In their mission to serve and protect the public, police officers have the authority to issue orders to people. Legally, everyone must obey all the orders issued by the peace officers as they perform their duties. If a police officer pulls you over for a suspected violation of the law, you must follow that order and cooperate with the investigation. Most of these orders are aimed at public safety and keeping order during an emergency.

If you disobey an order from a peace officer, you risk facing arrest and criminal charges under California Vehicle Code 2800. A conviction for failing to obey a peace officer could have serious consequences, including jail time and hefty fines. Therefore, hiring and retaining a competent criminal attorney is vital when facing charges under this statute. Your attorney will help you build a defense against the charges and ensure the best possible outcome in your case.

Overview of California Vehicle Code 2800

While performing their daily duties of keeping peace and order, the police officers are likely to give various orders to people. Failing to obey these directions or orders is a violation of California law. Disobeying a police officer is a serious crime addressed under California VC 2800.

Before facing a conviction under this statute, the prosecutor must establish these elements beyond a reasonable doubt:

You willfully Refused to Comply with an Order or Direction from a Police Officer.

Police officers give various orders, including signals to stop the vehicle for a license check or DUI investigations. If you stop your car, the officer could ask that you step out or provide different documents that you need to carry around while operating a motor vehicle.  Additionally, a police officer who directs traffic will issue directions to different drivers on how to act on the road. 

When proving your guilt for disobeying the law enforcement officer, the prosecution needs to establish that the officer gave an order and you deliberately failed to comply. However, willful acts do not need to be accompanied by an intent to commit a crime to gain an advantage. You cannot face a conviction under this statute if you did not hear what the officer asked.

California VC 2800 is also used to prosecute individuals who fail to comply with out-of-service orders. A police officer can issue an out-of-service order if your vehicle is unsafe to operate or is not equipped accordingly. Depending on your actions when disobeying the officer, the prosecutor can bring additional charges for evading an officer or resisting an arrest.

The Officer was in a Distinctive Uniform

You are not obligated to go around obeying orders from everyone on the road. Therefore, an officer who gives a legal order should be in a distinctive uniform. This means they have clothing that sets them aside from other individuals on the road. A complete uniform is not necessary in this case. A police badge without any other distinction is enough.

The Law Enforcement Officer Was Performing Their Duties

You are only obliged to obey orders from a police officer who actively performs their duties. Therefore, the prosecution needs to show that the officer who gave the order was on duty when you disobeyed their orders.

Some of the examples of Disobeying a police officer include:

  1. Refusing to provide your vehicle registration or license when an officer asks you to provide these documents at a traffic stop.

  2. Refusing to stop your vehicle when a traffic officer signals you to stop. Some of the signals that an officer could use include the hand signal, siren sounds, emergency lights, and verbal signals.

  3. Failure to alight from your vehicle at the officer's request during a traffic stop.

  4. Driving past a police barrier. Often traffic officers place a barrier on the road as a signal for all the vehicles to stop for checks. If you drive around or over the barrier, you can face arrest and criminal charges.

  5. Driving away from a police checkpoint before the officer permits you. For example, some people stop their vehicles during a traffic stop. However, when they realize that police officers are administering the breathalyzer test to check for DUI, they drive off without permission from the officer. Such conduct could attract charges for disobeying an officer.

  6. Operating a vehicle in violation of out-of-service order. 

  7. Ignoring the directions of an officer who is actively directing traffic.

Sentencing and Punishment for Disobeying a Police Officer

Disobeying a police officer under California VC 2800 is a misdemeanor that attracts a six months jail sentence and a fine not exceeding $1,000. In California, the judge has the discretion to award you probation instead of a jail sentence.

Probation for Disobeying a Police Officer

Disobeying a police officer is not a violent offense. Therefore, almost everyone facing a conviction under VC 2800 may be eligible for summary probation. The purpose of sentencing a defendant to probation is to rehabilitate them and protect the public. Although probation is mostly offered to first-time offenders and juveniles, the court's assessment will determine your eligibility. It will help if you have a skilled lawyer to convince the court that it is best to put you on probation.

A probation sentence under this statute is not automatic. Your attorney must agree with the prosecution. If you are sentenced to probation, you are unlikely to spend any time in jail. Probation is not always the best option, and you have a right to reject it. Before you agree to serve probation, you must ensure that the sentence serves your interest.

Misdemeanor probation lasts for one to three years. During this time, you must comply with all the probation conditions. If you do not want to be tied to the court system for this long, you can opt to serve your six-month jail sentence and move on with your life. When sentencing you to probation, the court will order that you adhere to various probation conditions. Although the judge has the discretion in crafting these conditions, they must be reasonable and geared towards serving justice.

Common probation conditions for disobeying a police officer include:

  • Payment of all court fines. The maximum penalty for violating VC 2800 is $1,000

  • Community service.

  • The requirement to seek gainful employment throughout the probation period.

  • Avoid driving under the influence of alcohol or drugs.

  • Attend all your court dates.

  • Avoid further criminal conduct.

Securing a probation sentence is crucial to keeping you out of jail. However, if you violate any of the above probation conditions, you risk facing charges for probation violation. A probation violation hearing is scheduled if the court discovers that you violate one of the probation terms.

At this hearing, the court will present evidence of your violation. You have a right to have legal guidance and present counter-evidence. Additionally, you can try to convince the court that your violation was minor or accidental. The best outcome of the probation violation hearing is the reinstatement of the probation with the original terms.

If the prosecutor is successful at proving the violations, the court will impose the following actions:

  • Reinstate your probation with harsher conditions which could prove challenging to follow through.

  • Revoke the probation and impose the original jail sentence.

  • Revoke the probation and impose a maximum jail sentence for your offense.

You must obey all the conditions if you are fortunate to secure a probation sentence for disobeying a law enforcement officer.

Legal Defense against Vehicle Code 2800 Charges

Facing an arrest and criminal charges for violating California VC 2800 is not the end of the road for you. It is possible to fight the charges and avoid the consequences of a conviction. A knowledgeable attorney will help you uncover all the facts of your situation and build a solid defense around the following arguments:

Your Actions were not Willful

One of the key elements of VC 2800 is the fact that you acted willfully. Often, your actions are considered willful if they were deliberate. However, the court will not require the prosecution to prove that you intended to break the law or harm anyone. Failing to understand the order or notice a signal from a police officer does not constitute disobedience in this case. For example, if an officer flags down your vehicle while signaling other drivers to move along, you may fail to realize that the sign to stop was meant for you.

The officer was not in Uniform

It is not uncommon to find people impersonating police officers in California. Therefore, an officer who issues an order should be dressed in a manner that distinguishes them from other public members. Although the police officer does not need to be in full Uniform, they should have at least part of it. Therefore, you can claim that the identity of the person who issued the order was unclear, and you did not think you needed to obey the order.

The Officer was not on Duty

You are only obligated to obey a police officer's order if they perform their official duties. When a peace officer is off duty, they do not have a right to give you an order. Therefore, you can argue that the alleged officer was off duty and thus did not feel you needed to obey the order they issued.

You were Dealing with an Emergency

If you face VC 2800 charges for failing to stop your vehicle when ordered to do so by a police officer, you can argue that there was an emergency. In cases where you were involved in a life-threatening situation, you may be entitled to ignore the orders from a peace officer. For example, the court could make an exemption when you are rushing a seriously ill person to the hospital and reasonably believe that stopping could compromise their wellbeing.

You were Obeying an Order from Another Officer

Sometimes, different police officers give conflicting orders to one person. A common defense to charges of disobeying a police officer is claiming that you were following the directions from another officer. Therefore, you could not have formed a willful intent to disobey the other officer.

What is the Difference Between Disobeying a Police Officer and Resisting arrest?

Disobeying a police officer is a crime you commit when you fail to comply with a signal or direction from a police officer. On the other hand, resisting arrest involves obstructing or delaying a police officer as they attempt to arrest you or another person. Resisting arrest is different from disobeying a peace officer not only in its definition but also in the elements of the crime.

Resisting arrest is charged under California Penal Code 148(a) and has the following elements:

  • A police officer or emergency medical technician was performing their duties.

  • You willfully attempted to delay or obstruct their performance of a legal duty. Hindering or obstructing an arrest is not limited to physical acts. Therefore, committing this offense goes beyond resisting the placement of handcuffs or running away from the officer. Issuing verbal threats to an officer as they try to arrest you could suffice under this statute.

  • You knew that the officer was performing their duties. The prosecution proves this element by showing your knowledge that the law enforcement officer was performing an act within their scope of responsibilities.

Although resisting an arrest and disobeying a police officer is not the same, both offenses are misdemeanors. A conviction for resisting arrest attracts a one-year jail sentence and a $1,000 fine.

If I Fail to Stop My Vehicle when a Police Officer Flags me down, will the prosecutor Charge me with Evading a Police Officer or Disobeying a Police Officer?

The crime with which the prosecutor will charge you depends on the circumstances of your case. If an officer by the side of the road signals you to stop and you fail to do this, you will face charges for disobeying a police officer. However, if the officer goes ahead to pursue you in a police vehicle or motorcycle, you will face charges of evading a police officer.

Under California VC 2800.1, evading a police officer involves running away or attempting to run from an officer in active pursuit of you. If the prosecutor decides to charge you with evading a police officer instead of VC 2800, they must prove these elements to secure a conviction:

  • An officer was pursuing you. Whether or not the alleged officer was pursuing you when you drove off is determined by the jury during your trial.

  • You willfully fled from the officer in a vehicle. Even if you did not flee to break the law or gain any advantage, running from an officer in a car will constitute the definition of VC 2800.1.

  • The officer was marked distinctly. What distinguishes a police officer from other members of the public is the siren from their police uniform.

Unlike disobeying a police officer, evading an officer is a wobbler. The prosecution can charge the offense as a felony or a misdemeanor, depending on the specific factors of your case. When charged as a misdemeanor, evading an officer attracts a one-year jail sentence, up to $1,000 in fines, and a driver's license suspension.

On the other hand, a felony conviction under this statute will attract a state prison sentence, a $10,000 fine, driver's license suspension, and vehicle impoundment. You must seek legal guidance when you face criminal charges for evading a police vehicle and official uniform.

A knowledgeable attorney may convince the prosecution to reduce your charges to disobeying a police officer, which is a lesser offense and will not result in the suspension of your driver's license.

Find a Knowledgeable Los Angeles Criminal Defense Lawyer Near Me

California Vehicle Code 2800 makes it unlawful to disobey an order from a police officer. If everyone were allowed to ignore police orders, the law enforcement officers would not have a way to maintain order or protect the public. An order from a peace officer can mean a direction to stop investigations on suspected criminal activity or out-of-service orders.

 A simple act such as failing to stop your vehicle when called upon by a police officer will attract an arrest, criminal charges, and a possible conviction under this statute. The penalties that accompany a conviction for disobeying a peace officer are serious and sometimes life-changing. Fortunately, all arrests under this statute do not attract a conviction. With the help of a skilled lawyer, you can present a variety of defenses to the case to avoid a conviction or have your penalties reduced. If you or your loved one battles charges for violation of VC 2800, it is crucial that you consult with a criminal defense lawyer.

At the LA Criminal Defense Law Firm, we understand the severity of the effects that such a conviction could have on your life. Our skilled attorneys will investigate every detail of your case and ensure your rights are protected while fighting these charges in Los Angeles, CA. Call us at 310-935-1675 for consultation.