Resisting And Evading
Penal Code 148 — resisting, delaying or obstructing, and fleeing in a car
In California, willfully resisting, delaying or obstructing a peace officer, a public officer or an emergency medical technician in the discharge of a duty is punishable by a fine of up to $1,000, up to one year in county jail, or both, where no other punishment is prescribed. Recording an officer in a public place is not, by itself, a violation.
Using threats or violence to deter an executive officer from a duty, or knowingly resisting an officer by force or violence, is a more serious offense, punishable by a fine of up to $10,000, a county jail or prison term, or both.
| In a vehicle | What the Vehicle Code sets |
|---|---|
| In a vehicleWillfully failing to comply with a lawful order, signal or direction of a uniformed officer enforcing the code | What the Vehicle Code setsUnlawful |
| In a vehicleWillfully fleeing a pursuing police vehicle showing a red light, sounding a siren as reasonably necessary, distinctively marked, with a uniformed officer driving | What the Vehicle Code setsA misdemeanor, up to one year in county jail |
| In a vehicleFleeing with willful or wanton disregard for the safety of persons or property | What the Vehicle Code setsState prison or six months to one year in county jail, and a fine of $1,000 to $10,000 may be added |
Willful or wanton disregard includes committing three or more point count traffic violations while fleeing, or causing property damage.
Sources for this section (5)
- Penal Code 148 — Resisting, delaying, or obstructing an officer
- Veh. Code 2800.1 — Fleeing a peace officer's vehicle
- Penal Code 69 — Resisting an executive officer by threats or force
- Veh. Code 2800 — Failing to comply with a peace officer's lawful order
- Veh. Code 2800.2 — Fleeing with willful or wanton disregard for safety
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.