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Author: Clint

30 October
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Driving with Alcohol in the Car: What You Need to Know

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Driving with Alcohol in the Car - What You Need to Know

If you are driving with alcohol in your car, even a newly purchased bottle, make sure you understand Oklahoma law on transporting open containers. The law prohibits not only drinking while driving a motor vehicle, but also transporting any container of alcohol that has been opened, even if you are not drinking from it. Oklahoma’s open container law makes it a misdemeanor, punishable by a $500 fine and six months in jail, to “[k]nowingly transport in any vehicle upon a public highway, street or alley any alcoholic beverage except in the original container which shall not have been opened”. 37 O.S....

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27 October
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How Police Spot Drunk Drivers

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How Police Spot Drunk Drivers

Police patrolling the roadways spot drunk drivers by observing their driving patterns and watching for telltale signs of intoxication during traffic stops. Signs of Intoxication While Driving First, law enforcement officers look for signs of intoxication or impairment while a driver is operating a vehicle. These signs may include reckless driving, weaving in a lane or in and out of multiple lanes, nearly striking an object or vehicle, going left of center, driving into opposing or crossing traffic, driving too slowly, driving with inconsistent speed, slow response to traffic signals, failure to signal, turning abruptly or illegally, braking erratically, or stopping for...

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25 October
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Anonymous Tips and DUI Traffic Stops

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Anonymous Tips and DUI Traffic Stops

Can you be arrested for DUI based on an anonymous tip to the police? In a 2014 case, Navarette v. California, 572 U.S. _ (2014), the Supreme Court of the United States said that you can. Depending on the circumstances, an anonymous tip can provide law enforcement with the reasonable suspicion needed to justify a brief investigatory traffic stop. The Navarette case involved an anonymous phone call to the police stating that the caller had been run off the highway at a specific mile marker by a silver Ford F-150 pickup truck. The police soon spotted a vehicle matching that description...

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23 October
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Prior Out-of-State DUIs in Oklahoma

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Prior Out-of-State DUIs in Oklahoma

Prior out-of-state DUIs factor into sentencing for any DUIs committed in Oklahoma. If you have a prior DUI conviction from another state, learn more about how that conviction could affect your charges and sentence for an Oklahoma DUI. Ordinarily first-time DUI driver in Oklahoma are charged with misdemeanors. With a conviction or a deferred judgment from another state for DUI meeting the Oklahoma DUI requirements, a driver who has never been convicted of DUI in Oklahoma before will be charged with a felony. One exception is if you completed the sentence for your prior conviction more than ten years ago. 47...

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20 October
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Can I Get My DUI Conviction Expunged in Oklahoma?

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Can I Get My DUI Conviction Expunged in Oklahoma?

Depending on your circumstances, you may be able to get your DUI conviction expunged under Oklahoma law. Oklahoma defines “expunged” as sealing all criminal or civil records involving actions by the state against a person arising out of an arrest, transaction, or other event. Effectively, receiving an expungement means that the public cannot learn, by a search of the court records, that you were arrested or convicted for a crime. People could learn about a crime from other means, however, such as by searching newspaper articles or talking to witnesses. If an expungement is granted, the state retains any physical...

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18 October
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DUI-E: States Crack Down on Using Electronics While Driving

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DUI-E - States Crack Down on Using Electronics While Driving

The state of Washington just passed a new law prohibiting most use of electronics while driving. The law made headlines because it has been dubbed the “DUI-E” law – Driving Under the Influence of Electronics. Other states recently have enacted similar laws in an effort to promote public safety on the roadways, as scientific studies show that driving while using electronic devices can be just as impairing as use of intoxicating substances, drugs, and alcohol. The Washington law expands existing law to ban text messaging, watching videos, and other uses of cell phones, tablets, etc. Drivers may touch devices with the...

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16 October
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What to Ask Your Lawyer Before You Accept a Plea Deal

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What to Ask Your Lawyer Before You Accept a Plea Deal

You should ask your lawyer a few key questions before you accept a plea deal. Plea deals usually involve a criminal defendant pleading guilty to a lesser crime – such as a citation instead of a misdemeanor or a misdemeanor instead of a felony – to avoid further prosecution. If you accept a plea deal, the lesser crime will appear on your record and you will face the consequences of that crime. Learn about the details of the proposed plea in your case before you agree to accept it. Is this plea the best deal for me? Not every plea ends...

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13 October
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There Is No Reliable Test for DUI Marijuana

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There Is No Reliable Test for DUI Marijuana

It’s true: there is no reliable test for DUI marijuana. While police can observe drivers for signs of impairment, no blood or breath test can show accurately whether a person is so impaired by marijuana as to make driving unsafe. The reason marijuana concentration in the body cannot be tested reliably lies in science. The ethanol in alcohol dissolves in water, and human bodies are mostly water. Ethanol concentration in the body reduces quickly over time. In contrast, the THC in marijuana is fat-soluble and does not dissolve in water. It can remain in the body for weeks. A recent study...

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11 October
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Can a Drunk Driver Face Homicide Charges?

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Can a Drunk Driver Face Homicide Charges?

A drunk driver in Oklahoma can face homicide charges if his driving under the influence results in the death of another person. Many drivers who injure or kill others while under the influence of drugs or alcohol face manslaughter charges rather than homicide charges. Manslaughter charges require the prosecutor to prove different, and less demanding, requirements than homicide does. Unlike manslaughter, homicide requires a showing of intent. Usually, driver charged with homicide face second-degree murder or felony murder charges, not first-degree murder. First-degree murder is premeditated (“with malice aforethought”) and intentional or else the death occurs under one of the following...

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09 October
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New Oklahoma Law Alters License Revocation Process, Makes Breath Test Refusal Illegal

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New Oklahoma Law Alters License Revocation Process, Makes Breath Test Refusal Illegal

A sweeping new Oklahoma law will substantially affect the rights of drivers arrested on DUI charges. In early June, Oklahoma Governor Mary Fallin signed the law and then quickly issued an executive order that contradicts some of the law’s provisions. Now a lawsuit questions its constitutionality and critics warn of future problems for those charged with DUI. The new law, referred to as Senate Bill 643, makes three important changes to existing law. First, it will be illegal for drivers suspected of driving under the influence to refuse a breath test. Breath test refusal will be a misdemeanor, punishable by a...

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