Is Evading the Police a Crime in Oklahoma?
Evading the police after committing a crime may seem like a good idea in the moment. But as someone drives away from the flashing lights and sirens, the police begin making a long list of the person’s criminal offenses. These could include failure to obey traffic signs, speeding, or reckless driving. If there is an accident during the driver’s flight, he or she could face even more serious charges: leaving the scene of an accident, fines for property damage – even manslaughter if someone dies. Finally, the driver probably will face a charge of evading or eluding the police.
What Is Evading the Police Under the Law?
In Oklahoma, evading the police is a criminal offense if a driver “willfully increases the speed or extinguishes the lights of the vehicle in an attempt to elude such peace officer, or willfully attempts in any other manner to elude the peace officer” after the officer activates his lights and siren. 21 O.S. § 540A. In other words, if a peace officer tries to pull you over on the road, speeding up or turning off your lights may lead to an “eluding a peace officer” charge.
Are There Penalties for Evading the Police?
Oklahoma law imposes penalties on people convicted of evading the police. The most basic charge is a misdemeanor. The judge may sentence a convicted person to one year or less in the county jail, to pay a fine of $100 to $2,000, or to both imprisonment and a fine. For a second evading the police violation, the judge may sentence someone to one year or less in the county jail, to pay a fine of $500 to $5,000, or to both imprisonment and a fine.
What If You Get in an Accident While Evading the Police?
If a driver endangers others or gets in an accident while evading the police, the penalties become stricter. First, eluding a peace officer becomes a felony rather than a misdemeanor. Second, endangering others while evading carries a sentence of one to five years in the state penitentiary, a fine of $1,000 to $5,000, or to both imprisonment and a fine. Third, getting in an accident that causes great bodily injury to another while evading carries a sentence of one to five years in a state correctional institution and a fine of $5,000 or less.
Since the penalties for evading or eluding the police can be steep, talk to a lawyer if you are in trouble. A local criminal defense lawyer will advise you of your rights and help build your defense.
If you are facing evading the police charges, seek out an attorney who knows the Oklahoma criminal law system inside and out. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and expert-level knowledge of DUI science to defend drivers, has the experience and the insight to evaluate the strengths and weaknesses of your case. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.