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Oklahoma criminal defense lawyer Tag

Is Evading the Police a Crime in Oklahoma?

Evading the police after committing a crime may seem like a good idea in the moment. But as someone drives away from the flashing lights and sirens, the police begin making a long list of the person’s criminal offenses. These could include failure to obey traffic signs, speeding, or reckless driving. If there is an accident during the driver’s flight, he or she could face even more serious charges: leaving the scene of an accident, fines for property damage – even manslaughter if someone dies. Finally, the driver probably will face a charge of evading or eluding the police. What Is...

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How Soon Will Your Case Go to Trial? It Depends

If your DUI or drug case may go to trial, you may worry how long it will take to get in front of a jury. Lawyers will tell you that it depends how soon your trial will happen. But the Constitution does guarantee the right to a speedy trial – though the definition of “speedy” is up for debate. Courtroom Scheduling Greatly Affects Trial Dates In criminal court, judges may hear hundreds of cases in a week. A trial can take hours or days to complete, meaning the judge cannot hear other cases during that time. As a result of judges’ packed...

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DUI Checkpoints on the State, County, or City Line

If you have ever seen a DUI checkpoint on the state, county, or city line, you may have some questions. For example, you may wonder which laws apply if someone is arrested for DUI. Also, you may wonder if the checkpoint is legal, and whether the police can search cars that are stopped. Which Laws Apply at a State/County/City Line DUI Checkpoint? The state, county, or city on one side of the boundary may have different laws regarding DUI than the one on the other side of the boundary. For example, some cities in Oklahoma have municipal courts that handle DUI cases...

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What If Police Made a Mistake During Your Drug Arrest?

Dealing with an arrest for a drug offense can overwhelm and scare you. If you have recently been arrested and aren’t sure what to do next, you may want to speak to a local lawyer about your options. With a lawyer’s help, you might learn that police made a significant mistake during your arrest. What Kinds of Mistakes Could Police Make? Unfortunately, mistakes during drug arrests are all too common. Sometimes, these mistakes violate the law and infringe on the arrested person’s rights. The mistake could even rise to the level of invalidating the entire basis for the criminal offense. Police may...

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Energy Drinks and Drunk Driving in Oklahoma

Energy drinks – increasingly popular among tired Oklahomans and anyone just needing a boost – pose a risk for drivers in Oklahoma beyond just over-caffeination. These popular drinks do contain much more caffeine than soda, and the high caffeine levels could lead to side effects. And younger people may be more susceptible to the caffeine since they usually have lower tolerance levels than adults. But the combination of caffeine and alcohol could increase the risk for a DUI. How Could Energy Drinks Increase DUI Risk? Alcohol is a depressant, meaning it can depress bodily functions including heart rate and can slow reaction...

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The Statute of Limitations: What Is It and Why Does it Matter?

When someone allegedly commits a crime, prosecutors only have a limited time to file charges against him or her. After that time period expires, the ability to prosecute the crime ends. Different crimes have different statutes of limitations. The limitations periods vary by state and by specific type of crime. In some cases, there may be “enhancement” or “tolling” laws that either increase the statute of limitations or stop the time period from running. Why Do the Laws Include Statutes of Limitations? Without statutes of limitations, anyone could be prosecuted for even a minor crime that took place many years beforehand....

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How Could Crime Lab Backlogs Affect DUI Cases?

You may be surprised to learn that crime log backlogs can affect DUI cases in a very serious way. The current backlog in the Oregon State Police crime lab has led to drivers waiting more than a year for testing. What Has Happened Because of the Backlog? The crime lab actually has stopped processing DNA for some kinds of cases, such as theft, to allow focus on testing for sexual assault and other kinds of cases. DUI test results have been delayed for a long time, with the current backlog at about six to eight months. Other type of tests may take...

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Can Police Test the BAC of an Unconscious Driver?

A Wisconsin case pending before the Supreme Court of the United States challenges the legality of a BAC test taken while the driver was unconscious. The Supreme Court’s ruling could affect the law in Oklahoma, which currently permits both blood and breath tests of people who are unconscious. 47 O.S. § 751. What Happened in the Case? The Wisconsin case centers on a blood draw from a man named Gerald Mitchell who was found “wet, shirtless and covered in sand” on a beach after police had received reports that he was driving drunk. He unfortunately all but admitted that he had been...

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Canada’s Strict New Testing Law Indicates Trend of Stronger DUI Enforcement

Canada’s new law eliminating the reasonable suspicion requirement for BAC testing indicates a general trend of stronger DUI enforcement in North America. While one government official argues that the law is for the common good, opponents see it as a law enforcement overstep. What Does the New Law Do? The new Canadian law permits police officers to detain suspected drunk drivers and demand BAC tests without needing reasonable suspicion of DUI. They can even come to someone’s house and require him or her to take a BAC test – as long as two hours after he or she drove. As one...

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Utah’s Strict New BAC Law Indicates Trend of Stronger DUI Enforcement

Utah’s new law lowering the legal BAC limit from 0.08 to 0.05 indicates a general trend of stronger DUI enforcement in the United States. While Oklahoma’s BAC limit is still 0.08, at least one other state besides Utah has begun cracking down on DUI drivers too. Utah has one of the lowest rates of alcohol-related traffic deaths in the United States, probably due to its strict limits on alcohol purchase and consumption. The state has laws that limit the strength of beer and ban individuals from importing and transporting alcohol into Utah from another state. Utah drunk driving rates, though, remain...

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