The officer’s vehicle was distinctively marked, and the officer was in a recognizable uniform.
  4. You drove with a willful or wanton disregard for the safety of people or property while fleeing.
Penalties for VC 2800.2(a) – Felony Reckless Evading Evading an officer under VC 2800.2(a) is a wobbler offense, meaning it can be charged as either a felony or misdemeanor. The penalties depend on the facts of the case, prior criminal history, and whether injuries or property damage occurred.
  • Misdemeanor Penalties
    • Up to 1 year in county jail
    • Fines up to $1,000
    • Probation
    • Possible driver’s license suspension
  • Felony Penalties
    • 16 months, 2 years, or 3 years in state prison
    • Fines up to $10,000
    • Felony probation
    • Possible driver’s license suspension
Additionally, if the chase resulted in serious bodily injury or death, the charges could be upgraded to VC 2800.3 – Evading Causing Injury or Death, which carries enhanced prison sentences. Defenses to VC 2800.2(a) Charges Having an experienced San Diego criminal defense attorney can make a significant difference in the outcome of your case. I have successfully used the following defenses in San Diego, El Cajon, Chula Vista, and Escondido courts to help my clients avoid serious penalties:
  1. Lack of Intent to Evade
The prosecution must prove that you willfully fled from law enforcement. If you did not realize an officer was trying to stop you or you had a legitimate reason for not pulling over immediately, this defense could apply.
  1. No Reckless Driving
VC 2800.2(a) specifically requires reckless driving, meaning that simply failing to stop is not enough. If your driving was not dangerous or reckless, your charge could be reduced to VC 2800.1, which is a misdemeanor.
  1. Lack of Proper Police Identification
If the officer’s vehicle was not clearly marked or the siren was not audible, you may not have realized you were being pursued by law enforcement. This could lead to a dismissal or reduction of charges.
  1. Emergency or Necessity Defense
If you were experiencing a medical emergency or had another valid reason for not stopping immediately, this could be used as a defense in court.
  1. Police Misconduct or Violation of Rights
If the police violated your constitutional rights during the arrest—such as conducting an illegal stop, failing to read your rights, or using excessive force—I will aggressively challenge the case in court. Mitigation Strategies to Reduce Penalties Even if the evidence against you is strong, I work proactively to mitigate penalties and negotiate with the prosecution to get charges reduced or dismissed. Some mitigation strategies I use include:
  • Challenging the evidence: If there are inconsistencies in the police report or lack of video evidence, I use this to weaken the prosecution’s case.
  • Negotiating plea deals: In some cases, I have successfully reduced felony charges to misdemeanors or arranged for alternative sentencing like community service instead of jail time.
  • Highlighting personal circumstances: If you have no prior record, were experiencing a personal crisis, or have strong community ties, I present these factors to the court to argue for leniency.

Why Choose the Law Office of Bradley Corbett?

Bradley R. Corbett_Criminal Defense Attorney_Evading a Police Officer Attorney I am one of the top-ranked criminal defense attorneys in San Diego County, with 18 years of experience fighting for clients facing serious charges. When you hire me, you get: ✅ Personalized and Aggressive Defense – I take an aggressive approach to every case, challenging the prosecution’s evidence and fighting for the best possible outcome. ✅ Strong Relationships with Judges and Prosecutors – My experience in San Diego, El Cajon, Chula Vista, and Escondido courts allows me to negotiate effectively on my clients’ behalf. ✅ Proven Track Record of Success – I have successfully gotten many evading a police officer cases dismissed and helped clients avoid jail time. If you or a loved one is facing VC 2800.2(a) evading an officer charges, don’t wait—contact my office immediately for a free consultation. The sooner I get involved, the better your chances of securing a favorable outcome.

Contact bradley 24/7 nights & weekends

Don’t wait until it is too late! Delaying or even denying yourself the counsel and strength we can provide you could have life changing consequences. Call us today and let an experienced San Diego criminal defense attorney help you protect your freedoms, life, and family.

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San Diego Office
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8880 Rio San Diego Dr. Suite 800 San Diego, CA 92108 Tel: (619) 800-4449
North County Office
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440 S Melrose Dr, Suite 204 Vista , CA 92081 Tel: (760) 201-9839
Temecula Office
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41593 Winchester Rd #200 Temecula, CA 92590 Tel: (951) 732-8611
Email: Bradley@Bradleycorbettlaw.com