918-550-9175

Facebook

Twitter

LinkedIn

Free Evaluation
logo
mobile logo
 

driving under the influence Tag

12 January
0 Comments
Sticky

Police Officers’ Authority to Extend Oklahoma Traffic Stops

Posted by Clint
in Blog
Police Officers’ Authority to Extend Oklahoma Traffic Stops

A close look at Oklahoma case law shows that police officers have wide authority to extend traffic stops at will. The leading Court of Criminal Appeals opinion, Seabolt v. State, 152 P.3d 235, 2006 OK CR 50, states that police officers must have reasonable, articulable suspicion to extend a traffic stop beyond the typical formalities. In Seabolt, the court evaluated the particular stop at issue under a totality of the circumstances approach, meaning it looked at everything that happened to determine whether the officer initiating the stop had a reasonable suspicion that a crime had been committed. To the contrary, the...

Continue reading
10 January
0 Comments
Sticky

Bail: How Does It Work?

Posted by Clint
in Blog
Bail: How Does It Work?

If you or a loved one needs to make bail, you probably have questions about the process. Here are a few tips to help you move forward. After you have been arrested, you will be booked into jail, where you will wait until your first time seeing a judge. This initial appearance is called an arraignment. At the arraignment, you will be told the charges against you. The judge will set a bond amount that you must post to leave jail and return home to your family. Sometimes, the judge will release you on an “Own Recognizance” Bond, meaning you do...

Continue reading
08 January
0 Comments
Sticky

Questioning Lab Reports at Trial

Posted by Clint
in Blog
Questioning Lab Reports at Trial

A slew of court opinions in the past 10 years examine issues relating to the introduction of lab tests and lab reports at trial. These cases are important in many DUI cases, because the prosecution will seek to use the lab report as evidence, while the defense attorney will try to keep it out of court. Many of the opinions about lab reports relate to Confrontation Clause issues. The Confrontation Clause of the Sixth Amendment to the Constitution requires that a defendant in a criminal case have the opportunity to confront – meaning, usually, to cross-examine – witnesses used against him. In...

Continue reading
05 January
0 Comments
Sticky

What Is Impeachment Evidence?

Posted by Clint
in Blog
What Is Impeachment Evidence

In criminal cases, lawyers use various types of evidence to question the accuracy of witnesses’ testimony. The process is called impeachment. Various different kinds of impeachment evidence may show that a witness is not being truthful, such as if prior statements to the police contradict testimony on the stand, or that a witness was not able to observe what happened, such as if the witness has poor vision. Oklahoma law permits lawyers to use specific types of evidence for impeachment purposes. Lawyers may question the witness they are trying to impeach, or they may question a different person to impeach a...

Continue reading
03 January
0 Comments
Sticky

When Prosecutors Withhold Exculpatory DUI Evidence

Posted by Clint
in Blog
When Prosecutors Withhold Exculpatory DUI Evidence

Our criminal justice system is still grappling with the reality that prosecutors and other state employees do withhold exculpatory evidence in DUI and other cases. When defense attorneys learn that evidence has been withheld, they may be able to challenge convictions. In recent news from Massachusetts, staff at a state crime lab routinely withheld exculpatory evidence from DUI defense attorneys for more than five years. The discovery by investigators of unwritten rules to never turn over documents including “evidence that breath testing devices had failed to properly calibrate during the office’s certification process” could provide grounds for appeal in thousands of...

Continue reading
01 January
0 Comments
Sticky

Which to Choose: Administrative Hearing or Modified Driver’s License?

Posted by Clint
in Blog
Which to Choose: Administrative Hearing or Modified Driver’s License?

During your arrest on DUI charges, an Oklahoma police officer seized your driver’s license. You still need to drive to get around town, but you are not sure how or if you can get your license back. Do you need to apply for an administrative hearing or request a modified driver’s license? If you want to continue driving, the answer is yes. Administrative Hearing Drivers who have their licenses seized may get them back quickly if they request administrative hearings with the Department of Public Safety. You will receive the police officer’s affidavit regarding the license revocation. If your license was valid...

Continue reading
29 December
0 Comments
Sticky

Anonymous Witnesses in Criminal Cases

Posted by Clint
in Blog
Anonymous Witnesses in Criminal Cases

Do you have the right to confront anonymous witnesses used by the prosecution in a criminal trial? A recent federal court case posed this question when anonymous witnesses testified in court. At the trial, several witnesses testified against the accused, who allegedly smuggled an illegal immigrant across state lines. The prosecution claimed that these witnesses faced a safety risk by testifying, so their true names and identities were concealed from the accused and her attorney. While her attorney was able to cross-examine the witnesses and received information about their criminal histories and the benefits they received from assisting law enforcement, the...

Continue reading
20 December
0 Comments
Sticky

Taking the Fifth

Posted by Clint
in Blog
Taking the Fifth

The Fifth Amendment to the Constitution states plainly that no one “shall be compelled in any criminal case to be a witness against himself”. Many people call this refusal to testify “taking the Fifth” or “pleading the Fifth”. It is also referred to as the right against self-incrimination. Criminal defendants may take the Fifth in a criminal trial. Rather than testifying, the defendant must indicate his intention not to testify to avoid incriminating himself. His attorney, the prosecutor, and the judge cannot force him to testify. However, if the defendant takes the stand and answers a few questions, then tries to...

Continue reading
18 December
0 Comments
Sticky

Can I Withdraw My Guilty Plea in My DUI Case?

Posted by Clint
in Blog
Can I Withdraw My Guilty Plea in My DUI Case

You pled guilty to a DUI charge, but now you regret the plea and want to keep fighting. Is it too late to withdraw your plea? If the judge has not accepted your plea or you have not been sentenced, most likely you can still withdraw it easily. If you have been sentenced, you will have a difficult time withdrawing it. Judge has not accepted the plea, or you have not been sentenced If the judge has not accepted your guilty plea, you may withdraw your plea for any reason or no reason. If you have not been sentenced, you may withdraw...

Continue reading
15 December
0 Comments
Sticky

Your Right to Confront Witnesses in Court

Posted by Clint
in Blog
Your Right to Confront Witnesses in Court

When facing criminal charges, you have the right to confront the witnesses testifying against you. The Sixth Amendment reads: “In all criminal prosecutions, the accused shall enjoy the right … to be confronted with the witnesses against him”. In practice, this means that tape recordings and written statements are no substitute for questioning witnesses in court. The pivotal case of Crawford v. Washington, 541 U.S. 36 (2004), illustrates why the Confrontation Clause in the Sixth Amendment is so important for criminal defendants. In the case, a criminal defendant’s wife gave a statement to the police that was tape-recorded. The wife refused...

Continue reading