CA Vehicle Code 2800.4 Evade by Driving Opposite of Traffic

If someone willfully tries to escape from a police officer (in violation of VC 2800.1) and does so by driving the wrong way on a highway, they can face serious penalties. Upon conviction of CA Vehicle Code 2800.4, the person may face 6 months to 1 year in county jail or state prison. They may also receive a fine between $1,000 and $10,000.

Evading a peace officer by driving in the opposite direction of traffic under California Vehicle Code 2800.4 can be charged as either a misdemeanor or a felony, depending on the circumstances. This makes a big difference in the penalties you may face.

Law enforcement officers often write this charge as “2800.4 VC” or “2800.4 CVC,” which are common abbreviations for the California Vehicle Code. If you’re facing this charge, Los Angeles DUI Lawyer can help by connecting you with an attorney who will fight to give you the best outcome. We’ve helped thousands of people get representation, and we want to help you, too.

What Is Vehicle Code 2800.4?

California Vehicle Code 2800.4 makes it a crime to evade a peace officer by driving in the opposite direction of traffic. This law is an enhancement of general evading laws and applies when someone not only tries to get away from the police but does so in a way that creates extreme danger to others on the road.

To convict someone under VC 2800.4, the prosecution must prove two key elements:

The driver willfully attempted to evade a peace officer who was clearly marked and pursuing them as described in VC 2800.1.
While fleeing, the driver willfully drove in the opposite direction of lawful traffic, such as going the wrong way on a street, freeway, or highway.

This offense is more serious than VC 2800.1, which covers basic evading and is usually charged as a misdemeanor. It is also separate from VC 2800.2, which involves reckless driving while evading and may be charged as a felony.

What makes VC 2800.4 distinct is the added danger of driving against traffic, which puts lives at serious risk. Because of this, the penalties under VC 2800.4 can be harsher, including felony charges and possible prison time.

Penalties for Violating VC 2800.4

A violation of California Vehicle Code 2800.4 is considered a wobbler offense, which means it can be charged as either a misdemeanor or a felony. The decision depends on the specific facts of the case and the defendant’s criminal history.

Charge Type	Jail/Prison Time	Maximum Fine
Misdemeanor	6 months to 1 year in county jail	Up to $1,000
Felony	Up to 3 years in California state prison	Up to $10,000

For example, if no one was hurt and the incident was relatively minor, the prosecutor may file the charge as a misdemeanor. However, if the act of driving against traffic caused a serious risk to public safety or resulted in an accident, the prosecutor is more likely to file it as a felony.

The judge also has some discretion when deciding how the offense should be treated during sentencing.

Legal Defenses to VC 2800.4 Charges

A Los Angeles lawyer can examine the details of your case, explain the possible consequences, and help you understand your options. With the right legal representation, you have a better chance of achieving a more favorable outcome in your case.

Lack of Willful Intent to Evade

To be convicted under VC 2800.4, the driver must have intentionally tried to flee from a peace officer. In some cases, the driver may have been scared, confused, or simply unaware that law enforcement was trying to pull them over.

If the driver did not realize they were being pursued (for example, if the officer wasn’t using lights and sirens or was in an unmarked vehicle), it may be argued that there was no intent to run from the law.

Mistaken Identity or Insufficient Evidence

If the police mistakenly identified the driver as the person evading the officer, it may be possible to show that someone else was actually driving the vehicle. In addition, if there is not enough evidence to prove that the driver was intentionally fleeing from law enforcement, the case may be weak.

Officer Was Not Clearly Pursuing or Not in a Marked Vehicle

For a conviction under VC 2800.4, the officer must be in a marked police vehicle and actively trying to pull the driver over. If the officer was not in a clearly marked car or did not properly identify themselves as a law enforcement officer, the driver may not have been aware that they were being pursued.

In such cases, the driver might argue that they were unaware they were involved in a police pursuit and, therefore, did not have the intent to evade. This lack of clear communication or identification could challenge the charge.

Related Offenses

In many cases, this offense may be connected to other criminal charges, depending on the situation. Your attorney will review the unique details of your case and explain how California laws apply to your case.

Related offenses to CA Vehicle Code 2800.4 include:

In some cases, a person who evades a peace officer and drives in the wrong direction may also be under the influence of alcohol or drugs. If the driver is found to be impaired, they can face additional charges under Vehicle Code 23152, which covers DUI offenses.

Being charged with both DUI and evading a peace officer can lead to more serious penalties, including longer jail time, higher fines, license suspension, and a permanent criminal record. These charges are often handled together in court, and a conviction for both can have a major impact on a person’s future. A Los Angeles DUI lawyer will protect your rights.

Get Legal Help for Your 2800.4 VC Charges

Are you facing charges under California Vehicle Code 2800.4 for evading a peace officer by driving in the opposite direction of traffic? If so, a skilled Los Angeles attorney can provide the guidance and support you need. With the possibility of jail time, a felony record, and steep fines on the line, it’s important to have a strong legal advocate on your side.

You can take the first step by calling our office or submitting our secure contact form to schedule a private consultation with a member of the Los Angeles DUI Lawyer team. Help is available. Let us be the resource that gets you started on your defense today.

CA Vehicle Code 2800.4 – Evading a Peace Officer by Driving in the Opposite Direction of Traffic