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Oklahoma DUI lawyer Tag

12 February
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Travelling with a DUI on Your Record

Posted by Clint
in Blog
Travelling with a DUI on Your Record

Travelling to other countries and even states could be difficult with a DUI on your criminal record. If you are planning a trip, research your destination to ensure that your travels will be smooth. Each country has its own laws relating to convictions for driving under the influence and other criminal convictions. Some are extremely strict and prohibit entry for certain people depending on their offense. For example, Canada is very strict on admitting people with DUIs, treating a DUI as a serious criminal offense. In all likelihood your DUI conviction will be considered more severe in Canada because the country...

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09 February
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Can You Be Arrested for Suspicion of DUI?

Posted by Clint
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Can You Be Arrested for Suspicion of DUI?

It is tricky to answer the question “can you be arrested for suspicion of DUI?” The United States legal system presumes that a driver is innocent until proven guilty in a court of law, even if an arresting officer suspects the driver committed a crime. Yet many states seem to have DUI laws that presume guilt before a court trial occurs and permit police officers to question drivers without any suspicion at all. In some sense, all DUI arrests are based only on a suspicion rather than on conclusive proof, but drivers face laws that are targeted to convict even...

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08 February
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Impaired Driving Elimination Act Violates Due Process, Court Says

Posted by Clint
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Impaired Driving Elimination Act Violates Due Process, Court Says

The Oklahoma Supreme Court has declared that the newly enacted Impaired Driving Elimination Act is unconstitutional. Due to go into effect on November 1, 2017, the Act would have virtually eliminated the administrative hearing process for revocation of driver’s licenses, would have made refusal of a breath test illegal, and would have expanded use of ignition interlock devices. A group of Oklahoma attorneys challenged the Act in court last summer, and the court halted implementation of the Act while the legal challenge was pending. Just recently, the Oklahoma Supreme Court issued its ruling declaring that the Act violates due process and...

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19 January
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After the Court Case: What Next?

Posted by Clint
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After the Court Case: What Next?

You worked hard to fight your DUI charges in court. Maybe you won, or maybe you lost and were found guilty. Maybe you are pursuing an appeal. Whatever the outcome, you may find that your life is very different than before your arrest. Sentencing If you were found guilty, the court will set a date for your sentencing. At the sentencing, the court decides which punishments to impose for your crimes. For example, the law may require a year in jail as a mandatory sentence but leave other punishment up to the court. In DUI cases, the laws often require some length...

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17 January
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Discrediting Eyewitness Testimony

Posted by Clint
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Discrediting Eyewitness Testimony

At a criminal trial, the prosecution and defense work hard to discredit eyewitness testimony offered by the opposing side. The effect of discrediting the observations of a key witness in front of a jury can be extremely influential in a case’s outcome. Lawyers use numerous techniques to show that an eyewitness is unreliable, some of which are outlined here. Questioning About the Accuracy of a Witness’s Memory One of the most powerful ways to discredit an eyewitness involves questioning the accuracy of that witness’s memory. For example, a lawyer might ask whether the witness was under the influence of any drugs or...

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15 January
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Ignition Interlock Devices and Personal Breathalyzers

Posted by Clint
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Ignition Interlock Devices and Personal Breathalyzers

In the state’s quest to prevent drunk driving and punish drivers who violate the law, ignition interlock devices as DUI prevention have become increasingly popular. At the same time, drivers looking to avoid the consequences of a DUI often use personal breathalyzer devices. Oklahoma drivers who have their licenses revoked after a DUI arrest and do not seek an administrative hearing may obtain a modified license to drive. One condition of the modified license is installation of an ignition interlock device on the car or cars they drive. In addition, many drivers receive an ignition interlock requirement as part of a...

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12 January
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Police Officers’ Authority to Extend Oklahoma Traffic Stops

Posted by Clint
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Police Officers’ Authority to Extend Oklahoma Traffic Stops

A close look at Oklahoma case law shows that police officers have wide authority to extend traffic stops at will. The leading Court of Criminal Appeals opinion, Seabolt v. State, 152 P.3d 235, 2006 OK CR 50, states that police officers must have reasonable, articulable suspicion to extend a traffic stop beyond the typical formalities. In Seabolt, the court evaluated the particular stop at issue under a totality of the circumstances approach, meaning it looked at everything that happened to determine whether the officer initiating the stop had a reasonable suspicion that a crime had been committed. To the contrary, the...

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10 January
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Bail: How Does It Work?

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Bail: How Does It Work?

If you or a loved one needs to make bail, you probably have questions about the process. Here are a few tips to help you move forward. After you have been arrested, you will be booked into jail, where you will wait until your first time seeing a judge. This initial appearance is called an arraignment. At the arraignment, you will be told the charges against you. The judge will set a bond amount that you must post to leave jail and return home to your family. Sometimes, the judge will release you on an “Own Recognizance” Bond, meaning you do...

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08 January
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Questioning Lab Reports at Trial

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Questioning Lab Reports at Trial

A slew of court opinions in the past 10 years examine issues relating to the introduction of lab tests and lab reports at trial. These cases are important in many DUI cases, because the prosecution will seek to use the lab report as evidence, while the defense attorney will try to keep it out of court. Many of the opinions about lab reports relate to Confrontation Clause issues. The Confrontation Clause of the Sixth Amendment to the Constitution requires that a defendant in a criminal case have the opportunity to confront – meaning, usually, to cross-examine – witnesses used against him. In...

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05 January
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What Is Impeachment Evidence?

Posted by Clint
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What Is Impeachment Evidence

In criminal cases, lawyers use various types of evidence to question the accuracy of witnesses’ testimony. The process is called impeachment. Various different kinds of impeachment evidence may show that a witness is not being truthful, such as if prior statements to the police contradict testimony on the stand, or that a witness was not able to observe what happened, such as if the witness has poor vision. Oklahoma law permits lawyers to use specific types of evidence for impeachment purposes. Lawyers may question the witness they are trying to impeach, or they may question a different person to impeach a...

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