Most people think of high speed chases and getaway drivers when they think of eluding an officer. But the 1988 Oklahoma case of Kellog v. State shows that eluding a Game Warden can fall under it as well. Kellog, a hunter, was spotlight hunting at night, which is illegal. The Game Wardens saw him. He ran from them when they pulled behind him and turned on their sirens. Eventually catching Kellog, after a minor chase through the woods, the Game Wardens charged Kellog with eluding an officer. Read further to understand what eluding an officer in Oklahoma entails.
How to Prove Eluding an Officer:
In order for the State to prove you were eluding an officer, it must clearly identify the following elements:
- You were driving some type of motor vehicle
- An officer (police, highway patrol, game warden, etc.) gave you a signal to stop. This could include flashing red lights and audible sirens.
- Instead of stopping, you increased your speed, attempted to hide by turning off your lights, or attempted to make an elusive turn to evade the police.
One or multiple of these acts can result in charges of eluding an officer. The consequences are generally harsh. However, the consequences are even more devastating if you have placed any other person in danger while attempting to elude law enforcement. This means you are liable for any passenger or pedestrian that is endangered or injured due to your behavior.
Oklahoma’s “Eluding an Officer” Penalties:
Eluding an officer in Oklahoma counts as a misdemeanor. Under law, you are subject to up to a year prison term and a $100 to $2,000 fine. But, if this is a second offense Oklahoma penalties increase to a $500 to $5,000 fine. Felony charges can apply if you injure another person or cause an accident during the attempt to elude. Felonies carry much stronger penalties and can harm future job and housing prospects, even after you complete your punishment.
Contact a Criminal Defense Attorney in Wagoner:
We understand that eluding an officer is generally not a malicious reaction, but one of fear. Thus, we can help you by creating the best defense to such charges. Whether its charges as a felony or a misdemeanor crime in Wagoner County we can help. Call 918.283.7344 us or visit our Wagoner Attorneys blog for more information.
