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.
With probation 180-364 days
Misdemeanor: 180-364 days