California Vehicle Code § 2800.2 VC prohibits felony reckless evading, which is fleeing from the police while driving with a willful or wanton disregard for the safety of people or property. Despite its name, felony reckless evading can be charged as a misdemeanor or a felony.
This chart illustrates the sentencing ranges.
| Felony Reckless Evading Crime | California Penalties |
| Misdemeanor |
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| Felony |
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In order to help you better understand the law, our California criminal defense attorneys will address the following:
1. Elements
The elements of felony reckless evading are spelled out in California Jury Instruction 2818.1 For you to be convicted, prosecutors must prove beyond a reasonable doubt the following four elements of the crime:
- A peace officer driving a motor vehicle was pursuing you; and
- While also driving a motor vehicle, you willfully fled from, or tried to elude, the officer, intending to evade the officer;2 and
- During the pursuit, you drove with willful or wanton disregard for the safety of persons or property; and
- All of the following were true:
- There was at least one lighted red lamp visible from the front of the peace officer’s vehicle; and
- You either saw or reasonably should have seen the lamp; and
- The peace officer’s vehicle was sounding a siren as reasonably necessary; and
- The peace officer was wearing a distinctive uniform (which has to be something more than a badge but does not have to be a full law enforcement uniform); and
- The peace officer’s vehicle was “distinctively marked.”
“Distinctive markings” for police vehicles include:
- The seal or name of a police or law enforcement department on the outside of the car;
- Flashing blue or clear lights that are visible to the driver of the car being pursued; and/or
- “Wigwag” lights (flashing headlights).3
Willful or Wanton Disregard for Safety
The key factor distinguishing felony reckless evading from simple (misdemeanor) evading is that you drove with wanton disregard for the safety of people or property. This means you:
- were aware that your actions posed an unjustifiable risk of harm and intentionally ignored that risk; or
- you committed three or more traffic violations that carry violation points.
Therefore, you can act with a wanton disregard for safety even if you do not cause any damage and do not intend to cause any damage.
Example: While evading police, Steven runs several stop signs, runs a red light, and drives 50-60 mph in a residential zone. Even though traffic is light and he is endangering no one, Steven is still guilty of reckless evading because he accumulated at least three violations.
Note that evading an officer while driving under the influence will not necessarily be considered reckless evading. Your driving needs to have involved a wanton disregard for safety in addition to the fact that you were driving intoxicated.4
A conviction under VC 2800.2 can result in a fine and/or jail time.
2. Penalties
Felony reckless evading is—despite its name—actually a wobbler in California law. This means that prosecutors may choose to charge it as either a felony or a misdemeanor depending on the circumstances of the offense and your criminal history.
In practice, California prosecutors usually charge VC 2800.2 as a felony.
If it is prosecuted as a misdemeanor, then reckless evading an officer carries:
- Misdemeanor (summary) probation;
- 6 months to 1 year in jail; and/or
- A fine of $1,000 to $10,000.
The felony evading sentence is more serious:
- Felony (formal) probation;
- 16 months, 2 years, or 3 years in state prison; and/or
- A fine of $1,000 to $10,000.
You will be charged with only one count of reckless evading for each chase that led to the charges—regardless of how many officers or law enforcement vehicles pursued you.5
Additional Penalties
Whether you are convicted of reckless evading as a felony or a misdemeanor, the judge will most likely:
- Impound your vehicle for up to 30 days;6 and
- Suspend your driver’s license as a condition of your probation.7
If you hold a commercial driver’s license and violate VC 2800.2, then your right to operate a commercial vehicle will be suspended for one year.8 This becomes a lifelong suspension if you pick up any more VC 2800.2 violations while driving a commercial vehicle.9
3. Defenses
Here at Shouse Law Group, we have represented literally thousands of people accused of traffic crimes such as felony reckless evading. In our experience, the following five defenses have proven very effective with judges, juries, and prosecutors.
- You did not intend to evade an officer;
- You were acting under necessity or duress because someone was threatening you to keep driving, and your actions were justified considering the circumstances;
- There is insufficient evidence that you drove recklessly;10
- The initial traffic stop was illegal (such as due to racial profiling), and the police had no reasonable suspicion;11 or
- You were intoxicated and therefore could not form the specific intent to evade the police.12
If you argue the voluntary intoxication defense, you could end up facing charges for California DUI or DUI of drugs. Though this is preferable to facing a conviction for felony reckless evading.
4. Related Crimes
The chart below illustrates the different elements and penalties of California’s four different reckless evading crimes.
| Reckless Evading Crime | Elements of California Jury Instructions | Incarceration | Fines |
| Misdemeanor Reckless Evading (VC 2800.1) | Willfully fleeing a police car or bicycle with intent to evade | Misdemeanor: Up to 1 year in jail | Up to $1,000 |
| Felony Reckless Evading (VC 2800.2) | Willfully fleeing a police car or bicycle with intent to evade and driving with willful or wanton disregard for people and property | Misdemeanor: 6 months to 1 year in jail or Felony: 16 months, 2 years, or 3 years in prison | $1,000 to $10,000 |
| Reckless Evading with Serious Bodily Injury or Death (VC 2800.3) | Causing injury or death by willfully fleeing a police car or bicycle with intent to evade | If serious bodily injury results: Misdemeanor: Up to 1 year in jail or Felony: 3, 5, or 7 years in prison If death results: Felony: 4, 6, or 10 years in prison | $2,000 to $10,000 |
| Reckless Evading while Driving Against Traffic (VC 2800.4) | Willfully fleeing a police car or bicycle with intent to evade and driving against traffic | Misdemeanor: 6 months to 1 year in jail or Felony: 16 months, 2 years, or 3 years in prison | $1,000 to $10,000 |
Additional Resources
For more information on California driving laws, refer to the following:
- California DMV – Government website with information about driving regulations and how to apply for/renew your license
- California Highway Patrol – The police who patrol traffic on highways as well as roads outside of city limits
- California Department of Transportation (Caltrans) – Government agency that provides various services, including information on road conditions
- California Driver’s Handbook – Provided by the DMV, this handbook outlines all the important traffic laws motorists need to know
- If you are stopped by police – Information page by the ACLU of Southern California about what to do during a traffic stop
Legal References:
- Vehicle Code 2800.2 VC – Flight from pursuing peace officer.
(a) If a person flees or attempts to elude a pursuing peace officer in violation of Section 2800.1 and the pursued vehicle is driven in a willful or wanton disregard for the safety of persons or property, the person driving the vehicle, upon conviction, shall be punished by imprisonment in the state prison, or by confinement in the county jail for not less than six months nor more than one year. The court may also impose a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or may impose both that imprisonment or confinement and fine. (b) For purposes of this section, a willful or wanton disregard for the safety of persons or property includes, but is not limited to, driving while fleeing or attempting to elude a pursuing peace officer during which time either three or more violations that are assigned a traffic violation point count under Section 12810 occur, or damage to property occurs.
See also People v. Fuentes (Cal. App. 4th Dist. 2022) 78 Cal. App. 5th 670. Vehicle Code 2800.1 VC. Judicial Council of California Criminal Jury Instructions (2024 edition) CALCRIM 2181 – Evading Peace Officer: Reckless Driving (Veh. Code, §§ 2800.1(a), 2800.2).To prove that the defendant is guilty of this crime, the People must prove that:
1. A peace officer driving a motor vehicle was pursuing the defendant;
2. The defendant, who was also driving a motor vehicle, willfully fled from, or tried to elude, the officer, intending to evade the officer;
3. During the pursuit, the defendant drove with willful or wanton disregard for the safety of persons or property; AND
4. All of the following were true: a. There was at least one lighted red lamp visible from the front of the peace officer’s vehicle; b. The defendant either saw or reasonably should have seen the lamp; c. The peace officer’s vehicle was sounding a siren as reasonably necessary; d. The peace officer’s vehicle was distinctively marked; AND e. The peace officer was wearing a distinctive uniform. - Same. Vehicle Code 2800.1 VC. See People v. Estrella (1995) 31 Cal.App.4th 716.
- See note 1.
- Same. See People v. Pinkston (2003) 112 Cal.App.4th 387. People v. Schumacher (1961) 194 Cal.App.2d 335, 338-39.
- See note 1. People v. Garcia (2003) 107 Cal.App.4th 1159, 1163.
- Vehicle Code 14602.7 VC.
- Penal Code 1203.1 PC.
- Vehicle Code 15300 VC.
- Vehicle Code 15302 VC.
- CALCRIM 2181.
- See Terry v. Ohio (1968) 392 U.S. 1.
- CALCRIM 2181. See Penal Code 29.4 PC. Vehicle Code 23536 VC.