What counts as eluding an officer can be a tricky thing to discern. It’s a common story that many of us in the legal field hear: Someone you know, maybe even you, is driving a little bit tipsy. Suddenly, a police officer turns on their lights and begins to pull over the car. In a moment of panic, the driver speeds up and drives off without stopping. At this point a speed chase is on. Now, not only is the driver facing charges on whatever the officer was initially pulling them over for, but also on charges of eluding an officer or attempting to.
In Oklahoma, this doesn’t only have to be the police. You can also face these charges if you try to elude a game warden as well. This article will dive into the basics of what you need to know about these charges. For other important legal info, check out our Creek County Law Blog.
State’s Burden of Proof
The State must prove a few things in order to meet their burden of proof on charging you with eluding an officer. To begin, an officer must be pursuing you in some manner. This means you are being pulled over or chased on foot. Next, the police officer must use a valid and recognizable symbol to signal you should stop. For instance, the officer may use lights, sirens, or verbal signs that you need to stop. Finally, you must ignore these signals. So if you try to abruptly change course or increase your speeds—whether driving or running—then you are eluding an officer.
Common Defenses:
When facing charges of eluding an officer in Creek County, individuals may employ various defenses to challenge the allegations. Some common defenses include:
- Lack of Intent: If the driver was unaware of the law enforcement officer’s attempt to pull them over or genuinely believed they were not being signaled to stop, they may argue lack of intent to elude.
- Emergency Situation: In certain circumstances, such as a medical emergency or imminent danger, a driver may argue that their actions were justified by the need to address the emergency situation promptly.
- Mistaken Identity: If there is doubt about the identity of the driver or whether they were the individual being pursued by law enforcement, this may serve as a defense against eluding charges.
- Duress or Coercion: If the driver was under duress or coercion from another individual, such as a passenger or third party, they may argue that their actions were not voluntary and should not be held accountable for eluding an officer.
- Constitutional Violations: Any violations of the driver’s constitutional rights during the pursuit or arrest process, such as unlawful search and seizure or Miranda rights violations, may serve as grounds for challenging the charges.
Before attempting to employ any legal defenses, you should always contact an attorney. A criminal defense attorney is the best person to advocate for your side.
Oklahoma Penalties for Eluding an Officer
Eluding an officer is a misdemeanor charge for the first offense. Oklahoma law generally imposes some type of fine. This may be $100 or up to $2,000 depending on how strongly you attempt to elude the authorities. If it is bad enough, you may even spend up to a year in prison. Second offenses are subject to more stringent penalties. Fines will increase to a possible $500 to $5,000. You will still face misdemeanor charges, but you are more likely to face jail time. Other penalties can also include probation as well as suspension of your driver’s license.
However, if you injure or endanger another person during your attempt to elude an officer, then you will face felony charges. This means that if you have an innocent passenger in the car, cause a wreck, or hurt another person in any way, you face a felony. Felony charges in Oklahoma stay on your permanent record unless you receive a pardon or the court grants you an expungement. These can not only cost you financially and subject you to prison, but they also can cost you in the future. Felonies can disqualify you from certain employment opportunities and some professional licenses.
Creek County Criminal Defense Attorneys
When facing eluding an officer charge in Creek County, it’s important to know what you’re getting yourself into. Contacting an attorney with the proper criminal defense skills could be the difference between prison and a fine. Eluding an officer will often couple with other crimes that can worsen your disposition. We understand that immediate reactions can sometimes be a poor way of dealing with fear. Our team at Creek County Attorneys have defended countless of clients each year with cases just like this. Call us to day at 918-209-3709 for a free and confidential consultation. You can also reach us by using our Ask A Lawyer feature.
