Oklahoma City DUI Lawyers
- Parr, Douglas:
If a driver receives a ticket for a speed violation, the driver may challenge the ticket. Often times, a speeding ticket is the result of an officer using a device known as a radar gun. The radar gun is a device that officers use to determine the exact speed that the driver is traveling at a certain point.
- Kelly, Ronald:
Expunging Criminal Records Under Oklahoma Statutes Title 22 å¤991c & å¤18 & 19
Section 18. Expungement of Criminal Records
Persons authorized to file a motion for expungement, as provided herein, must be within one of the following categories:
1. The person has been acquitted;
2. The conviction was reversed with instructions to dismiss by an appellate court of competent jurisdiction, or an appellate court of competent jurisdiction reversed the conviction and the district attorney subsequently dismissed the charge;
3. The factual innocence of the person was established by the use of deoxyribonucleic acid (DNA) evidence subsequent to conviction;
4. The person was arrested and no charges of any type, including charges for an offense different than that for which the person was originally arrested are filed or charges are dismissed within one (1) year of the arrest, or all charges are dismissed on the merits;
5. The statute of limitations on the offense had expired and no charges were filed;
6. The person was under eighteen (18) years of age at the time the offense was committed and the person has received a full pardon for the offense;
7. The offense was a misdemeanor, the person has not been convicted of any other misdemeanor or felony, no felony or misdemeanor charges are pending against the person, and at least ten (10) years have passed since the judgment was entered;
8. The offense was a nonviolent felony, as defined in Section 571 of Title 57 of the Oklahoma Statutes, the person has received a full pardon for the offense, the person has not been convicted of any other misdemeanor or felony, no felony or misdemeanor charges are pending against the person, and at least ten (10) years have passed since the conviction; or
9. The person has been charged or arrested or is the subject of an arrest warrant for a crime that was committed by another person who has appropriated or used the person's name or other identification without the person's consent or authorization.
For purposes of this act, "expungement" shall mean the sealing of criminal records. Records expunged pursuant to paragraph 9 of this section shall be sealed to the public but not to law enforcement agencies for law enforcement purposes.
Section 991c. Deferred Sentence.
A. Upon a verdict or plea of guilty or upon a plea of nolo contendere, but before a judgment of guilt and with the consent of the defendant, defer further proceedings upon the specific conditions prescribed by the court not to exceed a five-year period. The court shall first consider restitution among the various conditions it may prescribe.
Section 19. Procedure for Sealing Records.
A. Any person qualified under Section 18 of this title may petition the district court of the district in which the arrest information pertaining to the person is located for the sealing of all or any part of the record, except basic identification information.
B. Upon the filing of a petition or entering of a court order, the court shall set a date for a hearing and shall provide thirty (30) days of notice of the hearing to the district attorney, the arresting agency, the Oklahoma State Bureau of Investigation, and any other person or agency whom the court has reason to believe may have relevant information related to the sealing of such record.
C. Upon a finding that the harm to privacy of the person in interest or dangers of unwarranted adverse consequences outweigh the public interest in retaining the records, the court may order such records, or any part thereof except basic identification information, to be sealed. If the court finds that neither sealing of the records nor maintaining of the records unsealed by the agency would serve the ends of justice, the court may enter an appropriate order limiting access to such records.
- Reynolds, Joe:
Drinking and driving is one area of law, where hiring an experienced attorney can have a significant impact your case. There are cases that can and will be dismissed completely (i.e. as though it never happened) simply because new case law has rendered a particular law or procedure (often times created by zealous politicians in the legislature who do NOT necessarily know consitutional case law) invalid and unenforceable. But if you do not make your motion to dismiss properly and in a way that lets the prosecutor know it could be taken up successfully on appeal, you will be ignored.
- Robey-Harcourt, Carla:
Defense of a DWI or DUI will often require the utilization of experts. It may also require a significant amount of time and resources.
- Chad Moody:
You have been charged with a crime. What now? You want to protect your future, stay out of jail, keep your record clean, and avoid fines if at all possible. Enlisting a criminal defense lawyer may be your next step, but which one should you choose?
- Mark Blasdel:
In such difficult situations, you take a tremendous risk if you donÕt have solid legal counsel and representation at your side.
- Bumgarner & Goodwin:
If you or a family member has been arrested in Oklahoma, contact an experiencedÊcriminal law attorneyÊbefore making any statements. You canÕt protect your rights if you donÕt know what they are. If you think you need a lawyer, you probably do.
- Burton & Goodman:
Oklahoma drunk driving criminal defense lawyers work hard to preserve your freedom and your ability to drive.
- Maples & Urbach:
DUI/DWI/ Drunk Driving and Related Traffic Violations
driving under the influence of drugs or alcohol, driving without a license, driving on a suspended license, hit and run
- Jaye Mendros:
Can you guarantee I won't go to jail or prison?
No lawyer can ethically answer this question "yes." Depending on your
legal situation, I will tell you what the most likely outcome will be
on your case, what good legal issues you have (i.e. bad search,
insufficient evidence, etc), and do everything possible to get the best
result possible for you. If you have spoken with a criminal defense
attorney who has "guaranteed" you a win or an acquittal or any
particular outcome on your case, you have just spoken with a lawyer you
cannot trust. I will never guarantee any particular outcome, because I
am ethically obligated not to do so and because I will not lie to you.
- Ed Geary:
6 Most Important Questions to Ask a Lawyer before Deciding to Hire Him.
1. First of all, you must ask -- "How many years has he practiced criminal law?"
Of course, the longer the time -- the more training and experience he
will have. Ten years or more gives you a good probability that he will
have expert knowledge to use in getting you the best outcome for your
case. This expert knowledge not only relates to knowing the laws, but
also knowing the other lawyers, judges, and how they operate,... and
being able to figure out the best strategy for your case.
2. Secondly , you must ask -- "How many trials has he handled?" Obviously, you would rather have someone who has tried a lot of cases, ideally 100 or more.
An attorney with that level of experience is going to be better at such
things as jury selection, negotiating reduced sentences, closing
arguments, and any number of critical elements in a criminal case. You
don't want to get someone just out of law school!
3. Next, you should ask -- "How many were jury trials?"
Jury trials are very different from other trials and are a true test of
the attorney's ability to think on his feet. Again you want that number
to be high -- say -- at least 50 or more. One of the
ways I see defendants unknowingly losing their ability to get the best
plea bargain (without going to trial) is having a lawyer who is
inexperienced in trials or who avoids them altogether. Believe me, the
prosecution can smell that inexperience and therefore will not offer as
good a plea. But, if the prosecution knows the defense lawyer is not
afraid of trial, your bargaining power is immensely improved. You see,
the assistant D.A.'s don't want to waste their time trying a case if
they think your defense attorney will win.
4. There's
another key question to ask that almost no one asks because this is a
little known credential that most attorneys will not tell clients about . And that question is -- " Is he a Certified Criminal Attorney by the National Board of Trial Advocacy?"
-- This is a designation few attorneys have. It means the attorney has
tried at least 40 jury trials along with several other rigorous
requirements. You can be sure he/she has the experience you want and
desperately need if he is certified. This certification comes from an
impartial board that has certain strict National requirements for
attainment not based on any "political" or biased considerations.
Few
attorneys are certified because they either do not have the strict
qualifications it takes or they are not dedicated enough to criminal
defense to give their clients that reassurance.
5. Something else you want to know is "Will he provide you with at least a monthly update on your case?"
Many attorneys leave their clients in the dark about what is going on.
This "not knowing" can drive you crazy and make it hard for you to
concentrate on other things in your life like earning a living . Being
charged with a crime is stressful enough—you don't need an unresponsive
lawyer to add to the stress--- and maybe even give you headaches,
ulcers, or high blood pressure!
6. Last, but not least, you must ask, "Will he give you a flat fee price or charge an hourly rate which can go on forever?"
After an attorney does a thorough job of determining what kind of work
is needed for your case, if he is experienced, he should be able to
quote you a set price. After all, you want to know what it will cost
you -- without having to worry about an attorney who purposely drags
things out to run up his fees!
- Kent
Eldrige: If you are charged with a crime, whether in state or federal
court, you will have an experienced and skilled criminal attorney to
fight for you and protect your rights.
- Thomas Allder: Your results will depend upon the facts of your case.
- Charles Sifers:
If you refused to take a breath, blood or urine test after being
arrested for DUI in Oklahoma, or if the results of your test were .10%
blood-alcohol or above, your license will be suspended or revoked 30
days after the arrest for no less than six months and possibly up to
three years, unless you or your attorney take appropriate action to
demand an administrative hearing within 15 calendar days after arrest.
- Brian Loughren:
State and federal procedures in a criminal trial must protect a
defendant's due process rights. If a defendant who is legally
incompetent to stand trial is convicted of a criminal offense, the
defendant's due process rights are violated. A defendant cannot be
prosecuted if he or she is incompetent to stand trial.
- John Albert:
The Fourth Amendment generally protects the right of people to be free
from "unreasonable searches and seizures." In order for a search or
seizure to be reasonable under the Fourth Amendment, it must usually be
based on individualized suspicion of wrongdoing. In 1979, the U.S.
Supreme Court held in Delaware v. Prouse that randomly stopping an
automobile to apprehend unlicensed drivers and unsafe vehicles
constitutes an unreasonable seizure under the Fourth Amendment, where
the officer does not have reasonable suspicion that a motorist has
violated the law. The Court reasoned that the State's interest in
ensuring roadway safety does not justify discretionary spot checks that
intrude on the privacy of motorists. However, the Court has since made
a limited exception for DUI sobriety checkpoints, holding that officers
may perform random spot checks to catch drunk drivers with no
requirement of individualized suspicion.
- Ogle & Welch:
Every state makes it a crime for a driver to operate a vehicle (car,
motorcycle or commercial vehicle) while under the influence of alcohol
or drugs. Commonly called driving under the influence (DUI), this
offense may also be called driving while intoxicated (DWI), operating
under the influence (OUI) or operating a motor vehicle intoxicated
(OMVI). There are two situations when a driver can be arrested and
convicted for DUI: 1. When the driver is unable to operate a vehicle
safely as a result of being impaired by alcohol, illegal drugs,
prescription medications (e.g., painkillers) or over-the-counter
medications (e.g., antihistamines); or 2. When the driver is operating
a vehicle above the state's set blood-alcohol concentration (BAC)
standards. A driver's first DUI conviction is normally charged as a
misdemeanor, but may increase to a felony in some states if someone was
injured or if it is a repeat offense. For example, DUI may be charged
as a felony in California if the accused has three or more prior DUI
convictions.
- Robert Robles:
If the government is trying to convict you of a crime, you need a
vigorous defense. A criminal conviction can impact you for the rest of
your life.
- James Hughes:
The Fourth Amendment prohibition against unreasonable searches and
seizures generally requires police officers to obtain a warrant based
upon probable cause before performing an arrest. Intended to protect
against unreasonable searches and arbitrary arrests, the warrant
requirement has traditionally been strictly enforced to prevent
violations of constitutional privacy interests.
- Atkins & Markoff:
Driving under the influence, referred to as, "drunk driving," describes
operating a motor vehicle while one's blood alcohol content is above
the legal limit set by Oklahoma statute, which supposedly is the level
at which a person cannot drive safely. State statutes vary as to what
that level is, but it ranges from .08 to .10 for adults, which means a
8/100ths to one-tenth of one percent by weight of alcohol to the weight
of blood. This is translated into grams of alcohol per 100 milliliters
of blood in tests of blood or urine sample, or grams of alcohol per 210
liters of air in a "breathalyzer" test. A combination of the use of
alcohol and narcotics can also be "under the influence" based on
erratic driving. Driving on private property such as a parking lot is
no drunk driving defense, but sitting in a non-moving vehicle without
the ignition on probably is (sometimes resulting in a charge of "drunk
in and about a vehicle"). This is a misdemeanor and is variously
referred to as DUI, driving while intoxicated (DWI), drunk driving, or
a "deuce".
- John Hunsucker:
In Oklahoma, the lesser offense of Driving Under the Influence (DUI) is
Driving While Impaired (DWI). According to Oklahoma law, DWI is
operating a motor vehicle on a public roadway while having a blood
alcohol level of .06 or.07. Upon conviction, Driving While Intoxicated
(DWI) does result in a driver license suspension.
- Luis Gallegos:
A jury has a certain number of men and women who are selected to
inquire into factual matters in criminal and civil proceedings.
- Carson
Carter: If you have been contacted by the police and they want to speak
to you. WATCH OUT. You are in serious trouble. Even if they say, you
are not a suspect and they just want to talk. You need a lawyer before
you say anything at all.
- Robinson & Hoover:
DWI/DUI means "driving while intoxicated" or "driving while under the
influence" and refers to the crime of drunk driving. This crime usually
includes driving while abusing drugs and the operation of other kinds
of motorized vehicles, such as boats. Drunk driving is defined by each
state's criminal code.
- Hosty Law
(all counties): Anyone who registers a blood alcohol conconcentration
of .10 or above on an approved breath testing device will be charged
with Driving Under the Influence (DUI) and is subject to a 180-day
driver's license revocation.
- William Campbell:
DUI is shorthand for "Driving Under the Influence." A person is guilty
of DUI if he or she drives or is in actual physical control of a motor
vehicle and is under the influence of alcoholic beverages or any
chemical or controlled substance to the extent that his or her mental
faculties are impaired or when his or her blood alcohol level (BAC) is
above the legal limit for the state.
- Wyatt Law Office:
The Constitutions of the United States and Oklahoma each guarantee our
citizens certain basic rights, including the right to counsel, the
privilege against self-incrimination (i.e., the right to remain
silent), the right to be free from unreasonable searches and seizures,
etc. In matters of criminal law and investigation, you must know your
rights.
- Michelle Roper:
If you are charged with drunk driving, the charges can impact your
insurance rates, your ability to drive, and you may even face jail
time. It is important that you preserve your rights while protecting
your reputation, regardless of the offense.
- Fabian & Associates:
Driving under the influence occurs when a person operates a motor
vehicle and their abilities are impaired by the consumption of alcohol
or drugs to the extent they are unable to safely operate the motor
vehicle. The Crime can occur on the highways, streets or turnpikes of
the state of Oklahoma, or in a Public Parking Lot, which is defined as
a parking lot dedicated to the Public. A person 21 or over can be
considered under the influence at .08 grams of alcohol per 210 liters
of blood. Persons under the age of 21 can be charged with Under 21 DUI
with an Alcohol level of .02. The level of alcohol is determined
through use of the breath test or a blood test.
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