918-550-9175

Facebook

Twitter

LinkedIn

Free Evaluation
logo
mobile logo
 

driver Tag

17 January
0 Comments
Sticky

DUI Car Chase: The Risks You Face

Posted by Clint
in Blog
DUI Car Chase: The Risks You Face

Drivers who get chased by the police and are also accused of impaired driving face serious consequences if convicted. In Oklahoma, these charges could lead to many years of prison time and expensive fines – especially if anyone was hurt or it was not the driver’s first offense. The Risks of a Car Chase Car chases can lead to many problems for drivers: Many different legal charges against them The threat of lengthy prison time Expensive fines Probation The requirement to attend a drug and alcohol rehab program When police have to chase a driver down, the legal charges multiply quickly. Charges can...

Continue reading
13 April
0 Comments
Sticky

Passengers’ Rights at Traffic Stops

Posted by Clint
in Blog
Passengers’ Rights at Traffic Stops

Passengers in a car pulled over at a traffic stop are in a sticky position. They are not operating the vehicle, so they cannot be arrested for DUI or cited for traffic infractions. When law enforcement pulls a car over, passengers may not know what to do. Can the police order a passenger to stay in the car or get out of the car? Yes, courts have concluded that police can either order passengers to stay in or get out of the car during a traffic stop. Reasoning centers on concern for police officers’ safety and need to exercise control over everyone...

Continue reading
14 March
0 Comments
Sticky

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...

Continue reading
29 November
0 Comments
Sticky

Should I Resist an Illegal Traffic Stop?

Posted by Clint
in Blog
Should I Resist an Illegal Traffic Stop?

If you have ever been pulled over by a police officer, you may have wondered whether you should resist a truly illegal traffic stop. An Oklahoma appeals court found that drivers must submit to even obviously bogus stops by the police. In State v. Nelson, 2015 OK CR 10 (2015), the driver made a left-hand turn into a parking lot. The road was deserted and there were no cars in sight, except the police officer’s hidden patrol car. The officer pulled over the driver for failure to signal. He tried to write the driver a ticket, and the driver started walking...

Continue reading
03 November
0 Comments
Sticky

The Oklahoma Citizen’s Arrest

Posted by Clint
in Blog
The Oklahoma Citizen’s Arrest

In Oklahoma, a private citizen may arrest a person if the citizen has reasonable cause to believe the person has committed a crime. The arrest is known as a citizen’s arrest. Arrests by citizens are very similar to arrests by police officers: the citizen may restrain a suspected criminal and then deliver him to a police officer or the stationhouse. 22 O.S. § 22-187. Just as police officers must have probable cause to arrest a suspect, citizens must also have probable cause. Because most citizens have not been trained in arrest and restraint procedures, it may be easier to challenge your...

Continue reading
13 September
0 Comments
Sticky

What Kinds of Roadside Questions Require a Miranda Warning?

Posted by Clint
in Blog
What Kinds of Roadside Questions Require a Miranda Warning?

Roadside questions from law enforcement – are they legal if you have not been given a Miranda warning? What kinds of questions can the police ask? Two key Supreme Court opinions in the cases of Berkemer v. McCarty and Pennsylvania v. Muniz address and (mostly) answer these common queries in the context of DUI cases. In Berkemer v. McCarty, 468 U.S. 420 (1984), a police officer pulled over a driver whose car was swerving in and out of its traffic lane. After the officer pulled over the driver and noticed his difficulty standing and slurred speech, the officer asked the driver...

Continue reading