One of the requirements in California, is that the person in the car actually be driving the car. If there is any question as to who it was in fact driving, there may be room for reasonable doubt. The police will try to establish at the scene who was driving. If they pull up behind a car and actually see who is driving the car, then there is little doubt that the driving defense will not work. Many people think that if they can only outrun the police and make it home, they can act innocent. This is a mistake with potential disastrous results. If you do run and then are caught, you will only compound the charges and the penalty against you. And, more importantly, you will endanger the lives of innocent people. Never try to evade the police. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.