Hypothetical (ahem) question about evading police

Your friend is, not hypothetically, a moron.

I imagine if the cop got the plate, there would be a cruiser waiting for him at home. I doubt they'd wait for anything.
 

Wolfdog

Planes & Bikes
Your friend is, not hypothetically, a moron.

I imagine if the cop got the plate, there would be a cruiser waiting for him at home. I doubt they'd wait for anything.


Oh, without a doubt lmao. I'm going to yell at him vehemently next time I see him. Hypothetically.
Hmm, OK. Well I'm assuming he is avoiding the house atm, but will that do any good for him?
 

SuperMike

unsexy
He could ghost ride the bike in to a lake and report it stolen. Win win! No ticket and insurance buys him a new bike!!

:rolleyes
 

Kurosaki

Akai Suisei - 赤い彗星
Was he hypothetically somewhere around flow of traffic? Kinda fast but not unheard of for some stretches of highway. He hypothetically might have just gotten a slow down warning.

I've only been yanked once on my bike by a moto cop maybe going 5mph less than this story and that's all I got.
 

bojangle

FN # 40
Staff member
So I have a hypothetical buddy that got lit up this day/week/month somewhere in California. Apparently, he hypothetically got lit up by a motorcycle cop on the freeway doing about 85-90. Bone headed friend proceeded to run from the cops on his sport bike. He quickly lost the chp officer. Assuming the cop got his license plate, how much trouble will he be in?


Purely hypothetical question.

CVC 2800.1. (a) Any person who, while operating a motor vehicle and
with the intent to evade, willfully flees or otherwise attempts to
elude a pursuing peace officer's motor vehicle, is guilty of a
misdemeanor punishable by imprisonment in a county jail for not more
than one year if all of the following conditions exist:
(1) The peace officer's motor vehicle is exhibiting at least one
lighted red lamp visible from the front and the person either sees or
reasonably should have seen the lamp.
(2) The peace officer's motor vehicle is sounding a siren as may
be reasonably necessary.
(3) The peace officer's motor vehicle is distinctively marked.
(4) The peace officer's motor vehicle is operated by a peace
officer, as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code, and that peace officer is
wearing a distinctive uniform.
(b) Any person who, while operating a motor vehicle and with the
intent to evade, willfully flees or otherwise attempts to elude a
pursuing peace officer's bicycle, is guilty of a misdemeanor
punishable by imprisonment in a county jail for not more than one
year if the following conditions exist:
(1) The peace officer's bicycle is distinctively marked.
(2) The peace officer's bicycle is operated by a peace officer, as
defined in paragraph (4) of subdivision (a), and that peace officer
is wearing a distinctive uniform.
(3) The peace officer gives a verbal command to stop.
(4) The peace officer sounds a horn that produces a sound of at
least 115 decibels.
(5) The peace officer gives a hand signal commanding the person to
stop.
(6) The person is aware or reasonably should have been aware of
the verbal command, horn, and hand signal, but refuses to comply with
the command to stop.



CVC 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.

At those speeds it probably meets the elements for felony evading. So he either got away with an (initial) infraction charge, or he just turned an infraction into a felony by fleeing. Brilliant!
 
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Wolfdog

Planes & Bikes
At those speeds it probably meets the elements for felony evading. So he either got away with an (initial) infraction charge, or he just turned an infraction into a felony by fleeing. Brilliant!

Yeh definitely not something I would have recommended him to do. However, since he was successful in fleeing the officer, is it likely they will follow up?
 

Surj

Uneasy Rider
Yeh definitely not something I would have recommended him to do. However, since he was successful in fleeing the officer, is it likely they will follow up?

Just turn yourself in, dude.

Your friend was on an R6, right?
 

Wolfdog

Planes & Bikes
Just turn yourself in, dude.

Your friend was on an R6, right?

Actually not me, seriously haha. Im pretty careful with LE, my job would be jeopardized with any major interaction. Nope he was not on an r6, it was something much faster. My r6 is track only as of this summer.
 
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Wolfdog

Planes & Bikes
Sounds like a tidy little alibi...

The best alibi's are the true one! :thumbup

Edit: everyone. This was not me. Only asking cause I was curious, didn't want to advise my friend to do something only to get a call from him in jail asking for bail :')
 
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NorCalBusa

Member #294
So I have a hypothetical buddy that got lit up this day/week/month somewhere in California. Apparently, he hypothetically got lit up by a motorcycle cop on the freeway doing about 85-90. friend proceeded to run from the cops on his sport bike. He quickly lost the chp officer. Assuming the cop got his license plate, how much trouble will he be in?

Purely hypothetical question.

I think a hypothetical of a hypothetical- means it's real. In a double negative kinda way...
 

Shaggy

Zoinks!!!!
Someone who is willing to do 90mph on the freeway and run from the cops probably isn't going to give much of a care about riding a race bike on the street.

:2cents
 

Wolfdog

Planes & Bikes
Someone who is willing to do 90mph on the freeway and run from the cops probably isn't going to give much of a care about riding a race bike on the street.

:2cents

I agree. However, like I said, in this case I was not the guilty party. Those that have ridden with me will vouch that I'm not likely the type of person to run from what would be a single point on my otherwise clear license. Merely interested in the wellbeing of the runner. If I don't get any more on topic answers I'll just delete the post. Thanks to everyone that provided information.
 
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Bottom line:

If the CHP got the plate and thought it was felony evading, they could absolutely do follow-up and contact your friend at a later time. It may not result in an immediate arrest at that point, but could be sent to the District Attorney for charges to be filed at which point your friend would be summoned to show up in court.

The CHP could also just let it go and decide not to further investigate if they thought it was a misdemeanor or not likely to succeed or if they didn't get a plate.

Hard part is, your friend won't know which way it's going until he finds out from the CHP directly. Haha.

Poor life choice by your friend.
 

Wolfdog

Planes & Bikes
Bottom line:

If the CHP got the plate and thought it was felony evading, they could absolutely do follow-up and contact your friend at a later time. It may not result in an immediate arrest at that point, but could be sent to the District Attorney for charges to be filed at which point your friend would be summoned to show up in court.

The CHP could also just let it go and decide not to further investigate if they thought it was a misdemeanor or not likely to succeed or if they didn't get a plate.

Hard part is, your friend won't know which way it's going until he finds out from the CHP directly. Haha.

Poor life choice by your friend.


This was the info I was looking for! I appreciate it!


Yeh, unfortunately he made a bad decision (he's had a few tickets this year and one at 100+). Hoping he's shaken up enough to slow down on the commutes, don't want to read about any wrecks or arrests. Thanks again for the info.
 

Cincinnatus

Not-quite retired Army
We have way too many :rip threads. Do your hypothetical friend a favor and send him the links to any number of them here on teh BARFs.

We mourn all riders that pass, whether they're BARFers or not, and we really don't want your friend to die or be badly injured. Tell him to slow the fack down because you don't want to attend his funeral and console his family.
 
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