California Vehicle Code Section 2800 VC
VC 2800 – Disobeying A Peace Officer
Disobeying A Peace Officer – Table of Contents
- VC 2800 Overview
- VC 2800 Sentencing
- VC 2800 Prosecution
- VC 2800 Defenses
- Disobeying A Peace Officer – Hire Us
Law enforcement officers are tasked with the responsibility of keeping the public safe and maintaining general order. To do this well, they sometimes need to give lawful orders to the public. Once a person refuses to obey a lawful order given to them by a peace officer, it makes it harder for him or her to carry out their responsibility efficiently putting the population at large at risk.
Refusing to obey a law enforcement officer in California is considered a criminal offense under the California Vehicle Code 2800 VC. Any person who ignores the signals, directions, or any other lawful orders made by peace officers is committing a misdemeanor offense under this statute.
The California Vehicle Code 2800 VC is also used to prosecute anyone who ignores or does not comply with a lawfully issued out-of-service order. Out-of-service orders are handed out if your vehicle is regarded to be unsafe to operate on the road or not properly equipped. Usually, they are issued by California Highway Patrol or any other authorized enforcement officer.
Being convicted for disobeying a peace officer in violation of California Vehicle Code Section 2800 VC is regarded as a misdemeanor. If convicted, the defendant could be facing up to six months of jail time, and some courts demanded fines. The court may also choose to grant informal probation and some probationary requirements that the judge may request.
Crimes Related To Disobeying a Peace Officer
- Resisting Arrest – California Penal Code Section 148(a) PC
- Unauthorized Entry into a Closed Emergency Area – California Penal Code Section 409.5(c) PC
- Refusal to Disperse – California Penal Code Section 409 PC and California Penal Code Section 416 PC
- Evading a Peace Officer – California Vehicle Code Section 2800.1 VC
- Evading Peace Officer causing Injury – California Vehicle Section 2800.3 VC
To get you convicted for violating the California Vehicle Code 2800 VC there are a couple of elements that the prosecutor has to prove. Understanding these elements can help you in building a suitable defense against this statute. Thus, to get sentenced under this statute the prosecutor needs to prove without a reasonable doubt.
- The defendant willfully refused, or failed to comply with a lawful order, signal, or direction of a peace officer.
- The law enforcement officer was in their uniform and was performing their duties at the time the order was made.
Thus the prosecutor has to prove that the defendant was working on their own accord when they refused to follow the order given to them. Meaning they intentionally chose to ignore the signals, directions, or any other lawful orders given to them by a law enforcement officer. The peace officer giving out the order also needs to be recognizable as a law enforcement officer, meaning they were wearing their uniform for the defendant to be prosecuted under this statute.
There are many defenses one can use to successfully argue charges under California Vehicle Code 2800 VC. A criminal defense attorney can go through these defenses and help you figure out which ones would serve your case best. Some of these defenses include:
Did Not Willfully Disobey A Peace Officer
To be prosecuted under this statute, the defendant needs to have intentionally ignored or refused to comply with the order given to them by a law enforcement officer. Therefore, if the defendant can prove they were not aware an order was given. This can serve as a suitable defense and get their charges dismissed.
Was In An Emergency Situation
Emergencies can happen at any time, anywhere, and cause us to act in an unorthodox way. They may be some emergencies that prompt the defendant to ignore the order of a peace officer, especially if they believed they were in a life or death situation. For example, if the defendant chose to ignore an order to reach a loved one in critical condition to the hospital. Then the defendant should not be prosecuted under the California Vehicle Code 2800 VC.
When facing criminal charges for disobeying a peace officer, you must speak to a criminal defense lawyer. A lawyer with over 20 years of experience handling criminal cases like Seppi Esfandi is just who needs by your side to successfully argue your case in court.
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Seppi Esfandi is an Expert Criminal Defense Attorney who has over 20 years of practice defending a variety of criminal cases.
How to Win Your Case
We cannot stress enough that you read, understand and follow these 10 basic rules if you are criminally charged or under investigation:
- Don’t ever talk to the police
- Do not discuss your case with anyone
- Everything you tell your lawyer is confidential
- Tell police you need to contact your attorney
- Never consent to any search by the police
- If the police knock on your door, don't answer!
- Realize the consequences of a criminal conviction
- Your lawyer (not you) will contact any witnesses
- Information on your cell phone is evidence
- Early Intervention is the key