Wednesday, November 30, 2011

Oklahoma Reckless Driving Ticket

Oklahoma enacted a new law that went into effect on November 1, 2011 titled Aaron's law. This new law mandates that anyone receiving a conviction for reckless driving in Oklahoma will automatically lose their Oklahoma Driver's License for a period of one year. What is really stupid about this law is that it does not provide for any modified driving privileges.

Oklahoma does not have decent public transportation which means people are going to drive to get to and from work or school. Most insurance policies do not cover unlicensed drivers so if they are in an accident, there will not be any insurance coverage. This is another example of our government making a knee jerk reaction and creating laws without thinking through the consequences. Under this new law, the license punishment for reckless driving is worse than the punishment for DUI or driving under the influence. How does that make sense? What it means for the citizen that makes a driving mistake and the cop writes it up as a reckless, he/she will need to hire an attorney to make sure the charge does not become a conviction and thus, no license suspension.

John Hunsucker
Oklahoma DUI

Bruce Edge
Tulsa DUI

Wednesday, November 23, 2011

Avoid an Oklahoma DUI Arrest

Once again, in an attempt to reduce the number of Oklahoma DUI arrests, AAA Oklahoma is offering their Tipsy Tow service during the hoilday season. For Thanksgiving, the service begins at 6 pm tonight and runs through 2 am Monday morning in the Oklahoma City, Tulsa, Lawton, Shawnee, Enid, Muskogee and Bartlesville areas.

Avoid being arrested for driving under the influence by calling 1-800-222-4357. Tipsy Tow will tow you, one passenger, and your vehicle to your residence within 15 miles.

This free service is a great way to avoid the stiff Oklahoma DUI penalties that come with an Oklahoma DUI arrest as a first time DUI arrest without any accidents or injuries carries minimum 10 days up to 1 year in the county jail as well as a fine of up to $1000.00.

John Hunsucker
Oklahoma DUI Defense Lawyer

Bruce Edge
Tulsa DUI Defense Lawyer

What Not To Do When Being Stopped For DUI, Part Three

A Warr Acres man with a history of DUI arrests attempted to elude officers. Joe Escobar, 31, died after losing control of his pickup. Officers attempted to stop him after he was allegedly driving slow and straddling lane lines leading the officer to believe he may be DUI (driving under the influence) according to police officers.

This is another case of what not to do when being stopped for DUI. What should have been a situation of being arrested for DUI and then bonding out turned into a life ending tragedy for Mr. Escobar and his family.

An Oklahoma DUI arrest is serious but if handled correctly, you can get through the system. Not every DUI arrest ends up in jail time. In fact. very, very few of our (John and Bruce) clients ever go back to jail after bonding out. Some of our clients never even lose their Oklahoma driver's license. Of the ones that do lose their driver's license, almost all of them get some type of modified license that still allows them to drive legally.

John Hunsucker
Oklahoma DUI Defense

Bruce Edge
Tulsa DUI Defense

Tuesday, November 22, 2011

What Not To Do When Being Stopped For DUI, Part Two

An Oklahoma City attorney pled guilty to an Oklahoma County APC misdemeanor and resisting arrest this week in the Oklahoma County District Court. APC is short for being in Actual Physical Control of a Motor Vehicle While Under the Influence of Alcohol.

The attorney, along with another Oklahoma City attorney were arrested September 12, 2008 after the Whataburger manager said the attorney's SUV almost hit another vehicle in the drive thru lane at 140 am. According to the police officer, after they arrived, the attorney became uncooperative and spit in the officer's face and pulled out a badge from the Oklahoma County Sheriff's Department claiming to be a deputy. The badge was not an actual Oklahoma County Deputy's badge but an "eagle" badge that is given to supporters. Once at the station, the officers claim that the attorney kept cursing at them and demanding to be taken to Oklahoma County.

The officers complied with the attorney's request and took him to Oklahoma County where they charged him with felony placing bodily fluids on a police officer and felony impersonating an officer. Thus, what would have been a simple misdemeanor drunk driving charge or actual physical control charge turned into felony charges.

If you are arrested for DUI or APC, it is best to remain silent and cooperate with the officers. However, that cooperation does not include performing any field sobriety tests or other roadside tests. The decision to take the state's breath test or blood test is a decision that would bary depending on the circumstances of your arrest and prior DUI charges. It is always best to consult with a qualified DUI attorney as quickly as you can after being arrested.

John Hunsucker
Oklahoma DUI Lawyer

Bruce Edge
Tulsa DUI Attorney

Monday, November 21, 2011

What Not To Do When Being Stopped For DUI

You have gone out to the club with a few friends and had a few drinks. Driving home, a police officer lights you up to pull over. What do you do? The worst thing you can do is run. The chances of eluding are slim and the consequences are great. Getting a DUI charge is bad but don't make it worse by adding a felonay eluding charge, possibly injuring someone, or even causing your own death.

Chris Mooneyham, 33, did just that. After an Oklahoma Highway Patrol (OHP) Trooper noticed Mr. Mooneyham allegedly driving erratically near Interstate 35 and SE 19th Street in Moore, Oklahoma, the unidentified Trooper attempted to stop the suspected drunk driver. Instead of pulling over, the suspected DUI driver attempted to elude the Trooper. At some point, a passenger got out of the vehicle and the Trooper got out of his vehicle to chase the passenger. Mr. Mooneyham allegedly attempted to run over the Trooper. The Trooper fired several shots at the vehicle resulting in Mr. Mooneyham's death at the scene.

The trooper has been placed on paid, routine administrative leave pending the outcome of the investigation. The crime scene investigators will compile a report and submit their findings to the chief's office.

If you are being arrested for a first time Oklahoma DUI misdemeanor offense, the worst case you are generally looking at is probation and a reduction in the DUI charge to a non DUI charge or a dismissal of your Oklahoma DUI charge. If you attempt to elude and there are other vehicles around, you can be charged with felony eluding which carries prison time. If you attempt to elude and a death results, then you will be charge with felony murder which carries up to life in prison.

If you have been arrested for an Oklahoma DUI, then hire an experienced DUI attorney to protect you, your future, and your license.

John Hunsucker
Oklahoma City DUI Attorney

Bruce Edge
Tulsa DUI Attorney

Friday, November 18, 2011

Oklahoma DUI Checkpoints This Weekend

Oklahoma County Sheriff's Office announced that they will be conducting DUI roadblocks this weekend. Although they will be looking for all license and equipment violations, the main point is to look for Oklahoma drivers that may be driving under the influence or DUI.

If you are stopped at a DUI checkpoint or DUI roadblock, remain calm, cooperate with the officer but do not admit to consuming any alcohol. Do not submit to any field sobriety tests like the pen test or walk a straight line test. Do not blow into any handheld portable breath testing devices.

The decision on whether to take the actual breath or blood test is up to you. However, Oklahoma has just passed a new law that requires anyone that loses their Oklahoma driver's license for the first time as a result of refusing to take the breathalyzer or intoxilyzer or takes the breath test / blood test and has a result of .15 or higher to have an ignition interlock device in their vehicle for an additional 18 months after reinstatement.

Thus, if you think you are below a .15, then you may be better off taking the Oklahoma breath test. If you may be over a .15 bac, then you could face an aggravated DUI charge which would require additional treatment. To get an idea of what it takes to get to a .15 breath alcohol level, see our breath calculator.

If you decide to take the Oklahoma breath test, after taking the test immediately request a blood test and tell them that you will pay for it. This is your right. The blood test is more accurate and by requesting it after the their breath test, it gives you a little more time to eliminate alcohol.

The best thing to do to avoid a Oklahoma DUI charge is to drink responsibly and have a designated driver. If you are arrested, then you will want to take advantage of the free consultation offered by qualified Oklahoma DUI lawyers like Bruce and myself.

John Hunsucker
Oklahoma DUI Lawyer

Bruce Edge
Tulsa DUI Attorney

Wednesday, November 16, 2011

More DUI Arrests Coming

Oklahoma Department of Public Safety and the Oklahoma Highway patrol announced their new campaign yesterday for traffic and drunk driving enforcement. The "More Cops, More Stops" campaign will run through the holidays. The cops will be looking for people not wearing seatbelts as well as other minor violations of the law so they can have a reason to pull you over.

Similar to our past experiences, most of these seatbelt stops will be at 2 a.m. just down the street from the local bars. If the past history is any indicator, the seatbelt stop will simply be the reason for a pretextual stop for an Oklahoma DUI arrest. Are our resources better spent pulling over the person that is weaving all over the road and is actually driving impaired instead of a person that is not having any difficulty operating their car? Get the dangerous person off the road instead of someone that may or may not be barely over the limit and doesn't pose a danger to anyone.

We remind people to drink responsibly but we also protect responsible social drinking.


John Hunsucker

Oklahoma DUI Attorney


Bruce Edge

Tulsa DUI Attorney

Friday, November 11, 2011

Thank you to our Veterans

Bruce and I along with the staff at the Hunsucker Legal Group and the Edge Law Firm wish to thank our veterans that have sacrificed so much so we can enjoy the freedoms we have. As an army brat growing up on military bases following my career army father post to post, I have seen some of the sacrifices the veterans made leaving their hometowns, families and loved ones behind as they went off to protect us and keep us safe. Some paid the ultimate sacrifice and we say a prayer for those today as we remember.

To my father, Major James Hunsucker (Army Ret.) and all of the other veterans, thank you.

John Hunsucker
Oklahoma DUI Defense

Bruce Edge
Tulsa DUI Defense