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Revealing the Flaws in Blood Testing Procedures in Court

Revealing the Flaws in Blood Testing Procedures in Court

If you received a blood test after a DUI arrest, you can reveal the flaws in blood testing procedures in court. Building a defense may involve challenging the basis for law enforcement’s determination that you were impaired – the blood test results. Results can be thrown out for a number of reasons: flaws in giving the test, the testing method used, storing and transporting the sample, and more. Flaws in Giving the Test  When giving a blood test, lab technicians must follow specific procedures for drawing blood and collecting the samples. Many lab techs have very little training on blood draws....

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Defenses to Oklahoma Criminal Drug Charges

Defenses to Oklahoma Criminal Drug Charges

When you hire a criminal defense attorney because you were charged with a drug crime, your attorney will develop any defenses you have. Defenses are reasons why you did not commit a crime, why you cannot be convicted of a crime, or why evidence against you should be thrown out of court. For drug crimes specifically, there are a number of different defenses that may apply depending on the facts of your case. Elements of the Crime Not Proved Attorneys often argue either that the prosecution did not prove all the elements of the crime. The elements of the crime are the...

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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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