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Well now of course he is going to say that....if he said that your brother is toast you probably wouldn't hire him....
Here is the actual section, note that it doesn't take much to turn evading into a felony. Also note that nowhere in the section does it say anything about hurting any. I have charged this many times, all I have to do is articulate how they were fleeing in a "wilful or wanton disregard" for the safety of others, and bam! Felony.
Also note section b. If while evading he makes three moving violations (ie speed/rolls a stop sign/ passes over double yellow) OR causes ANY property damage (ie sideswipes a parked car) it meets the criteria to be a felony.
Evading a Peace Officer: Reckless Driving
2800.2.**(a) If a person 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, the person driving the vehicle, upon conviction, shall be punished by imprisonment in the state prison, or by confinement in the county jail for not less than six months nor more than one year. The court may also impose a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or may impose both that imprisonment or confinement and fine.
(b) For purposes of this section, a willful or wanton disregard for the safety of persons or property includes, but is not limited to, driving while fleeing or attempting to elude a pursuing peace officer during which time either three or more violations that are assigned a traffic violation point count under Section 12810 occur, or damage to property occurs.
Here is the actual section, note that it doesn't take much to turn evading into a felony. Also note that nowhere in the section does it say anything about hurting any. I have charged this many times, all I have to do is articulate how they were fleeing in a "wilful or wanton disregard" for the safety of others, and bam! Felony.
Also note section b. If while evading he makes three moving violations (ie speed/rolls a stop sign/ passes over double yellow) OR causes ANY property damage (ie sideswipes a parked car) it meets the criteria to be a felony.
Evading a Peace Officer: Reckless Driving
2800.2.**(a) If a person 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, the person driving the vehicle, upon conviction, shall be punished by imprisonment in the state prison, or by confinement in the county jail for not less than six months nor more than one year. The court may also impose a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or may impose both that imprisonment or confinement and fine.
(b) For purposes of this section, a willful or wanton disregard for the safety of persons or property includes, but is not limited to, driving while fleeing or attempting to elude a pursuing peace officer during which time either three or more violations that are assigned a traffic violation point count under Section 12810 occur, or damage to property occurs.
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