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San Diego DUI charges with Evading VC 2800.2 Resisting arrest

On Behalf of | Mar 6, 2016 | Firm News |

Evading police is a common occurance.  People freak out when they see the police lights.  Others blank out, while some just are imparied.  Having this charge attached to a DUI arrest means aggrevated facts and usually a tougher stance by the judge and prosecution.

Not all DUIs are equal. Sometimes people walk into the office and say their blood alcohol level is .13%. From what they heard that usually means it will just be a fine and a class because that is what happened to their friend a few years back or what they found out while searching google.

That is not the truth. The totality of the facts will dictate the “worth” of a case to the judge, prosecutor, and defense. Case in point the DUI arrest in the article below. The driver may indeed may have a low BAC. However, the other facts (collision, potential scuffle with police) make the facts more aggrevated. What this means is the attorney handling the case must examine the facts to provide context and give the best resolution possible.

In regards to evasion, there is very detailed elements to the offense that need to be met.  I spent a stint in the auto theft task force as a prosecutor and dealt with evasion cases.  There is many elements that need to be met.  Without all of them there can be no charges.

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If you are arrested for a DUI call our office for a free evaluation at 858-751-4384.

A suspected drunken driver led California Highway Patrol officers from Sorrento Valley to the Aliso Creek area near Camp Pendleton before being arrested early Friday.

CHP officers began following a gray BMW M3 sedan after it traveled through an area on northbound Interstate 805 near La Jolla Village Drive that was closed for construction shortly before 3 a.m., authorities said.

The driver pulled over on northbound Interstate 5 near Carmel Valley Road and got out, but quickly hopped back in and sped off, according to the CHP.

The high-speed chase continued north on Interstate 5 until the driver eventually pulled into the Aliso Creek rest area and was arrested, according to the CHP. The driver’s name was not immediately available.

The full article can be found here.

2800.2. (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.

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