California Court of Appeal

Conviction of driving with a willful or wanton disregard for the safety of persons or property while fleeing from pursuing peace officers is affirmed over claim that Vehicle Code section 2800.2 creates an unconstitutional mandatory presumption by allowing a finding of willful or wanton disregard based solely on commission of three traffic offenses resulting in violation points, thus relieving the prosecution of its burden of proving willful or wanton disregard.

Appellate Information

• Decided 03/21/2006
• Published 03/21/2006

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Matthew Alger, Fresno, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Stephen G. Herndon, Harry Joseph Colombo and Alison Elle Aleman, Deputy Attorneys General, for Plaintiff and Respondent.