Felony Evading Arrest (Vehicle Code section 2800.1) Reduced to Misdemeanor Reckless Driving (Vehicle Code section 23103)! No Jail/No Prison/Fine Only!

Recently at the Yreka Courthouse in Northern California, my client was charged in Count 1 with a violation of Vehicle Code section 2800.1 (felony), Attempting to Evade Peace Officer While Driving Recklessly. This charged offense exposed my client to potential prison custody for a maximum time of three (3) years.

Investigation into the discovery revealed that our client was driving upwards of 120 miles per hour on the freeway when he was spotted by law enforcement officers. Officers then began pursuit and our client failed to pull over for nearly two minutes.

During our negotiations with the prosecution, we argued that they would be unable to prove a required element of the charge – that our client saw or reasonably should have seen the lighted lamp of the peace officer’s vehicle. We argued that according to CALCRIM 2181, Subdivision 4(b) this was a required element of the charge and the prosecution would be unable to make this showing from the evidence.

Furthermore, we presented equitable documentation to the prosecution showing that our client was suffering from mental health issues and overwork contributing to his actions in the present offense. We provided documents showing that our client was gainfully employed in a lucrative and high-stress position which was demanding and resulted in our client driving for nearly 12 hours straight on the day of the incident. We also provided documentation that our client was an active volunteer and had many character letters referencing his good character.

With diligent negotiation and advocacy, we were able to negotiate with the prosecution to allow our client to plead to a Vehicle Code section 23103, Reckless driving misdemeanor charge for a minimal fine and no probation!

This was a great no prison, no jail, no probation felony reduction result on behalf of our client!


The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Escovar Law, APC or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction. The information on this website is a communication and is for informational purposes only. The facts of every case are unique and nothing on this page or on this website should be taken as legal advice for any individual case or situation. The information on this website is not intended to create an attorney-client relationship and viewing of this information does not create an attorney-client relationship. The result portrayed in this advertisement was dependent on the facts of this case. Results will differ if based on different facts.