DUI and Evading an Officer

right decision wrong decisionDUI and evading an office. In March of 2014, police in Fremont, CA received a tip from Taco Bell employees about an intoxicated young man who acted belligerent in the drive-thru after 1:00 a.m. Police pursued Alexander Yohn, though instead of stopping, Yohn continued to drive at a high speed. Ultimately, Yohn collided with a motorcyclist and then smashed into a fence and a utility pole. Yohn continued to try to evade the police by running into a field, where police officers caught up with him and placed him under arrest. The motorcyclist was 23 year-old Andrew Silva, a United States Marine who recently came back from an overseas tour in Afghanistan. Silva died at the scene of the accident.

The California Offense of Evading an Officer

Had Yohn simply stopped his car, he likely would have been arrested for suspected driving under the influence (DUI). Though facing DUI charges may be frightening, attempting to evade the police to avoid a DUI can only make the situation worse. For example, instead of just getting cited for DUI, Yohn will likely face charges for evading an officer and felony vehicular manslaughter, and he may spend time behind bars.

Evading an officer can be charged as either a misdemeanor or felony in California under Vehicle Code 2800.1 VC or 2800.2 VC, respectively. Both charges require that you willfully evade an officer, however you may face the felony charge if you do so with a “willful or wanton disregard for the safety of others.”

Even though trying to evade an officer is never a good idea, many people who are DUI make the decision not to stop because they are scared and their decision-making abilities may be hindered. In the event that you do end up facing the charge of felony reckless evading in addition to a DUI, you should always contact an experienced DUI attorney as soon as you possibly can. An attorney can help you communicate with the police to make sure you do not inadvertently incriminate yourself, and can start building a defense for your case immediately.

Evading an officer is an offense that requires specific intent.  This means that, in order to convict you of this charge, a prosecutor must demonstrate that you were aware that you were fleeing the police and that you meant to do so. However, in many DUI cases, drivers may have been too intoxicated to even realize the police were trying to pull them over, so they did not believe they had any reason to stop. If a person keeps driving simply because they did not notice the police behind them, they do not have the requisite intent to evade an officer. This defense can sometime work to reduce your charges to a DUI and have the evading an officer ticket dismissed.

Contact a DUI attorney for help today

If you have been arrested on suspicion of DUI, you should listen to the police, but do not answer their questions without an attorney present. You should contact an experienced DUI attorney at Beck Law, PC as soon as possible for help today.

Disclaimer

The information on this website should not be considered to be legal advice, nor construed to be the formation of any manner of attorney client relationship. Prior to taking any form of legal action, please consult with an attorney experienced in the appropriate area of law germane to your situation. Case results and any blogs, reviews, news or testimonials presented on www.duibecklaw.com or any of its related websites are germane to the facts present for each individual case and is not a promise of similar outcomes for any other cases. This website is not intended to solicit clients for matters outside of the State of California. by Attorney Daniel B. Beck