Recently at the Yreka Courthouse in Northern California, my client was charged in Count 1 with a violation of Vehicle Code section 2800.1 (felony), Attempting to Evade Peace Officer While Driving Recklessly. This charged offense exposed my client to potential prison custody for a maximum time of three (3) years.
Investigation into the discovery revealed that our client was driving upwards of 120 miles per hour on the freeway when he was spotted by law enforcement officers. Officers then began pursuit and our client failed to pull over for nearly two minutes.
During our negotiations with the prosecution, we argued that they would be unable to prove a required element of the charge – that our client saw or reasonably should have seen the lighted lamp of the peace officer’s vehicle. We argued that according to CALCRIM 2181, Subdivision 4(b) this was a required element of the charge and the prosecution would be unable to make this showing from the evidence.
Furthermore, we presented equitable documentation to the prosecution showing that our client was suffering from mental health issues and overwork contributing to his actions in the present offense. We provided documents showing that our client was gainfully employed in a lucrative and high-stress position which was demanding and resulted in our client driving for nearly 12 hours straight on the day of the incident. We also provided documentation that our client was an active volunteer and had many character letters referencing his good character.
With diligent negotiation and advocacy, we were able to negotiate with the prosecution to allow our client to plead to a Vehicle Code section 23103, Reckless driving misdemeanor charge for a minimal fine and no probation!
This was a great no prison, no jail, no probation felony reduction result on behalf of our client!
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