How California’s Resisting Arrest Laws Are Often Misapplied During Traffic Stops

Resisting arrest is one of the most commonly added charges in Orange County, and it frequently appears after routine traffic stops where the situation escalated. At the Law Offices of William W. Bruzzo, our Orange County criminal defense attorney has seen many cases where a resisting arrest charge was tacked on after a traffic stop, even when the driver did nothing more than ask questions or express frustration. These charges are often beatable, but only if you have a lawyer who knows how to challenge them.

What Does California Law Say About Resisting Arrest?

Penal Code Section 148(a)(1) makes it a misdemeanor to willfully resist, delay, or obstruct a peace officer in the performance of their duties. The statute is broad, and that breadth is part of the problem. Prosecutors can use it to charge anything from physically pulling away during handcuffing to simply walking away when an officer is speaking to you. The maximum penalty is one year in county jail and a $1,000 fine.

A more serious charge, Penal Code Section 69, covers resisting an executive officer by force or threats. This is a wobbler that can be charged as a felony, carrying up to three years in state prison. During traffic stops, officers sometimes upgrade a 148 to a 69 if they claim the driver made threatening statements or physically resisted.

How Are These Charges Misapplied During Traffic Stops?

The most common scenario involves a driver who questions why they are being stopped or detained. Asking an officer a question is not a crime. Verbally expressing disagreement is not obstruction. California courts have consistently held that speech alone, without physical interference, generally does not constitute resisting arrest. However, officers on the scene do not always draw that distinction, and the charge gets filed anyway.

Body camera and dashcam footage often tells a different story than the police report. An experienced criminal defense lawyer will subpoena that footage immediately. If the video shows you were cooperative or that the officer escalated the situation, the evidence from the stop may be challengeable. Courts also look at whether the officer was acting lawfully. If the underlying stop or arrest was unlawful, you cannot be convicted of resisting it.

What Defenses Work Against a Resisting Arrest Charge?

Several defenses apply. First, the officer must have been performing a lawful duty at the time. If the traffic stop lacked reasonable suspicion, or if the arrest lacked probable cause, then the resistance was not resisting a lawful act. Second, your actions must have been willful. Reflexively pulling your arm away when startled is not the same as deliberately resisting. Third, if the officer used excessive force, you had the right to defend yourself with proportional force.

Speak With an Orange County Criminal Defense Attorney About Your Traffic Stop Arrest

If you were charged with resisting arrest after a traffic stop in Orange County, do not assume the charge will stick just because it is on the police report. At the Law Offices of William W. Bruzzo, we challenge these charges by reviewing body camera footage, questioning the legality of the stop, and exposing exaggerated police reports. Contact us online for a free consultation, or call our criminal defense lawyer today at (714) 547-4636.