Eluding A Police Officer

Eluding a Police Officer Oklahoma Criminal DefenseLawyers-Tulsa-Criminal-attorneys-Possession-Crimes
Okla. Stat. tit. 21 § 540(A)(1)

Crime: Eluding Police In Tulsa Oklahoma
In Oklahoma, it is unlawful for any operator of a motor vehicle to willfully increase speed, turn off vehicle lights or attempt in any other manner to elude an official police, sheriff, highway patrol or state game ranger vehicle directing the operator to bring the vehicle to a stop when the operator has received a visual and audible signal.

Punishment For Eluding Police In Oklahoma:

  • First Offense – The first offense is a misdemeanor punishable by up to one (1) year imprisonment in the county jail and/or by a fine between $100 $2,000.

  • Second Offense – A second or subsequent violation of this subsection is punishable by up to one (1) year in the county jail and/or by a fine of between $500 and $5,000.

  • When Violation Endangers Another – Violation of this law which endangers another person is a felony punishable by between one (1) and five (5) years imprisonment in the State Penitentiary and/or by a fine of between $1,000 and $5,000.

  • When Violation Causes an Accident – Violation of this law which causes an accident resulting in great bodily injury to any other person is a felony punishable by between one (1) and five (5) years imprisonment in a state correctional institution and/or a fine of up to $5,000.

Title 21. Crimes and Punishments
Chapter 19 – Other Crimes Against Public Justice Section 540A – Eluding Peace Officer

A. Any operator of a motor vehicle who has received a visual and audible signal, a red light and a siren from a peace officer driving a motor vehicle showing the same to be an official police, sheriff, highway patrol or state game ranger vehicle directing the operator to bring the vehicle to a stop and who 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, or who does elude such peace officer, is guilty of a misdemeanor. The peace officer, while attempting to stop a violator of this section, may communicate a request for the assistance of other peace officers from any office, department or agency. Any peace officer within this state having knowledge of such request is authorized to render such assistance in stopping the violator and may effect an arrest under this section upon probable cause. Violation of this subsection shall constitute a misdemeanor and shall be punishable by not more than one (1) year imprisonment in the county jail or by a fine of not less than One Hundred Dollars ($100.00) nor more than Two Thousand Dollars ($2,000.00) or by both such fine and imprisonment. A second or subsequent violation of this subsection shall be punishable by not more than one (1) year in the county jail or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00) or both such fine and imprisonment.

B. Any person who violates the provisions of subsection A of this section in such manner as to endanger any other person shall be deemed guilty of a felony punishable by imprisonment in the State Penitentiary for a term of not less than one (1) year nor more than five (5) years, or by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.

C. 1. Any person who causes an accident, while eluding or attempting to elude an officer, resulting in great bodily injury to any other person while driving or operating a motor vehicle within this state and who is in violation of the provisions of subsection A of this section may be charged with a violation of the provisions of this subsection. Any person who is convicted of a violation of the provisions of this subsection shall be deemed guilty of a felony punishable by imprisonment in a state correctional institution for not less than one (1) year and not more than five (5) years, and a fine of not more than Five Thousand Dollars ($5,000.00).

2. As used in this subsection, “great bodily injury” means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

By-Charles J. Kania Esq.

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