C.A. 4th;
D070980

The Fourth Appellate District affirmed a judgment of conviction. In the published portion of its opinion, the court held that the defendant need not personally have incurred traffic violation points in order to be found guilty of reckless driving while evading police officer.

Jason Leonard was charged with reckless driving while evading a police officer, in violation of Veh. Code §2800.2(a). That statute makes it a crime to drive a pursued vehicle “in a willful or wanton disregard for the safety of persons or property…” At Leonard's jury trial, the prosecution presented evidence that Leonard, while fleeing a California Highway Patrol officer, exceeded the posted speed limits, ran two stop signs, and several times crossed the double yellow line separating him from oncoming traffic. The jury found him guilty.