SAN DIEGO CRIMINAL ATTORNEY MARY PREVOST: FELONY EVADING, SIREN AND LIGHTS
FELONY EVADING, SIREN AND LIGHTS
The defendant was driving 90 mph on his motorcycle. Oops. The officer activated his emergency lights and siren and pursued. The defendant got away. Then, the officer turned off the lights and siren (so he didn't panic motorists), then saw the defendant again. The officer didn't turn on his lights and siren to avoid alerting the defendant The defendant made an unsafe turn onto the highway. The defendant was convicted of felony evading, California Vehicle Code sec. 2800.2.
The defense argues that the unsafe turn wasn't during the pursuit and wasn't during a period when the lights and siren were on (as required by 2800.1). The California Court of Appeal affirms. There was only one pursuit, and the officer doesn't have to leave the siren and lights on continuously to trigger a violation of 2800.2.
People v. Copass; 2009 DJ DAR 17446; DJ, 12/16/09; C/A 2nd, Div. 6
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