Evading Law Enforcement / Reckless Driving

Drivers who fail to yield to police when requested to do so in California can be charged with evading arrest. In certain cases, authorities may add reckless driving to the charges. Evading a peace officer with reckless driving is an extremely serious offense with harsh consequences that requires an expert defense lawyer. The experienced defense attorneys of The Kavinoky Law Firm are skilled in every aspect of defending California evading arrest and reckless driving charges.

Evading law enforcement with reckless driving can be charged as either a misdemeanor or a felony, depending on the facts of the case. How the offense is charged will determine the consequences if the driver is convicted.

A misdemeanor conviction for evading arrest with reckless driving can result in fines, probation, a driver’s license suspension, and even jail time. A felony conviction is much more serious. The driver can be sentenced to prison for as long as three years.

In some instances, the driver may face additional charges. If alcohol and/or drugs were a factor, the driver will likely be charged with DUI / DWI or driving under the influence of drugs. If the driver is accused of leaving the scene of an accident, there will probably be a hit-and-run charge to contend with.

In order to prove a charge of evading arrest with reckless driving, the prosecutor must establish that the driver had a willful disregard for the safety of others, which is very difficult to prove beyond a reasonable doubt. In addition to establishing the driver’s disregard for others’ safety, the prosecutor must also prove every element of the evading police charge.

Because the prosecutor’s burden of proof is so great in a California evading arrest / reckless driving case, it’s entirely possible to fight this charge and win. An experienced defense lawyer will examine every item of evidence to determine the appropriate challenges. Remember, in order to be convicted, all 12 jurors must be convinced beyond a reasonable doubt of the driver’s guilt. If just one juror harbors any doubt, the case is won.

In some cases, it may be in the driver’s best interests to negotiate a settlement instead of taking the case to trial. A plea bargain can sometimes resolve the case satisfactorily when the driver pleads guilty in exchange for reduced charges and/or alternative sentencing.

Regardless of the circumstances of the case, the knowledgeable defense attorneys of The Kavinoky Law Firm will fight to protect the driver’s rights and freedom in a California evading law enforcement / reckless driving case. To learn more about proven defenses to these charges, contact a caring defense lawyer today for a free consultation.