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driving under the influence Tag

Disabilities, Illnesses, and DUI in Oklahoma

Disabilities, Illnesses, and DUI in Oklahoma

When a disability or illness strikes, you may not realize that a DUI could follow in Oklahoma. Unfortunately, the law is not very forgiving of people with special needs or who are ill. You can be charged with a DUI or a DWI if you are impaired or have a high BAC, regardless of your situation. How Could a Disability Lead to a DUI? Oklahoma has several laws that prohibits driving while impaired. Specifically, you can be arrested if you are under the influence of any intoxicating substance other than alcohol which may render you incapable of safely driving a motor vehicle....

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Felony Murder in Oklahoma: The Tough Consequences

Felony Murder in Oklahoma: The Tough Consequences

In Oklahoma, a type of crime called felony murder carries tough consequences. Unfortunately, these consequences are not widely known, and so the results of a felony murder charge may seem very harsh. What Is Felony Murder? Prosecutors can charge a person with felony murder when someone else dies while the person is committing one of a list of specific felonies. In Oklahoma, these felonies include: Murder or attempted murder of another person Forcible rape Robbery with a dangerous weapon Kidnapping First degree burglary First degree arson Distribution of controlled dangerous substances Trafficking in illegal drugs Manufacturing or attempting to manufacture a controlled...

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One Phone Call: Your Rights in Police Custody

One Phone Call: Your Rights in Police Custody

After you are arrested, you have certain rights that the police cannot take away from you. All people should be aware of these rights in case of arrest for any type of crime so that they can protect themselves. The Right to a Phone Call First, you have the right to make a local phone call to the person of your choice after your arrest. You may want to call a close family member, friend, or lawyer. It may take a while for you to have access to a phone after the arrest, as you may need to go through the police...

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Legal Issues with “Drug Busts”: What You Need to Know

Legal Issues with Drug Busts: What You Need to Know

When the police conduct a drug bust, people arrested during the bust or linked to it may have some legal trouble ahead. Fortunately, a few common issues that come up during drug busts could help these people develop defenses in criminal court. Did the Police Have a Proper Warrant, and Did They Follow It? Often, drug busts happen on very short notice, after the police get a tip. They may seek a warrant from a judge late at night, on the weekend, or extremely quickly. In their haste, the warrant may omit key information or be limited in scope. When police execute...

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New Drug Possession Law Prompts Release of Oklahomans from Prison

New Drug Possession Law Prompts Release of Oklahomans from Prison

Oklahoma’s recent criminal sentencing reforms have prompted the release of twenty-one inmates from prison. The governor commuted their sentences, allowing them to leave prison and move on with their lives. What Is Sentence Commutation? The Oklahoma governor has the ability to commute prison sentences, meaning lessen the severity of the sentences. For example, a death sentence could be commuted to life in prison. In this case, the governor ended the sentences without the need for the inmates to serve any more time. The inmates whose sentences were commuted had their cases reviewed in a two-step process conducted by the Oklahoma Pardon and...

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Can Police Officers Stop You on the Street and Frisk You for Drugs?

Can Police Officers Stop You on the Street and Frisk You for Drugs?

If you have ever been stopped by a police officer on the street and asked questions, you may wonder if the police can frisk you for drugs without your permission. In criminal law, this kind of search is referred to as a “stop and frisk”. It is legal to search you on the street, but only under certain circumstances. What Is Stop and Frisk? The law allowing police to stop and frisk people on the street came from a Supreme Court case called Terry v. Ohio. (392 U.S. 1 (1968).) In the case decision, the Supreme Court found that all stop-and-frisk searches...

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What to Do the Morning After a DUI Arrest

What to Do the Morning After a DUI Arrest

The morning after a DUI arrest, a driver who has been arrested may face many obstacles. First, the driver is probably sobering up in jail. Second, the driver may be missing work, school, or child-care obligations. Third, the driver is facing a quickly-approaching court appearance to hear the charges and make a plea. Fourth, the driver is facing the possible loss of his or her license and even car. What should an accused DUI driver do the morning after? Ask for the One Phone Call While in jail, the driver should ask for use of a phone call. Jails should allow...

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The Bottom Line on the Miranda Warning

The Bottom Line on the Miranda Warning

While many Oklahomans have heard of the Miranda warning, not all realize its purpose, meaning, and implications for a criminal case. What Is the Purpose of the Miranda Warning? The Miranda warning alerts people who are being held in custodial interrogation by the police of their rights, including: The right to remain silent, The right to consult with an attorney and have the attorney present during police questioning, and The right to have an attorney appointed if you are unable to pay for one. What Is the Meaning of the Miranda Warning? In theory, the Miranda warning is supposed to prevent a situation when...

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How Long Will You Be in Jail After a DUI Arrest?

How Long Will You Be in Jail After a DUI Arrest?

In Oklahoma, the length of time that people remain in jail after DUI arrests varies widely by county. The county in which the arrest occurs often determines the length of jail stay and whether a reasonable bond amount is available. After someone is arrested for DUI, he or she is taken to the local jail for processing. Some people go before a judge right away to enter a plea or are able to leave jail before seeing a judge. Others (especially those arrested on weekends or holidays) may have to wait for quite a while in a holding cell. After being...

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What a Drug Manufacturing Charge Means for You in Oklahoma

What a Drug Manufacturing Charge Means for You in Oklahoma

If you are charged with drug manufacturing in Oklahoma, you need to prepare yourself for the legal battle ahead. Oklahoma has extremely strict drug laws, especially for manufacturing and distribution. The significant meth problem in the state has made legislators and prosecutors eager to impose stiff sentences on anyone convicted of manufacturing illegal substances. You Most Likely Will Face Prison Time if Convicted Manufacturing controlled dangerous substances in Oklahoma carries very high penalties. You could be facing 20 years to life in prison and a fine of $50,000. Moreover, you may not be eligible for a suspended sentence, a deferred sentence,...

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