Were you accused of disobeying a peace officer? Under California Vehicle Code 2800, you could face severe consequences if you are convicted. A qualified attorney can help you prepare a strong defense and potentially avoid the fallout of a guilty verdict.
One of our Los Angeles DUI lawyers can develop an effective defense strategy that highlights any procedural flaws, constitutional violations, or lack of solid evidence against you. They will look closely at the actions of the arresting officers as well as your response and conduct during the incident.
What is Vehicle Code § 2800 CVC?
Vehicle Code § 2800 CVC makes it a criminal offense for a driver to disobey the lawful orders or directions of any peace officer. This applies when a driver fails to comply with a police officer’s command (whether verbal or gestured) and can carry up to six months in county jail as punishment.
Generally, this section is referred to as “2800 VC” or “2800 CVC,” both of which are shorthand for the California Vehicle Code regarding disobeying an officer. An example of behavior that may lead to this charge is fleeing after a police officer instructs you to remain still.
This charge is frequently accompanied by additional offenses, such as reckless driving or eluding a police officer, which carry even harsher penalties.
It is important to keep in mind that these charges are much more serious than traffic violations. They are misdemeanors, and any conviction could result in the suspension of your driver’s license or other consequences in addition to fines or jail time imposed by the court.
What Counts as Disobedience?
According to California’s VC 2800, disobeying a peace officer is when someone disobeys reasonable instructions from a uniformed peace officer. For such charges to be brought against someone, the person must act willfully and disregard the order of the officer.
Ignoring signals or directions given or disobeying any other lawful orders are offenses that can bring about VC 2800 charges.
It is important to note that these charges do not apply if someone refuses to obey an unlawful command by a law enforcement agent. However, it is also important to remember that disobeying or ignoring a lawful order from a law enforcement agent can result in serious consequences and should always be avoided.
When Can You Be Charged with Disobeying a Peace Officer Under CA Vehicle Code 2800?
If the state’s prosecuting attorney hopes to obtain a conviction for disobeying a peace officer under CA Vehicle Code 2800, their case must meet the following criteria:
- The peace officer must have been wearing a distinctive uniform.
- The peace officer must have been performing their responsibilities when they gave a command.
- The defendant must have willingly disobeyed the law enforcement officer’s order or direction.
Charges Related to Disobeying a Police Officer
Several other criminal charges are related to disobeying a peace officer in the state of California.
These include:
- California Penal Code 148 – Resisting arrest: If you obstruct, delay, or intentionally resist police, or if you prevent emergency responders from performing their duties, you can face charges for resisting arrest.
- California Vehicle Code 2800 -1 Evading police in a motor vehicle: You can be charged with evading police in a motor vehicle when you intentionally flee from a police vehicle in pursuit of you. This is usually a misdemeanor charge.
- California Vehicle Code 2800 – 2 Felony reckless evading: You can face felony reckless evading charges when you are operating a motor vehicle and attempt to flee police while operating the vehicle in an unsafe manner. This kind of behavior is considered a wanton disregard for public safety.
Consequences of a Conviction
If you are found guilty of disobeying a peace officer, you could be facing severe penalties. Disobeying a peace officer is generally considered a misdemeanor offense. Under the law, if you are convicted under California Vehicle Code 2800, you could be ordered to pay fines as high as $1000 and spend as much as six months in jail.
If you are a first-time, non-violent offender, the judge may be willing to sentence you to misdemeanor probation as opposed to requiring you to spend time in jail.
If you are placed on probation, there are specific requirements you will need to meet, such as:
- Random drug testing
- Regular meetings with your probation officer
- Obtaining gainful employment
- No use of drugs or alcohol
- Curfew
- Completion of community service
- Attending a drug or alcohol treatment program
- Completion of a driver retraining program
- Participating in mental health counseling or therapy
- Showing up to scheduled court appearances
- Paying fines, fees, and restitution
- Avoiding being accused of or charged with committing another criminal offense
Additional Consequences
The above consequences are just the criminal penalties you will face. The impact of disobeying a peace officer could spill into the rest of your life as well.
Some of the collateral consequences you could experience include:
- Reputational damage
- Trouble maintaining relationships with friends and family
- Difficulty securing or retaining a job
- Suspension or revocation of your driver’s license
- Suspension or revocation of any professional licenses
- Child custody or visitation issues
- Citizenship or immigration troubles
- Temporary loss of firearm rights
If you hope to avoid the fallout of a conviction, you need an experienced criminal defense attorney on your side who can build a compelling case on your behalf.
How to Defend Yourself Against Disobeying a Peace Officer’s Allegations
If you have been accused of disobeying a peace officer, you must take steps to clear your name of the charges against you. That said, in many cases, disobeying an officer may be considered a non-violent offense.
If you are a first-time offender, the state’s prosecuting attorney may be willing to let you enter into a pretrial diversion program or plea agreement. You will need to meet the terms of the program for the charges against you to be reduced or dismissed.
Some of the specific requirements you will need to meet might include:
- Completing drug or alcohol treatment
- Completing court-ordered community service hours
- Attending mental health counseling
- Completing a court-ordered anger management program
- Passing random drug and alcohol tests
Completing the required steps could result in the charges against you being reduced or dismissed entirely, depending on the details of your case.
What if You’re Not Eligible for a Pretrial Diversion Program?
If you are not eligible for a pretrial diversion program, your attorney will need to closely evaluate the circumstances of your arrest to determine which defense strategy is most likely to result in a not-guilty verdict.
Some of the more common legal defenses used to challenge disobeying a peace officer’s allegations include:
- The police officer was not actively performing their responsibilities: If a law enforcement officer was not in a distinctive uniform and completing their legal duties, the order given may not be considered one given in the course of their responsibilities.
- The defendant lacked intent: Disobeying a police officer requires intent. If you were not acting willfully to disobey police orders or commands, you cannot be convicted of this offense.
- The defendant acted due to necessity: If you were unable to obey a police order due to an emergency or other necessity, you should not be found guilty of disobeying a traffic officer or other law enforcement officer.
These are only a few of the more common defenses that attorneys use to defend people accused of disobeying a peace officer. If you hope to dodge a conviction, you should work with a Los Angeles DUI attorney. One of our qualified lawyers can determine the best defense strategy to get you through this difficult situation.
Contact a Criminal Defense Lawyer for Help Today
Since accusations of disobeying a peace officer could come with harsh penalties, you must take steps to protect your future. Reach out to a Los Angeles DUI lawyer to discuss your potential defense strategies today. Your initial consultation is free, and there is no obligation to move forward after this conversation.
A qualified criminal defense attorney will work to obtain the best possible outcome for your specific situation, whether that involves reduced charges, a dismissed case, or an acquittal at trial. Please fill out our online contact form or call our office to schedule your confidential consultation.
