Evading an Officer Causing Injury or Death | Vehicle Code § 2800.3

Description

Evading an Officer Causing Injury or Death, a more serious charge than Evading a Police Officer, may apply whenever willful flight or attempt to elude a pursuing peace office causes serious bodily injury to any person.

What does the prosecutor have to prove?

1. At least one lighted red lamp was visible from the front of the peace officer’s vehicle.
2. Defendant saw, or reasonably should have seen, the red lamp.
3. The peace officer’s vehicle sounded a siren, as reasonably necessary.
4. The peace officer’s motor vehicle was distinctively marked.
5. The peace officer was wearing a distinctive uniform.
6. Defendant was operating a motor vehicle and willfully fled, or otherwise attempted to elude, a pursuing peace officer.
7. Defendant had the specific intent to evade the pursuing peace officer.
8. Serious bodily injury to another person was caused by Defendant’s flight from, or attempt to elude, a pursuing peace officer.

Punishment

Felony: 3years/5years/7years
With probation 0-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	Yes
Is this charge a strike?	Yes
Is this charge a “serious felony”	Yes
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	May
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No