Description

Felony Reckless Evading may be charged against a person who flees or attempts to elude a pursuing peace officer and the pursued vehicle is driven in a willful or wanton disregard for the safety of persons or property.

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. Defendant drove the vehicle in a manner exhibiting willful or wanton disregard for the safety of persons or property.

Punishment

Felony: 16months/2years/3years
With probation 180-364 days
Misdemeanor: 180-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?Yes
Is this charge a strike?No
Is this charge a “serious felony”No
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?No
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