JOS Criminal Law · Resources
Felony Evading and Reckless-Driving Charges Dismissed for Southern California Firefighter
A motorcycle ride on the freeway nearly cost one Southern California firefighter his career and freedom.
A motorcycle ride on the freeway nearly cost one Southern California firefighter his career and freedom.
Our client rode approximately five miles in one direction before turning around and traveling five miles back. During the ride, he allegedly reached excessive speeds and, at times, lifted the motorcycle’s front tire to perform wheelies. What he did not know was that a California Highway Patrol helicopter was monitoring him from above.
When he exited the freeway, a CHP officer arrived and detained him. He was subsequently accused of felony reckless evading under California Vehicle Code section 2800.2 and reckless driving under California Vehicle Code section 23103.
Vehicle Code section 2800.2 applies when a person flees or attempts to elude a pursuing peace officer while driving with willful or wanton disregard for the safety of people or property. Vehicle Code section 23103 prohibits driving on a highway with willful or wanton disregard for the safety of people or property.
The allegations threatened not only our client’s driving privileges and freedom, but also the firefighting career he had worked hard to build.
The Key Issue: Did He Know the Police Were Pursuing Him?
The prosecution focused heavily on our client’s speed and alleged wheelies. However, excessive speed or dangerous riding does not, by itself, establish felony evading under Vehicle Code section 2800.2.
A central issue was whether our client knew that a peace officer was pursuing him and whether he intentionally attempted to flee. The CHP helicopter was overhead and outside his view. There was no patrol vehicle directly behind him for most of the ride, and he did not see emergency lights or hear a siren communicating that an officer was ordering him to stop.
The defense argued that his riding may have attracted law enforcement’s attention, but that did not prove he knowingly fled from the police. When he finally exited the freeway, an officer appeared and detained him. The fact that a helicopter had followed him did not establish that he knew he was being pursued.
After the defense presented the circumstances and challenged whether the prosecution could prove the required intent, the charges were dismissed. Our client avoided a felony conviction and was able to keep his job as a firefighter.
This case illustrates an important principle: evidence of excessive speed, wheelies, or reckless riding does not automatically prove felony evading. The prosecution must prove every required element of the offense, including that the accused knowingly and intentionally attempted to evade a pursuing peace officer.
If you or someone you know has been accused of felony evading under Vehicle Code section 2800.2, reckless driving under Vehicle Code section 23103, or another motorcycle-related offense, contact JOS Criminal Law for a confidential consultation.
Every case is different, and past results do not guarantee a similar outcome.