Charges
Evading Police Bail Bonds
Two Vehicle Code sections, and one word — “wilful or wanton disregard” — that turns a misdemeanour into a felony.
Evading a peace officer is charged under Vehicle Code § 2800.1 as a misdemeanour, or § 2800.2 as a wobbler where the driving was done with wilful or wanton disregard for the safety of persons or property. That phrase is the whole difference, and it is proved in ways drivers rarely anticipate.
What separates the two
| VC 2800.1 | Wilfully fleeing or attempting to elude a pursuing peace officer, where the vehicle is distinctively marked, with lighted red lamp and siren, and the officer in uniform. A misdemeanour. |
| VC 2800.2 | The same, plus driving with wilful or wanton disregard for safety. A wobbler, frequently filed as a felony. |
| VC 2800.3 | Where the evading causes serious bodily injury or death. The most serious tier. |
Wilful or wanton disregard is commonly established by an accumulation of traffic violations during the pursuit, which is why a short, low-speed pursuit can still support the felony section.
Why it is rarely the only charge
An evading case usually arrives with whatever prompted the stop. We see it alongside DUI, warrant arrests, hit and run and resisting arrest. Because Orange County felony bails do not stack count by count, the bail is usually driven by the most serious count — which may or may not be the evading.
How the bail figure is built
Where a felony section has no individual entry in the Orange County schedule, the county prices it from the state prison top term using its guideline table — $20,000 at three years, rising through $55,000 at ten to $100,000 at sixteen, and $1,000,000 for life-term offences. See the Orange County bail schedule explained and how California bail schedules work.
One documented strike prior enhances bail to $100,000 and two to $200,000, and in Orange County felony bails do not stack count by count — the highest single amount plus enhancement governs. In Los Angeles County check the protocol column first: LA County bail amount lookup.
What to do first
- Get the exact section and subdivision as booked.
- Ask about enhancements and strike priors.
- Check for warrants and holds — how to check for a warrant.
- Ask whether § 1270.1 applies, which decides whether a reduction is possible tonight.
Questions we get asked most
Is evading police a felony in California?
Vehicle Code 2800.1 is a misdemeanour. Vehicle Code 2800.2, which requires wilful or wanton disregard for safety, is a wobbler and is frequently filed as a felony.
What counts as wilful or wanton disregard?
It is commonly established by an accumulation of traffic violations committed during the pursuit, so a short or low-speed pursuit can still support the felony section.
Does the pursuit have to be long?
No. Duration and speed are not the test.
Why is the bail higher than I expected?
Usually because evading is not the only count, and the bail is driven by the most serious charge on the booking.
Related resources
All bail services · Felony bail · Strike priors and bail · Orange County bail schedule · Bail reduction hearings · Can bail be denied?
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