State of Oklahoma v. Winton Probes

Tulsa, Oklahoma, criminal defense lawyer represented the Defendant charged with:

ENDANGERING OTHERS WHILE ELUDING A POLICE OFFICER, in violation of 21 O.S. 540.A, which provides:

A. Any operator of a motor vehicle who has received a visual and audible signal, a flashing red light, flashing red and blue lights, flashing blue and white lights, or any other combination of flashing red, blue, and white lights, 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.

RECKLESS DRIVING, in violation of 47 O.S. 11-901

UNSAFE LANE USE, in violation of 47 O.S. 11-309

JUDGE APRIL SEIBERT: DEFENDANT PRESENT, NOT IN CUSTODY AND REPRESENTED BY ED LUTZ. STATE REPRESENTED BY DANNY ANSON. COURT REPORTER WAIVED. DEFENDANT SWORN IN OPEN COURT. CASE CALLED FOR PRELIMINARY HEARING ISSUE. DEFENDANT WAIVES RIGHTS TO PRELIMINARY HEARING ISSUE, JURY TRIAL, AND NON-JURY TRIAL. DEFENDANT ENTERS A PLEA OF GUILTY. COURT ACCEPTS PLEA AND SENTENCES DEFENDANT TO:

COUNT 1) AMENDED TO MISDEMEANOR ELUDING: COURT WITHHOLDS A FINDING OF GUILT AND DEFERS FOR TWO (2) YEARS UNTIL 8/7/2028 AT 9:00AM IN ROOM 158. DEFENDANT ASSESSED $150.00 COURT FUND, $150.00 VICTIMS COMPENSATION ASSESSMENT, PLUS COSTS.

COUNT 2) OURT WITHHOLDS A FINDING OF GUILT AND DEFERS FOR TWO (2) YEARS UNTIL 8/7/2028 AT 9:00AM IN ROOM 158. DEFENDANT ASSESSED COSTS ONLY.

COUNT 3) OURT WITHHOLDS A FINDING OF GUILT AND DEFERS FOR TWO (2) YEARS UNTIL 8/7/2028 AT 9:00AM IN ROOM 158. DEFENDANT ASSESSED COSTS ONLY.

DEFENDANT TO BE UNDER THE SUPERVISION OF THE DISTRICT ATTORNEY. DEFENDANT ORDERED TO ATTEND DEFENSERIVE DRIVING SCHOOL. ALL COUNTS TO RUN CONCURRENT WITH EACH OTHER.

DEFENDANT ADVISED OF APPEAL RIGHTS. DEFENDANT ASSESSED COURT COSTS. RULE 8 ISSUED. JUDGEMENT AND SENTENCE ISSUED. BOND EXONERATED.