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controlled dangerous substances Tag

14 March
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Custodial Interrogation During Traffic Stops

Posted by Clint
in Blog
Custodial Interrogation During Traffic Stops

The question of when custodial interrogation starts during traffic stops has challenged courts for many years. Choosing a definite rule as to when someone is in custody affects the timing of Miranda warnings. If a police officer waits too long to read Miranda warnings during a stop, the driver can challenge admissibility in court of any statements he makes after the stop becomes custodial but before the warnings are read. In one of many attempts to determine when “custodial interrogation” begins, the Supreme Court considered the case of Berkemer v. McCarty, 468 U.S. 420 (1984). In the case, a state police...

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09 March
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Could You Lose Your Driver’s License Because of a Drug Charge?

Posted by Clint
in Blog
Could You Lose Your Driver’s License Because of a Drug Charge?

Drug-related charges have consequences that not everyone expects. For example, a charge of driving under the influence of drugs, alcohol, or both results in revocation of your driver’s license unless you challenge the revocation within 15 days. Further, a charge of drug possession likely will result in license revocation. A “DUI” crime in Oklahoma includes not only driving while intoxicated by alcohol, but also driving while under the influence of any intoxicating or controlled substance. This may include prescription drugs and controlled dangerous substances (illegal drugs). Using any amount of an illegal drug while driving is a crime. 47 O.S. §...

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