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DUI Tag

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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Appearances Matter in the Courtroom

Appearances Matter in the Courtroom

Appearances matter in the courtroom, whether you are a party to the case, a witness, or a jury member. Criminal defendants who are attending court should take care to present a good appearance for the judge and jury to see. In a DUI or other criminal case, the defendant who is charged with a crime is on trial from the moment he first steps into a courtroom. Even though the real trial may not happen until later, his appearance at the arraignment and any pretrial hearings matters. They may not admit it, but the demeanor of a defendant or witness may...

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DUI Vehicle Forfeiture: Is It Legal?

DUI Vehicle Forfeiture - Is It Legal?

Oklahoma law permits DUI vehicle forfeiture, meaning the state could take your vehicle away because you violated DUI laws. Many citizens are shocked to learn that the courts allow civil asset forfeiture on a regular basis against criminal defendants. Not just any DUI driver can have his car seized. The law is very specific about which offenses could lead to forfeiture. First, you must have at least two DUI offenses on your record. If you have two offenses, the first one must be within 10 years of the second one, and at least one of the two offenses must have involved...

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Targeting, Quotas, and “Wolf Packs”

Targeting, Quotas, and Wolf Packs

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...

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Even More Problems with Breath Tests

Even More Problems with Breath Tests

Yes, there are even more problems with breath tests than discussed in previous blogs. From making modifications to the Intoxilyzer, the most commonly used breath testing device, to faking records and altering software, the problems with using breath tests as evidence of driving under the influence seem to never end. A surprising case in Florida from a few years ago showcases how even minor modifications to the Breathalyzer can lead to a strong defense to DUI charges in court. Apparently Breathalyzer manufacturer CMI Inc. did not tell the National Highway Traffic Safety Administration that the company had made seventeen modifications to...

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What Is the Daubert Standard and Why Does It Matter for DUI Cases?

What Is the Daubert Standard and Why Does It Matter for DUI Cases?

The Daubert standard for evaluation of expert witness testimony becomes very important in DUI defenses based on scientific evidence. Use of scientific experts is on the rise in DUI defense, but more than half the battle is getting an expert before the court in the first place. When prosecutors try to exclude an expert witness’s testimony, the trial court uses the Daubert standard (as adopted by Oklahoma) to decide whether to allow it into court. The Daubert standard comes from a Supreme Court case, Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). In the case, the court created a...

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