VC 2800.4 – Evading Police by Driving on the Other Side of the Road

Evading Police by Driving the Wrong Way – Table of Contents

• VC 2800.4 Overview
• VC 2800.4 Sentencing
• VC 2800.4 Defending
• Evading Police by Driving Wrong Way – Hire Us

Vehicle Code 2800.4 VC – Overview

What is the definition of driving on the other side of the road?

Whenever a person willfully flees or attempts to elude a pursuing peace officer in violation of Section 2800.1, and the person operating the pursued vehicle willfully drives that vehicle on a highway in a direction opposite to that in which the traffic lawfully moves upon that highway.

What is the mental state required for a violation of VC 2800.4?

The mental state required is willful. Willful is the intent do so something on purpose. Under Vehicle Code 2800.4 VC a person intends with purpose to evade a police officer in a vehicle by onto a highway and in the opposition direction of traffic.

What is the definition of eluding under Vehicle Code 2800.4 VC?

Eluding, fleeing, or flight is used interchangeably under Vehicle Code 2800.4 VC. There interchangeable meaning is to not yield to the lawful command of a peace officer by maintaining a distance from that peace officer’s reach to prevent that officer to implement a lawful investigation or detainment concerning a crime based on probable cause.

An attempt for a lawful investigation or detainment can be communicated by electronic, vocal, or physical cues. Flashing lights, a siren, communications by an intercom, exiting a patrol vehicle, approaching on foot, or direct communication to another.

Eluding, fleeing, or flight from a lawful command is not exclusive to the conduct of driving from a peace officer. The same can be demonstrated by person approaching a vehicle from a standpoint of attempting to elude, flee, or flight from the lawful command. In addition, the officer does not need to be in a vehicle but can be on foot.

How is driving on the other side of traffic defined under VC 2800.4?

Driving on the other side of traffic is going against the lawful direction of the highway.

Sentencing for Vehicle Code 2800.4

What are the penalties for a violation of Vehicle Code 2800.4 VC?

A violation of Vehicle Code 2800.4 PC is punishable as a misdemeanor or felony. As a misdemeanor, punishment includes confinement not exceeding 1 year in jail with fines not exceeding $1,000 dollars. As a felony, punishment includes confinement not exceeding 1 year in prison, with fines not exceeding $10,000 dollars.

What are examples of violations of Vehicle Code 2800.4 VC?

1. Ben ran a stop sign in a neighborhood. He did not realize that an officer was behind him who witnessed the act. The officer flashed his sirens at Ben. Ben did not stop but drove out of the neighborhood and entered the highway driving north bound. Ben drove over the median to the other side of the highway that was travelling south bound. Ben continued to travel north in the south bound traffic. After 10 minutes Ben decided to pull over. Ben was arrested.
2. Vicki was walking away from her drug dealer. A neighbor saw her buy drugs and called the police. A nearby police officer accepted the call and confirmed the identities described by the caller. The officer drove past Vicki and rolled down his window attempting to speak with her. Vicki ran, jumped over a fence to stay at friend’s house to avoid an arrest. 1 hour later she and her friend went to go to the mall to shop. The same officer maintained his location and re identified Vicki in a car with her friend as the driver. Although her friend was driving, she and Vicki sped away from the officer, who now is telling them to, “pull over” from his intercom. Vicki’s friend gets on the highway going west bound. Vicki’s friend decides to get on the shoulder portion of the highway of the same west bound traffic and now is travelling east bound on the shoulder. They crash into a wall. Vicki and her friend are arrested.

Defending Vehicle Code 2800.4

What are the defenses to a violation of Vehicle Code 2800.4 VC?

1. Abuse of Process/ Excessive Force – the driver was evading an officer acting under color of law.
2. Lack of probable cause or Lack of reasonable suspicion – there was no reason for the officer to stop the driver.
3. Mistake in Law – the driver was not driving on a road designated as a highway.
4. Voluntary intoxication – The mental state of purpose could not be formed.

Need a Lawyer?

If you are charged with a violation of Vehicle Code 2800.4 VC call Kelmansky Law. Contact Los Angeles criminal defense attorney Yuliya Kelmansky, principal attorney of Kelmansky Law.
 

Need a Criminal Defense Attorney? CALL NOW: 213-932-8922

Yuliya Kelmansky is an Expert Criminal Defense Attorney who has over 15 years of practice defending a variety of criminal cases.