People v. Rosel CA4/3

FACTS

On January 8, 2024, City of Orange Police Department Officer Nykolo Gonzalez noticed a vehicle driven by Rosel with a dark window tint he believed was in violation of Vehicle Code section 26708, subdivision (a)(1). After Rosel saw Gonzalez, Rosel “open[ed] his eyes really wide” and “open[ed] his hands to a 10:00 and 2:00 position” on the steering wheel. Gonzalez followed Rosel to make a traffic stop and activated his overhead emergency lights, but Rosel continued to drive and increased his speed. Gonzalez then turned on his siren. Instead of stopping, Rosel made a right turn onto a cross street while exceeding the 40 miles per hour speed limit. Rosel approached another intersection, increased his speed, crossed over double yellow lines, and drove into oncoming traffic for a short period of time. He then turned left at an intersection into a residential neighborhood, almost colliding with another vehicle. Gonzalez estimated Rosel was driving “in excess of 80 miles per hour” when he made the left turn.

2 Gonzalez continued pursuing Rosel and broadcasted information about the pursuit to other agencies in the area for assistance. Rosel continued to drive into oncoming traffic…