Description

A person, while operating a motor vehicle and with the intent to evade, who willfully flees or otherwise attempts to elude a pursuing a peace officer may be charged with Evading a Police Officer.

What does the prosecutor have to prove?

The defendant:
1. Was operating a motor vehicle with the intent to evade.
2. Willfully fled or otherwise attempted to elude a pursuing peace officer’s motor vehicle under the following conditions:
a) The peace officer’s motor vehicle is exhibiting at least one lighted red lamp.
b) The peace officer’s motor vehicle is sounding a siren as may be reasonably necessary.
c) The peace officer’s motor vehicle is distinctively marked.
d) The peace officer’s motor vehicle is operated by a peace officer.

Punishment

Misdemeanor: 0-364 days

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
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?	No
Do I lose my right to vote if convicted?	No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	May
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	No
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