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.
With probation 0-364 days
Misdemeanor: 0-364 days