Legal Question in Traffic Law in California

California Vehicle Code 2800.2, felony evading, is a "wobbler," meaning it can be charged as a felony with a maximum of three years in state prison, or a misdemeanor with the potential for up to a year in county jail.

A person does not have to be in the vehicle at the time of arrest to be charged with this offense; for instance, we've all seen the police chase videos on TV where a driver leads police on a long chase, crashes, then bails out and runs.

Of course, it is harder for the prosecution to prove the defendant was the driver if he was arrested later, instead of being caught behind the wheel.