CALCRIM No. 2182

§ 2800.1(a))

The defendant is charged [in Count] with evading a peace officer

[in violation of Vehicle Code section 2800.1(a)].

To prove that the defendant is guilty of this crime, the People must

prove that:

1. A peace officer driving a motor vehicle was pursuing the

defendant;

2. The defendant, who was also driving a motor vehicle, willfully

fled from, or tried to elude, the officer, intending to evade the

officer;

AND

3. All of the following were true:

(a) There was at least one lighted red lamp visible from the front

of the peace officer’s vehicle;

(b) The defendant either saw or reasonably should have seen the

lamp;

(c) The peace officer’s vehicle was sounding a siren as reasonably

necessary;

(d) The peace officer’s vehicle was distinctively marked;

(d) AND

(e) The peace officer was wearing a distinctive uniform.

[A person employed as a police officer by <insert name of

agency that employs police offıcer> is a peace officer.]

[A person employed by <insert name of agency that employs

peace offıcer , e.g., “the Department of Fish and Wildlife”> is a peace officer

if <insert description of facts necessary to make employee a

peace offıcer , e.g., “designated by the director of the agency as a peace

offıcer”> .]

Someone commits an act willfully when he or she does it willingly or on

purpose. It is not required that he or she intend to break the law, hurt

someone else, or gain any advantage.

A vehicle is distinctively marked if it has features that are reasonably

noticeable to other drivers, including a red lamp, siren, and at least one

other feature that makes it look different from vehicles that are not used

for law enforcement purposes.

A distinctive uniform means clothing adopted by a law enforcement

agency to identify or distinguish members of its force. The uniform does

not have to be complete or of any particular level of formality. However,

a badge, without more, is not enough.

New January 2006; Revised August 2006