14 February

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Immigration Status After a DUI Arrest

Posted by Clint

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If you are not a natural-born citizen of the United States and you are arrested for DUI, you probably have questions about your immigration status. Being convicted for a crime while here on a visa or without papers can have a very serious effect on you. Before your criminal case moves forward, learn about your rights should you be convicted, and determine with the help of an attorney how to fight the charges against you. Visa Holders People who hold visas giving them permission to live and/or work in the United States could have their visas revoked for an arrest or conviction...

12 February

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Travelling with a DUI on Your Record

Posted by Clint

in Blog

Travelling to other countries and even states could be difficult with a DUI on your criminal record. If you are planning a trip, research your destination to ensure that your travels will be smooth. Each country has its own laws relating to convictions for driving under the influence and other criminal convictions. Some are extremely strict and prohibit entry for certain people depending on their offense. For example, Canada is very strict on admitting people with DUIs, treating a DUI as a serious criminal offense. In all likelihood your DUI conviction will be considered more severe in Canada because the country...

09 February

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Can You Be Arrested for Suspicion of DUI?

Posted by Clint

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It is tricky to answer the question “can you be arrested for suspicion of DUI?” The United States legal system presumes that a driver is innocent until proven guilty in a court of law, even if an arresting officer suspects the driver committed a crime. Yet many states seem to have DUI laws that presume guilt before a court trial occurs and permit police officers to question drivers without any suspicion at all. In some sense, all DUI arrests are based only on a suspicion rather than on conclusive proof, but drivers face laws that are targeted to convict even...

29 November

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Should I Resist an Illegal Traffic Stop?

Posted by Clint

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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...

20 November

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Women and DUIs

Posted by Clint

in Blog

More women are being arrested for driving under the influence today than ever before. While the increase in DUI arrests for women is undeniable, the reasons why the increase has occurred are complex and not fully understood. Statistics show the dramatic increase in women arrested for DUI corresponds with a decrease and leveling off in the number of men arrested during the same time period. From 2003 to 2012, female DUI arrests skyrocketed by about 21%, while male arrests went down about 17%. A study examining arrest rates from 1982 to 2004 found the same pattern for women, with a slight...

10 November

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Targeting, Quotas, and “Wolf Packs”

Posted by Clint

in Blog

When law enforcement take to the roads searching for people to ticket and arrest, often their patrols are not random. Police use techniques such as targeting, quotas, and “wolf packs” to locate people violating the law (or that they think are violating the law) and beef up arrest rates. Targeting Police departments target specific areas or specific people for DUI checks. In particular, most police departments schedule the locations of their sobriety checkpoints based on likely locations to catch drunk drivers. They monitor the dates of local events such as concerts and schedule checkpoints near exits from the concert venue, or they...

03 November

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The Oklahoma Citizen’s Arrest

Posted by Clint

in Blog

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...

14 July

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Legality of the Car Search in Oklahoma

Posted by rainmakeradmin

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During DUI arrests in Oklahoma, police may be able to legally search the driver’s automobile. But wait – you may say – doesn’t the Fourth Amendment protect people against unreasonable searches and seizures of their property? Yes, and so does Article 2, Section 30 of the Oklahoma Constitution. However, several exceptions apply during traffic stops that could allow police to search your car. Police usually must have a search warrant to conduct an automobile search. If there was no warrant, the courts assume that the search was unreasonable, and the government must demonstrate that the search was reasonable. Otherwise, evidence from...

arrest Tag

Immigration Status After a DUI Arrest

Travelling with a DUI on Your Record

Can You Be Arrested for Suspicion of DUI?

Should I Resist an Illegal Traffic Stop?

Women and DUIs

Targeting, Quotas, and “Wolf Packs”

Legality of the Car Search in Oklahoma

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