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penalty Tag

15 November
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Other Charges that Accused DUI Drivers Often Face

Posted by Clint
in Blog
Other Charges that Accused DUI Drivers Often Face

After you get charged with driving under the influence, you may learn that you face additional unexpected charges. Often, the first time you learn of the charges against you is when you talk to the judge. The entire process can be overwhelming and scary, especially if this is your first DUI charge. Learn a little about the additional charges so you can prepare for what is ahead. Many drivers who are pulled over and arrested for suspected driving under the influence of alcohol or drugs are also charged with: Aggravated drunk driving Driving with a revoked or suspended driver’s license Driving...

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24 August
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Do Drug Penalties Vary by County in Oklahoma?

Posted by Clint
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Do Drug Penalties Vary by County in Oklahoma?

There are 77 counties in Oklahoma, and people convicted of drug crimes may receive varying penalties depending on the county in which they are convicted. It may be surprising to you that state laws about drugs, which supposedly apply to all people in the state, could have uneven application. The reasons for the varying penalties range from geographical to monetary. Geography Alters Charges and Sentences In response to the new law reclassifying drug possession as a misdemeanor, Oklahoma legislators passed another law that makes it a felony to possess drugs within 1,000 feet of a school. (63 O.S. § 2-402.) Rather than...

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15 June
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Fines for Driving Under the Influence in Oklahoma

Posted by Clint
in Blog
Fines for Driving Under the Influence in Oklahoma

In addition to possible jail time, drivers convicted of driving under the influence in Oklahoma face substantial fines. The fines vary depending on which crime a driver is sentenced with, and there are additional costs as well. If a driver has no prior DUIs on his record, he can expect that the court will require him to pay up to $1,000 in fines. Drivers with prior DUIs pay increasingly larger fines. The amount of the fines vary based on which court hears your case. The rules differ in municipal court and state court in Oklahoma. In state court, every driver who...

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27 September
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Guilty Pleas: What You Can Expect in Court

Posted by Clint
in Blog
Guilty Pleas: What You Can Expect in Court

One key Supreme Court case describes your rights and what you can expect if you make a guilty plea in court. In Brady v. United States, 397 U.S. 742 (1970), the Court considered whether the guilty plea of a defendant who changed his plea due to new information about his co-defendant was voluntary. In doing so, the Court explained how to evaluate whether a guilty plea is voluntarily, intelligently, and knowingly made. Guilty pleas are not voluntary if they are “induced by threats (or promises to discontinue improper harassment), misrepresentation (including unfulfilled or unfulfillable promises), or perhaps by promises that are...

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21 August
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Oklahoma’s Penalties for Repeat DUI Offenders

Posted by Clint
in Blog
Oklahoma's Penalties for Repeat DUI Offenders

Repeat DUI offenders face additional penalties and prison time in Oklahoma. A second or third offense can result in many years in prison along with treatment and community service. See 47 O.S. § 11-902. This article explains what you can expect. Second Offense                        If you commit a second DUI within 10 years of completing a previous DUI sentence or while you are on probation, you will be charged with a felony and may face one to five years in prison, a $2,500 fine, substance abuse assessment and evaluation, and/or driver’s license revocation. If your previous DUI was within five years, your...

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07 August
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The Oklahoma Aggravated DUI

Posted by Clint
in Blog
The Oklahoma Aggravated DUI

Oklahoma law includes a criminal charge for aggravated driving under the influence, which carries additional penalties and fines to a standard DUI charge. You may be charged with an aggravated DUI if your breath or blood test shows a blood alcohol concentration of 0.15 or more. Like the standard DUI charge, aggravated DUI is a misdemeanor punishable by ten days to one year in jail for a first offense and a fine of up to $1,000 if the case is pursued in state court. 47 O.S. § 11-902(C). In addition, a person convicted of an aggravated DUI will be sentenced to...

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31 July
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Facing a Possession of Controlled Dangerous Substances Charge

Posted by Clint
in Blog
Facing a Possession of Controlled Dangerous Substances Charge

If you have been charged with possession of controlled dangerous substances, you and your loved ones probably have many questions about the charges. Oklahoma's strict drug possession laws carry hefty sentences and fines, so it is important to understand the nature of the charges against you, possible defenses, and the consequences if you are convicted. Controlled dangerous substances are defined in 63 O.S. § 2-204 through 2-212 and include a wide range of drugs and other substances such as heroin, cocaine, marijuana, LSD, and more. In Oklahoma, knowing or intentional possession of controlled dangerous substances (CDS) is illegal. 63 O.S. §...

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