Many people who have been drinking and get behind the wheel of a car attempt to flee an officer if they are close to being pulled over. There is a common misconception that "evading" simply means running away from the police, but that may not be a crime. The offense of evading is codified in Vehicle a Code 2800.2.
A person violates Vehicle Code section 2800.2 if he 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." Section 2800.1 has four elements regarding the police vehicle and officers. The police car must (1) exhibit at least one red light, (2) be sounding a siren as reasonably necessary, (3) be distinctively marked, and (4) be driven by a peace officer who is wearing a distinctive uniform.
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