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Tulsa DUI lawyer Tag

07 May
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Criminal Conspiracy Charges in Oklahoma

Posted by Clint
in Blog
Criminal Conspiracy Charges in Oklahoma

Oklahoma law criminalizes conspiracy to commit a crime, even if the accused does not commit the planned crime itself. A criminal conspiracy involves a group of people working together to plan or execute a criminal act. To prove that a person is guilty of criminal conspiracy, the prosecution must show that (1) there was an agreement among two or more people (including the accused) to commit a crime, and (2) at least one person took an overt act in furtherance of the agreement to commit a crime. 21 O.S. § 421. Again, it does not matter whether the co-conspirators actually commit...

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30 April
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The Erin Swezey Act and Ignition Interlock Devices

Posted by Clint
in Blog
The Erin Swezey Act and Ignition Interlock Devices

The Erin Swezey Act imposes strict penalties requiring ignition interlock devices for people convicted of driving under the influence. The Act went into effect in 2011 and is named after an Oklahoman killed by a drunk driver. An ignition interlock device prevents a driver who has consumed a certain detectable level of alcohol from operating a motor vehicle. Generally, the devices have a small spout that drivers blow into and a screen shows whether the driver has exceeded the blood alcohol limit. If so, the driver cannot start the car. Usually there is a waiting period before the driver can try...

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27 April
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Driveway Car Searches: Legal without a Warrant?

Posted by Clint
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Driveway Car Searches: Legal without a Warrant

Recent court cases call into question whether police can enter and search your driveway for evidence of a crime. The Minnesota Supreme Court decided that police needed a warrant to search a vehicle parked on someone’s property. In addition, the Supreme Court of the United States heard oral arguments in a similar warrantless search case. The Minnesota case involved an allegedly stolen camper van parked in the back of the accused’s property. Police walked onto his driveway and toward the camper van, inspecting it. They determined that it matched the description of a stolen vehicle and charged the accused with receiving...

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13 April
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Passengers’ Rights at Traffic Stops

Posted by Clint
in Blog
Passengers’ Rights at Traffic Stops

Passengers in a car pulled over at a traffic stop are in a sticky position. They are not operating the vehicle, so they cannot be arrested for DUI or cited for traffic infractions. When law enforcement pulls a car over, passengers may not know what to do. Can the police order a passenger to stay in the car or get out of the car? Yes, courts have concluded that police can either order passengers to stay in or get out of the car during a traffic stop. Reasoning centers on concern for police officers’ safety and need to exercise control over everyone...

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06 April
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What Is Conditional Release in Oklahoma?

Posted by Clint
in Blog
What Is Conditional Release in Oklahoma?

Conditional release, also called conditional discharge, gives those charged with a crime the opportunity to avoid jail time and criminal records while obeying court-ordered restrictions and requirements. It is one of the diversion programs Oklahoma uses to lower costs, relieve overcrowded jails, and give small-time offenders a second chance. Oklahoma offers a diversion program of conditional discharge for people charged drug possession as their first drug-related offense. If the court so chooses, or as part of a bargain with the prosecutor, the person accused will not be found guilty of possession. Instead, the court will defer any further sentencing and obtain...

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04 April
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Child Endangerment and Drunk Driving

Posted by Clint
in Blog
Child Endangerment and Drunk Driving

Driving drunk with a child in the car can have serious consequences. In Oklahoma, not only can drivers be charged with driving under the influence of alcohol, but they can face increased sentences and child endangerment charges. Oklahomans receive child endangerment charges frequently because their children are in the backseat while they drive drunk. Under Oklahoma law, child endangerment occurs when a parent, guardian, or person who has custody or control of a child either: Is the driver, operator, or person in physical control of a vehicle who is driving under the influence of alcohol or another intoxicating substance while transporting...

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28 March
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New Report Recommends 0.05 BAC Limit

Posted by Clint
in Blog

A new report encourages states to adopt a 0.05 blood alcohol concentration limit for drivers accused of driving under the influence. In a study sponsored by the National Highway Traffic Safety Administration, a non-profit group called the National Academies of Sciences, Engineering, and Medicine examined drunk driving fatalities over the past 30 years and the costs associated with enforcement of DUI laws. The National Academies concluded that lowering the BAC limit – making it easier for drivers to be arrested – and changing a host of strategies for combatting drunk driving would lower fatalities. This latest report is far from the...

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14 March
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Custodial Interrogation During Traffic Stops

Posted by Clint
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Custodial Interrogation During Traffic Stops

The question of when custodial interrogation starts during traffic stops has challenged courts for many years. Choosing a definite rule as to when someone is in custody affects the timing of Miranda warnings. If a police officer waits too long to read Miranda warnings during a stop, the driver can challenge admissibility in court of any statements he makes after the stop becomes custodial but before the warnings are read. In one of many attempts to determine when “custodial interrogation” begins, the Supreme Court considered the case of Berkemer v. McCarty, 468 U.S. 420 (1984). In the case, a state police...

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05 March
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What Does an Oklahoma Defense Lawyer Do?

Posted by Clint
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What Does an Oklahoma Defense Lawyer Do?

If you have been charged with a crime, you may be thinking about whether you need to hire a defense lawyer. Many people have questions about what lawyers will do for their case. Defense lawyers work for you, investigate the facts behind the charges against you, determine the best defenses for your case, and argue your case in court. Defense Lawyers Investigate Your Case Criminal defense lawyers investigate the charges filed against their clients to determine important facts for their defense in court. For example, defense lawyers interview witnesses who were at the scene of an accident and talk to friends and...

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28 February
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Vehicle Impounded? What to Do Next

Posted by Clint
in Blog
Vehicle Impounded? What to Do Next

Many drivers who are arrested for driving under the influence have their cars impounded by the police. “Impound” means that the car is towed by a tow truck to a city or state lot where it is kept until the driver or an authorized representative picks it up and pays the impound fees. Police impound cars because the driver cannot or should not drive them and they will otherwise be parked in possibly unsafe locations on public property. The only ways to avoid impound of your vehicle are 1) to convince a sober friend or passenger at the scene to drive...

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