Vehicle Code 2800.3 VC - Evading Police Causing Injury or Death
California Vehicle Code 2800.3 VC is the law the district attorney will use to charge someone if you evade a peace officer that resulting in an injury or death to another person.
VC 2800.3 is a 'wobbler' offense, a term used in California law to describe crimes that can be charged as either a misdemeanor or a felony. The severity of the consequences, which can include up to seven years in prison for causing injury and up to 10 years for causing a death, underscores the gravity of this offense.
Evasion of a police officer in pursuit is a serious crime under California Vehicle Code Section 2800.1 VC. However, if your actions result in serious injury or death, the charges escalate to a much more severe level, underscoring the gravity of the situation and the serious consequences you could face.
The definition of evading a police officer causing injury or death involves proving elements of the crime beyond a reasonable doubt to be found guilty.
First, it must be shown that you evaded a peace officer while driving a motor vehicle, and by evading them, you caused the serious bodily injury or death of another person.
The definition of "evading an officer" is codified in Vehicle Code (VC) Section 2800.1, which outlines the misdemeanor law for evading an officer. First, a police officer in a motor vehicle must have been pursuing you. Next, you must have willfully fled or attempted to flee from them in a motor vehicle, specifically intending to evade them.
Notably, the officer and their vehicle must be distinctively marked, meaning there was at least one lighted red lamp visible from the front of the vehicle, and you either saw or reasonably should have seen the lamp.
Further, the officer's vehicle was sounding a siren, and the officer was wearing a distinctive uniform, which does not have to be a full law enforcement uniform.
The term "willfully" means you did so willingly or on purpose, meaning you intentionally fled from the officer, knowing that they were trying to stop you.
What Does the Law Say?
The full text of California Vehicle Code 2800.3 VC says-
"(a) Whenever willful flight or attempt to elude a pursuing peace officer in violation of Section 2800.1 proximately causes serious bodily injury to any person, the person driving the pursued vehicle, upon conviction, shall be punished by imprisonment in the state prison for three, five, or seven years, in a county jail for not more than one year, or by a fine of not less than two thousand dollars ($2,000) nor more than ten thousand dollars ($10,000), or by both that fine and imprisonment.
(b) Whenever willful flight or attempt to elude a pursuing peace officer in violation of Section 2800.1 proximately causes death to a person, the person driving the pursued vehicle, upon conviction, shall be punished by imprisonment in the state prison for a term of 4, 6, or 10 years.
(c) Nothing in this section shall preclude the imposition of a greater sentence pursuant to Section 190 of the Penal Code or any other provisions of law applicable to punishment for an unlawful death."
(d) For the purposes of this section, "serious bodily injury" has the same meaning as defined in paragraph (4) of subdivision (f) of Section 243 of the Penal Code."
VC 2800.3 - Quick Facts
- Vehicle Code 2800.3 VC applies when someone willfully flees or attempts to evade a pursuing peace officer, and their actions directly lead to serious bodily injury or death to another person.
- This statute is an extension of VC 2800.1 VC, which defines the basic crime of evading a peace officer, by adding additional consequences when fleeing results in injury or fatality.
- This statute imposes harsh penalties due to the potential harm caused by dangerous high-speed chases or reckless attempts to escape law enforcement.
- This law holds those responsible for the risks posed to officers, bystanders, and others involved in high-speed car chases.
- In the context of this law, 'serious bodily injury' includes significant physical impairments such as loss of consciousness, bone fractures, wounds requiring extensive suturing, or serious disfigurement. These are just a few examples of the types of injuries that could be considered 'serious bodily injury' under VC 2800.3.
- If the evasion of police officers leads to someone's death, additional harsher penalties apply.
- The pursuing law enforcement vehicle must be clearly identifiable, such as with lights and sirens, with the vehicle marked distinctively.
- A police officer must be driving an identifiable vehicle and wearing a distinctive uniform.
- The death or injury must be a direct, natural, and probable consequence of your actions.
- It must be proven that the death or injury would not have happened if you had not evaded the officer.
- A natural and probable consequence means a reasonable person would know what is likely to happen when all the circumstances are considered.
What Must Be Proven to Convict?
To convict you for violating Vehicle Code 2800.3 VC, the district attorney must prove several factors beyond a reasonable doubt, including the following. This requirement ensures a fair legal process and the need for clear evidence:
- The police officer was in uniform, clearly displayed official markings, drove a distinctively marked vehicle, and used lights or a siren.
- You willfully and intentionally fled or attempted to evade the officer in pursuit.
- The evading directly resulted in serious bodily injury or the death of another.
Understanding the legal term 'Proximate cause' is crucial for your defense. It means that your actions were a significant factor in causing someone's injury or death during the pursuit.
What are Related Crimes?
- Misdemeanor reckless evading - Vehicle Code 2800.1 VC. This involves willfully fleeing from a police car with the intent to evade.
- Felony reckless evading - Vehicle Code 2800.2 VC. This crime involves willfully fleeing from a police car or bicycle with the intent to evade, and driving with willful or wanton disregard for the safety of people and property.
- Reckless evading while driving against traffic - Vehicle Code 2800.4 VC. This related crime involves fleeing from a police car with the intent to evade and driving against the flow of traffic.
- Vehicular manslaughter - Penal Code 192(c) PC. You could also face criminal charges under California's vehicular manslaughter law. This crime is defined as committing an unlawful act, such as evading police, or a lawful act that may cause death while driving a vehicle, with either negligence or 'gross negligence,' as a result of which somebody is killed.
What are the VC 2800.3 Penalties?
The possible penalties for violating VC 2800.3 will always depend on how the crime is charged and the harm the offense results in.
Suppose someone suffers serious bodily injury as a result of your actions, such as loss of consciousness, broken bones, or disfigurement. In that case, the crime is a "wobbler" that can be charged as either a misdemeanor or a felony.
If convicted of a misdemeanor, you could face the following:
- Fines are between $2000 and $10,000,
- Up to one year in county jail,
- Misdemeanor summary probation,
- Driver's license suspension.
If convicted of a felony, you could face the following:
- Fines are between $2000 and $10,000,
- Three, five, or seven years in state prison,
- Formal felony probation,
- Driver's license suspension.
If evading a police officer results in someone's death, the crime is always charged as a felony that carries four, six, or 10 years in state prison.
Vehicle Impoundment and Driver's License Suspension
Suppose you are convicted of VC 2800.3 evading an officer, causing injury or death. In that case, the judge will also typically order the following:
- Impoundment of your vehicle for up to 30 days and
- Suspension of your driver's license as a condition of probation.
Suppose you hold a commercial driver's license, and the crime occurred while you were operating a commercial vehicle. In that case, your right to operate a commercial vehicle will be suspended for one year.
Suppose you accumulate more than one conviction for evading an officer, including misdemeanor evading under VC 2800.1. In that case, your commercial driver's license will be permanently taken away.
What are the Common Defenses?
Suppose you are accused of evading a peace officer, which results in injury or death; defending your case is possible. Our California criminal defense attorneys might be able to challenge the charges, as discussed below.
Perhaps we can argue there was no willful intent, which is key to evasion charges. If you were unaware that you were being pursued, then we can claim that you were not willfully fleeing or attempting to evade the officer.
Perhaps we can argue that there was a lack of knowledge of police presence. Suppose the police vehicle lights were not clearly displayed, or the siren was not used properly. In that case, you might not have realized you were being pursued.
Perhaps we can argue that injury or death was not a direct result of the evasion, but a natural consequence. Perhaps there was conduct or third-party negligence, or the death occurred from natural causes not related to the evasion; we may be able to get charges reduced to misdemeanor evasion under VC 2800.1.
Contact our criminal defense law firm, Cron, Israels & Stark, for a free case evaluation.
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