California Vehicle Code 2800 makes it a crime to disobey or resist law enforcement officers. Legally, you are required to abide by the orders of police officers performing their duties in uniform or as soon as they show their badge. Violating VC 2800 is a misdemeanor, and a conviction will lead to jail time and a fine. If you face charges for disobeying a peace officer, seeking the expertise of a skilled criminal defense attorney can help ensure you enjoy the best possible outcome.
When your word is against a peace officer's, the police officer is likely to have the upper hand. After all, the officer represents the government and works under oath to serve and protect the citizens. Hiring an attorney as soon as possible is crucial to ensure the expert has adequate time to build a winning defense strategy.
Disobeying a Peace Officer Defined
Police officers have the legal authority to issue orders to the citizens. These orders help maintain order, preserve peace or neutralize a potentially dangerous situation. The power of peace officers allows them to carry out their responsibilities and generally provide meaningful services to taxpayers.
Orders from a peace officer can be in the form of verbal directions or even signals. Either way, violating VC 2800 is a serious offense with grave consequences. Depending on the circumstances around an incident, a defendant can also face charges for:
- Evading a peace officer — Vehicle Code Section 2800.1
- Reckless evading of a peace officer — Vehicle Code Section 2800.2
VC 2800 uses the term "police officer" to describe more than just municipal police officers. Other figures of authority citizens are legally obligated to obey include state troopers, deputy sheriffs, traffic enforcement officers, traffic crash investigators, etc. In rescue operations like a fire, the term "peace officer" is used to define fire department members.
Furthermore, disobeying a police officer does not have to involve dramatic actions like resisting arrest or fleeing an accident scene. It could also involve seemingly innocent activities like:
- Refusing to provide your identification details and address upon the request of a peace officer
- Giving false details when asked for your name and address
- Refusing to dispense information about the identification details of a vehicle owner when pulled over
- Failure to stop when signaled to do so by a peace officer
- Refusing to hand over your license and registration upon request by an officer
- Failure to sign a traffic citation to be summoned to court
Moreover, the police, highway patrol, or members of authorized law enforcement agencies have the authority to issue an out-of-service order lawfully. The order is given if you are driving a vehicle considered improperly equipped, road unworthy, or unsafe to operate. Ignoring a lawful out-of-service order is also a crime under VC 2800.
Elements of VC 2800—Disobeying a Police Officer
VC 2800 prohibits ignoring a lawfully issued out–of–service order. The prosecution must prove two crucial elements beyond a reasonable doubt to convict you of the offense:
These elements include:
- You willfully failed or refused to abide by a lawful signal, direction, or order issued by a peace officer
- The peace officer was performing official duties and was in a distinctive uniform
VC 2800 Penalties
Violating Vehicle Code 2800 is a misdemeanor. A conviction attracts the following punishment:
- A county jail sentence for up to 6 months
- A fine not exceeding $1,000
Best Defenses to Fight VC 2800 Charges
Fighting VC 2800 charges can be challenging, more so the court is often inclined to believe the testimony of a police officer. Even so, there are defenses that can increase the odds of an acquittal or at least have your sentence lowered. A skilled criminal defense attorney can devise the best strategy to give you maximum chances of enjoying a favorable outcome.
Some of the best defenses to fight VC 2800 charges include:
You Did Not Willfully Disobey the Police Officer
The prosecution must prove your specific intent by establishing that you acted willfully when disobeying a peace officer or ignoring a lawfully issued order. Your attorney can argue that even though the police signaled you to stop, you did not see the signal, or you failed to hear the issued directions. Either way, you did not intentionally ignore the order; you were unaware of it.
The Officer's Status Was Unknown
The police have a distinct uniform that allows citizens to identify them. When not in uniform, it is up to the officer to reveal their identity by producing a badge. If a law enforcement officer was not in uniform and did not produce proper identification, you cannot face charges for disobeying a peace officer.
Your attorney can argue that you had reason to question whether the person giving orders was a law enforcement officer. It could be that you feared for your safety and thought a random person was trying to impersonate an officer.
Another similar defense that can have your case dropped is claiming that the officer was not on duty. An officer on duty will be in uniform or will have proper identification. If an off-duty peace officer drinking in a bar asks you to go home, ignoring the order cannot attract charges under VC 2800.
You Received an Unlawful Order
Even though the law requires you to obey the orders of a police officer, this does not mean that you must follow an unlawful order. If you ignore an order because it goes against the law, your attorney can prove that this much is true. A strong argument can force the court to drop the charges.
Improper Police Procedure
Another valid defense is that the officer failed to follow proper procedure when giving an order or direction. It could be that the officer pulled you over close to a stop light and made a sign that you assumed meant you could keep driving. You could not be guilty of VC 2800 if the officer made an unclear gesture open to interpretation.
You Were Dealing with an Emergency
If you face a life-threatening situation, this can serve as a valid excuse for disobeying a police officer. Your lawyer can help you avoid a VC 2800 conviction by demonstrating your position when an officer issued the order.
For instance, James is driving his pregnant wife to the hospital. He found her on the floor and bleeding heavily. James believes that even one minute can make the difference between his wife and child surviving or dying. He drives past a traffic barricade and ignores all efforts of the police to stop him. Even though James was overspeeding and ignored a police order, he only did so out of necessity. He cannot be convicted under VC 2800.
Offenses Related To VC 2800
There are four primary offenses closely related to disobeying a peace officer. Depending on the circumstances around an incident, the prosecution could charge you with these offenses instead of or along with VC 2800.
Resisting Arrest — Penal Code 148
Another offense related to disobeying a police officer is resisting arrest. Penal Code 148 makes it a crime to willfully delay, obstruct or resist a police officer performing official duties. You can also face charges for giving false information during questioning or taunting an EMT on official duty.
Penal Code 148 elements are as follows:
- You willfully delayed, obstructed, or resisted a police officer or EMT
- The officer or EMT was on official duty
- You knew that or should have known that you were dealing with a peace officer on official duty
A Penal Code 148 violation is a misdemeanor. If convicted, you will face the following penalty:
- A county jail sentence for up to 1 year
- A fine not exceeding $1,000
A competent attorney can fight PC 148 charges and have you acquitted if the police violated your constitutional rights. For instance, you have freedom of speech, and asking the officer for proper identification does not constitute "resisting arrest." Also, the Fourth Amendment to the U.S. Constitution protects you from arrests when there is no probable cause. Your attorney can also file motions to have any illegally obtained evidence dismissed. Depending on the strength of the case against you, overlooking one piece of evidence can make it hard for the prosecution to meet the burden of proof. This will likely force the court to drop your case.
Evading a Police Officer in a Vehicle—Vehicle Code 2800.1
Under Vehicle Code 2800.1, it is an offense to willfully flee from a peace officer when the officer is pursuing you in a distinctively marked car and distinctive uniform. The prosecution must prove three crucial elements beyond a reasonable doubt to convict you of evading a police officer in a vehicle.
These elements include:
- A peace officer in a motor vehicle pursued you
- You were driving a motor vehicle and willfully fled or attempted to elude the peace officer
For the prosecution to have a case against you, the following must also be true:
- The officer's vehicle had at least one flashing red light in the front
- You saw the flashing lamp or should have reasonably seen it
- The officer's car sounded the siren
- The officer drove a distinctively marked vehicle
- The officer wore a distinctive police uniform
The judge or jury will determine the available evidence to determine whether an officer pursued the defendant and whether the alleged offender had the specific intent to evade the officer. The court must establish your intent and decide whether or not you acted "willfully." A willful act is done on purpose even if you did not intend to break the law, gain an advantage or hurt another person.
The phrase "distinctively marked car and distinctive uniform" imply that any reasonable person would tell that the vehicle in pursuit is a police car. Some of the distinctive features include a red lamp or the sound of a siren. These features distinguish other cars from those used by law enforcement officers. On the other hand, a distinctive uniform implies that the officer wore the official uniform of a law enforcement agency. Even a badge alone indicates a "distinctive police uniform."
Evading a police officer in a vehicle is a misdemeanor. A conviction attracts the following penalty:
- Up to 1-year incarceration in county jail
- A fine not exceeding $1,000
If you are convicted of evading a police officer in a car under VC 2800.1, you can seek to have your record expunged. Expungement under Penal Code 1203.4 releases you from all disabilities and penalties stemming from the conviction. A competent criminal defense attorney can help you with the expungement process to ensure you have better chances of finding meaningful employment and housing.
Felony Reckless Evading —Vehicle Code 2800.2
Evading an officer as described under VC 2800.1 is a misdemeanor. The prosecution must establish that a police officer in a distinctively marked vehicle was pursuing you and that you willfully fled or tried to evade the officer. Vehicle Code 2800.2, on the other hand, involves evading the peace officer with a wanton disregard for human or property safety. The offense is a wobbler, and the facts of a case will help the prosecution decide whether to impose felony or misdemeanor charges.
The various ways a police officer's car can be distinctively marked include:
- Clear name or seal of the law enforcement agency on the vehicle's exteriors
- Red or blue lights signaling the police officer(s) in pursuit
- Flashing headlights
- Police siren
The prosecution can establish that you feloniously evaded a peace officer if you committed three or more traffic violations while fleeing. You risk a conviction for evading a law enforcement officer and driving recklessly or dangerously while doing so if the prosecutor can prove these two vital elements:
- You fled from a police officer while operating a motor vehicle
- You did so willfully while driving recklessly or with disregard for human and property safety
The prosecution will consider your criminal history and the facts of a case before deciding whether to charge you with a felony or a misdemeanor.
A VC 2800.2 misdemeanor conviction attracts the following penalty:
- Summary probation, or
- 6 months to 1-year sentence in county jail
- A fine of up to $1,000
If you face felony charges, the crime is punishable by:
- Formal probation
- Imprisonment for 16 months, 2, or 3 years in state prison
- A $10,000 maximum fine
Felony reckless evading of a police officer attracts one charge, irrespective of the number of officers or law enforcement cars that pursued you during a chase. Other penalties to expect once caught include:
- Impoundment of your vehicle for up to 1 month
- Suspension of your driver's license (duration depends on your probation conditions), or
- Suspension of your commercial driver's license for up to 1 year
- Lifetime suspension of your commercial driver's license if you have a prior VC 2800.2 conviction
Evading an Officer Causing Injury or Death— Vehicle Code 2800.3
Vehicle Code 2800.3 criminalizes evading a police officer and injuring or killing another person. The offense can also attract vehicular manslaughter charges under Penal Code 192(c) or murder charges under Penal Code 187 if the prosecution can prove that you committed second-degree murder by evading a police officer recklessly enough to imply malice afterthought.
There are two elements the prosecution must establish beyond a reasonable doubt to convict you of violating Vehicle Code 2800.3. These elements include:
- You fled from a peace officer or attempted to do so while driving a motor vehicle
- While evading the officer, you caused the injury or death of another person
The following must be true to establish that the cause of death or injury is directly related to evading a police officer:
- The aftermath of your action (evading the police) caused the direct, natural, or probable death or injury of another person, and
- The death or injury would not have happened if it were not for your actions (evading a peace officer).
The prosecution will consider the circumstances of a crime and your criminal history before deciding whether to charge an offense as a misdemeanor or a felony.
A misdemeanor conviction will attract the following penalty:
- Summary probation, or
- Imprisonment for up to 1 year in county jail
- A fine not exceeding $10,000
A felony conviction is punishable by:
- Formal probation, or
- A state prison sentence for 3, 5, or 7 years
- A fine of up to $10,000
If you evade a peace officer and kill someone, the offense is always a felony that can attract a sentence of 4, 6, or 10 years in state prison.
Find a Los Angeles Criminal Defense Attorney Near Me
If you face charges for disobeying a police officer, it is critical to seek legal guidance and representation immediately. At the Los Angeles Criminal Lawyer, we understand the law and the potential consequences of a VC 2800 conviction. Let us fight for you and better your odds of maintaining a clean criminal record. For additional information about VC 2800 or personalized legal help, call us today at 310-502-1314. We offer a free initial consultation and have a seasoned team that can dispense legal advice you can trust.
