On May 4, a 21-year-old man was spotted by a police officer driving at dangerously high speeds through town, according to the Irvine Police Department.
When the officer called a red flag and tried to stop the aspiring “Max Verstappen,” the driver evaded the officer.
In the interest of safety, the Irvine police officer decided to put the brakes on the pursuit. The driver made a dramatic pit stop at Irvine Valley College (IVC) and he then took off on foot.
The Irvine Police Department’s partners at the Irvine Valley College Police Department located the car parked on their campus a short time later and notified the IPD.
After obtaining a search warrant to access the dash cam footage, they got an instant replay and found enough evidence to put the pedal to the metal on identifying this need-for-speed renegade. But wait, there’s more! This driver left his wallet and driver’s license behind. Oops!
On Saturday, the man turned himself in to our officers and was charged with reckless driving and evading arrest.
To all you street racers and reckless drivers out there: the IPD is like a finely tuned engine, always one step ahead and ready to rev up accountability for putting lives in the fast lane to danger. Thank you to the police officers at Irvine Valley College for helping to steer this case in the right direction.
Here’s a breakdown of the potential penalties for getting arrested on reckless driving and evading arrest charges in Irvine, California. Note that the specific penalties can vary significantly based on the details of the incident, your prior criminal record, and the discretion of the prosecutor and the court:
Reckless Driving (California Vehicle Code § 23103(a))
Reckless driving is generally a misdemeanor in California. The penalties can include:
- Jail Time: 5 to 90 days in county jail.
- Fines: $145 to $1,000.
- Driver’s License Points: 2 points on your DMV record, which can lead to increased insurance premiums or license suspension if you accumulate too many points within a certain timeframe.
Increased Penalties:
- Reckless Driving Causing Injury (California Vehicle Code § 23104): If your reckless driving causes injury to another person, the penalties can increase to 30 days to one year in jail and a fine between $220 and $1,000.
- Reckless Driving Resulting in Serious Injury (California Vehicle Code § 23105): This can be charged as a misdemeanor or a felony (a “wobbler”).
- Misdemeanor: Up to one year in county jail and a fine up to $1,000.
- Felony: Up to three years in state prison and a fine up to $10,000.
- “Wet Reckless” (California Vehicle Code § 23103.5): This is a reduction from a DUI charge and carries penalties of up to 90 days in county jail and a fine up to $1,000.
Evading a Peace Officer (California Vehicle Code § 2800.1)
Evading a peace officer is also typically a misdemeanor in California. To be convicted, the prosecution generally needs to prove that:
- A peace officer in a vehicle or on a bicycle was pursuing you.
- You were operating a motor vehicle and willfully fled or attempted to elude the officer, intending to evade.
- The officer’s vehicle had at least one lighted red lamp visible from the front, which you saw or should have seen.
- The officer’s vehicle was sounding a siren as reasonably necessary.
- The officer’s vehicle was distinctively marked.
- The officer was wearing a distinctive uniform.
The penalties for misdemeanor evading a peace officer can include:
- Jail Time: Up to one year in county jail.
- Fines: Up to $1,000.
- Vehicle Impoundment: Your vehicle could be impounded for up to 30 days.
Reckless Evading a Peace Officer (California Vehicle Code § 2800.2)
If, while evading a peace officer, you drive with a willful or wanton disregard for the safety of persons or property, you can be charged with reckless evading, which is a “wobbler” offense (can be charged as a misdemeanor or a felony). “Wanton disregard for safety” means you were aware your actions posed a risk of harm and intentionally ignored that risk. Examples include committing three or more traffic violations during the pursuit or causing property damage.
- Misdemeanor: 6 months to one year in county jail and a fine up to $1,000.
- Felony: 16 months, 2, or 3 years in state prison and a fine up to $10,000. Your driver’s license may also be suspended or revoked, and your vehicle could be impounded for up to 30 days.
Evading a Peace Officer Causing Injury or Death (California Vehicle Code § 2800.3)
If someone is injured or killed as a direct result of your evading a peace officer, the penalties are significantly more severe. This is also a “wobbler” if injury occurs and a felony if death occurs.
- Causing Injury (Felony): 3, 5, or 7 years in state prison and a fine of $2,000 to $10,000. As a misdemeanor, the penalty is up to one year in county jail and a fine of $2,000 to $10,000.
- Causing Death (Felony): 4, 6, or 10 years in state prison and a fine of $2,000 to $10,000.
Evading a Peace Officer by Driving Against Traffic (California Vehicle Code § 2800.4)
If you evade by driving in the opposite direction of traffic or into oncoming traffic, you face a minimum of 6 months to 1 year in jail and/or a fine of $1,000 to $10,000.
In summary, if you are arrested on charges of reckless driving and evading arrest in Irvine, CA, you could face a range of penalties including jail time, significant fines, driver’s license suspension or revocation, and a criminal record. The severity of the penalties will depend on the specific circumstances of your case, including the manner of driving, whether anyone was injured, and whether you have any prior convictions.
The $1,000 fines are clearly insufficient. Especially when it’s very common in CA to see vehicles upwards of $100,000 on the road. We need much stiffer fines across the board so everyone realizes they have a lot to lose by driving dangerously. But more importantly fines need to be proportional to income so the wealthy can’t buy their way out.