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driving under the influence Tag

The Duty of Prosecutors to Disclose Exculpatory Evidence

The Duty of Prosecutors to Disclose Exculpatory Evidence

Prosecutors must disclose all exculpatory evidence to defense attorneys in Oklahoma. “Exculpatory” evidence tends to show that the defendant is not guilty or shows that the crime committed is a lesser offense (e.g. manslaughter instead of murder). Both state rules of professional responsibility and a number of Supreme Court cases explain this mandate. Oklahoma Code of Professional Responsibility, Rule 3.8(d) states: “A prosecutor shall make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense”. The Code of Professional Responsibility must be followed by...

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Use of Police Dogs at Traffic Stops

Use of Police Dogs at Traffic Stops

During traffic stops, police sometimes use K-9 dogs to sniff for drugs or other illegal substances. Two key Supreme Court cases have evaluated how far police may go in their use of dogs at roadside stops. In the first case, Illinois v. Caballes, 543 U.S. 405 (2005), the court considered whether using a drug dog at the scene of a roadside stop was an unreasonable search. The drug dog alerted at the scene, leading to the defendant’s arrest for marijuana trafficking. While the Illinois Supreme Court said that the search was unreasonable, the Supreme Court disagreed, determining that police did not...

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Excluding Illegally Seized Evidence in Court

Excluding Illegally Seized Evidence in Court

Having illegally seized evidence excluded from consideration in court is the most important part of some criminal cases. Exclusion of this evidence goes to the heart of your Fourth Amendment right protecting you against unlawful search and seizure. The exclusionary rule prevents the prosecutors from using illegally obtained evidence against you in court, even if that evidence is incriminating. All evidence used must be relevant, or directly related to the charges against you, and competent, or collected and handled legally. When evidence is not either relevant, competent, or both, it may be excluded. There must be a valid search warrant or...

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I Lied to My Lawyer – Now What?

I Lied to My Lawyer – Now What?

So you lied to your lawyer. You told your lawyer that you did not stop at a bar on your way home from work, or you forgot to mention that you finished a bottle of whiskey before leaving the house. What should you do? Lawyers wish that clients would own up to their lies immediately – or at least before they step into a courtroom. The problem with lies is that they lead to more lies. Lies to your lawyer do not allow the lawyer to prepare adequately for defending you and limit your chances of success. Imagine a DUI client who...

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Lying Under Oath and DUI Defendants

Lying Under Oath and DUI Defendants

Perjury, or lying under oath, is a crime in Oklahoma and the rest of the United States. The strongest defense to perjury is that the statement made was actually the truth. Oklahoma defines perjury as follows: “Whoever, in a trial, hearing, investigation, deposition, certification or declaration, in which the making or subscribing of a statement is required or authorized by law, makes or subscribes a statement under oath, affirmation or other legally binding assertion that the statement is true, when in fact the witness or declarant does not believe that the statement is true or knows that it is not true...

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Diversion Programs – Do They Work?

Diversion Programs – Do They Work?

A shocking recent article questions whether the diversionary rehab programs judges use for defendants in Oklahoma really work. The article, titled “They thought they were going to rehab. They ended up in chicken plants”, describes courts’ routine practice of sending defendants convicted of minor crimes or serving suspended sentences to Christian Alcoholics & Addicts in Recovery (CAAIR) and other rehabilitation programs. Rather than focusing on addiction treatment, it says that CAAIR sends defendants to work for free doing hard labor at a poultry plant. When they get sick or slow down, they are sent to prison. People convicted of crimes may...

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Should I Resist an Illegal Traffic Stop?

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...

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Challenging Horizontal Gaze Nystagmus Test Administration

Challenging Horizontal Gaze Nystagmus Test Administration

People charged with DUIs can and do challenge Horizontal Gaze Nystagmus Test administration. The Horizontal Gaze Nystagmus Test (HGN test) is one of the Standardized Field Sobriety Tests (SFSTs) given to suspected drunk drivers at the roadside by law enforcement. To determine how to challenge HGN test administration, learn how the test is administered and then how police officers do it incorrectly. How is the HGN test correctly administered? The National Highway Traffic Safety Administration provides law enforcement with guidelines on administering the HGN test. This article only summarizes the detailed guidelines. First, the officer should instruct the driver to place his feet...

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Women and DUIs

Women and DUIs

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...

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The Interstate Driver’s License Compact

The Interstate Driver’s License Compact

Like many other states, Oklahoma has enacted the Interstate Driver’s License Compact. The Interstate Driver’s License Compact (IDLC), 47 O.S. 781 et seq., is an agreement adopted by states who want to exchange information about license suspensions and traffic violations to other states in the U.S. Because each state has its own system for recording and tracking license suspensions and traffic violations, they do not communicate driver’s records to each other unless they have the IDLC in place. The IDLC gives states the power to communicate an out-of-state driver’s offenses to his home state. The home state then may treat the...

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