tag:blogger.com,1999:blog-77961770074801902642024-03-14T02:26:04.962-05:00Oklahoma DUIBruce Edge of Tulsa and John Hunsucker of Oklahoma City cover the state with practices limited to DUI Defense. They are the co-authors of "Oklahoma DUI Defense" and "Oklahoma DUI Survival Guide".
They are the only attorneys in Oklahoma who own an Intoxilyzer 8000; only 10 are privately owned in the U.S.Bruce Edgehttp://www.blogger.com/profile/03292602066778131787noreply@blogger.comBlogger72125tag:blogger.com,1999:blog-7796177007480190264.post-47144100577792651062015-10-30T14:08:00.001-05:002015-10-30T14:08:13.067-05:00How long can police detain me on Oklahoma traffic stop?
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;">How long can police detain me for a traffic stop?</span></div>
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;"></span> </div>
<div class="normal" style="margin: 0in 0in 0pt;">
<o:p><span style="font-family: Arial;"> </span></o:p><span style="font-family: Arial;">Consider a hypothetical: a police officer stops you for a minor
traffic violation or suspicion of an <a href="http://www.okdui.com/" target="_blank">Oklahoma DUI charge</a>. He goes through the usual routine of checking your driver's
license, vehicle registration and proof of insurance, and they all check out.
He writes you a warning about the traffic infraction. You think that the
encounter is over, and want to get on your way. </span></div>
<div class="normal" style="margin: 0in 0in 0pt;">
<o:p><span style="font-family: Arial;"> </span></o:p></div>
<span style="font-family: Arial;">But for some reason, the officer does not seem to want to let
the matter rest. Next he asks you for permission to walk a drug sniffer dog
around your vehicle. You refuse to give permission, and the officer refuses to
let you leave. Backup arrives. The officer does the dog pass around your car
anyway, and the dog alerts to the presence of an illegal drug. You are arrested
on charges for drug possession.</span><br />
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;">You ask yourself: was it reasonable for the officer to continue
the traffic stop once he issued the warning? </span><a href="http://www.supremecourt.gov/opinions/14pdf/13-9972_p8k0.pdf"><span style="color: #1155cc;"><span style="font-family: Arial;">How long is too long to conduct a routine traffic stop</span></span></a><span style="font-family: Arial;">?</span></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;">Interestingly, earlier this year the U.S. Supreme Court
examined this very issue, and its conclusion may make a significant difference
in how police perform traffic stops in Oklahoma and other states.</span></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;">The above hypothetical is not just a thought experiment. It
really happened to a driver in another state. The driver argued that prolonging
the traffic stop without any basis in reasonable suspicion violated his
constitutional rights and that accordingly the drug evidence should be
suppressed. The prosecution countered that the added time – seven to eight
minutes – represented only a “de minimis” intrusion on the driver’s personal
liberty and was therefore acceptable. The trial court sided with the
prosecution, as did the Court of Appeals.</span><o:p><span style="font-family: Arial;"> </span></o:p></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;">For its part, however, the US Supreme Court disagreed. In an
opinion that found support from both its conservative and liberal Justices, it
ruled that unless reasonable suspicion exists for the officer to do a drug
search, including a dog sniff, he or she cannot extend a traffic stop to search
for drugs in your car. The officer can stop you long enough to complete the
"mission" of the traffic stop – for example, to issue you a ticket or
warning for the original reason for stopping you – but then must let you go
without prolonging the stop in the hope that a dog sniff of your vehicle might
turn up something. The Court also disagreed with the prosecution’s argument
that if the officer conducting the traffic stop does it “expeditiously” that
should somehow grant additional time for a drug search. </span><o:p><span style="font-family: Arial;"> </span></o:p></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;">In short, performing a dog sniff test is beyond the scope of
the mission of a vehicle stop based on a traffic violation, meaning that the
Fourth Amendment to the U.S. Constitution cannot countenance absent grounds for
reasonable suspicion for a search.</span><o:p><span style="font-family: Arial;"> </span></o:p></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;">If you are held longer than you believe is reasonable for a
traffic stop, and police use that extra time to do a drug search of your
vehicle, you should inform your defense attorney of this – it might make the
difference between being convicted of an offense or not.</span></div>
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;"></span> </div>
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;">For more information, visit <a href="http://www.okdui.com/">www.OKDUI.com</a> or <a href="http://oklahoma-criminal-defense-lawyer.com/">http://oklahoma-criminal-defense-lawyer.com/</a> </span></div>
Anonymoushttp://www.blogger.com/profile/01936565093869381722noreply@blogger.com0tag:blogger.com,1999:blog-7796177007480190264.post-20311437399837068482015-04-10T12:33:00.000-05:002015-04-10T12:33:00.804-05:00Oklahoma DUI CheckpointsAs spring approaches, more law enforcement agencies are conducting DUI roadblocks or checkpoints. Many question the legality of the stops as they infringe on our rights to be free from unreasonable seizures. However, it isn't that easy. Oklahoma courts as well as SCOTUS have approved of the limited use of Oklahoma DUI checkpoints. This article explains <a href="http://oklahoma-criminal-defense-lawyer.com/oklahoma-dui-roadblocks-are-they-legal/" target="_blank">Oklahoma DUI Checkpoints</a> in more detail.<br />
<br />
John Hunsucker<br />
<a href="http://www.okdui.com/" target="_blank">Oklahoma DUI Lawyer</a>Anonymoushttp://www.blogger.com/profile/01936565093869381722noreply@blogger.com0tag:blogger.com,1999:blog-7796177007480190264.post-6795143806322352762015-03-31T13:57:00.004-05:002015-03-31T13:57:54.749-05:00How Oklahoma Cops Detect and Detain Suspected Drunk Drivers: Part Two
<span style="font-family: Arial;">In our first post of this </span><a href="http://duioklahoma.blogspot.com/2015/03/how-oklahoma-police-officers-detect-and.html"><span style="color: blue; font-family: Arial;">DUI
Detection</span></a><span style="font-family: Arial;"> series, which covers the “</span><a href="https://www.justia.com/criminal/drunk-driving-dui-dwi/docs/dwi-student-manual-2004.pdf"><span style="color: #1155cc;"><span style="font-family: Arial;">DWI Detection and Standardized Field Sobriety Testing</span></span></a><span style="font-family: Arial;">”
guidelines for police officers, we covered the first phase (“vehicle in
motion”) of the three-phase process that police use when making the
determination of whether to stop a driver on suspicion of driving while intoxicated.
This post continues addresses the second phase, “personal contact.”</span><br />
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<o:p><span style="font-family: Arial;"> </span></o:p><span style="font-family: Arial;">We should note at the outset that the three-phase sequence --
vehicle in motion, personal contact and pre-arrest screening -- do not need to
be followed in order. It is possible for a police officer to skip the first
phase and go directly to the second; a common way this can happen is at a DUI
checkpoint, or when the officer is responding to the scene of a car accident.</span></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<o:p><span style="font-family: Arial;"> </span></o:p><span style="font-family: Arial;">The purpose of the personal contact phase is for the officer to
observe the driver while still in the car and to assess whether signs exist
that suggest that the driver may be impaired. Depending on how this
face-to-face interaction progresses, the officer will eventually decide whether
the driver is sober, whether to go to the third phase and ask the driver to
exit the vehicle so that </span><a href="http://www.okdui.com/field.sobriety.tests/"><span style="color: blue; font-family: Arial;">field
sobriety tests</span></a><span style="font-family: Arial;"> can be administered, or to arrest the driver based on
probable cause of DUI.</span></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<o:p><span style="font-family: Arial;"> </span></o:p><span style="font-family: Arial;">When the officer begins the personal contact with the driver,
he or she will be relying on sensory cues to assess the driver’s state of
sobriety. These cues include:</span></div>
<div class="normalCxSpMiddle" style="margin: 1em 0px 1em 0.5in; mso-add-space: auto; mso-list: l0 level1 lfo2; text-indent: -17.95pt;">
<!--[if !supportLists]--><span style="mso-list: Ignore;">●<span style="font-size-adjust: none; font-stretch: normal; font: 7pt/normal "Times New Roman";">
</span></span><!--[endif]-->Visual: The officer will be looking for
intoxication-related symptoms such as bloodshot eyes, alcohol containers in the
car, drugs or drug paraphernalia, unusual actions, soiled clothing, or shaky
hands and fingers.</div>
<div class="normalCxSpMiddle" style="margin: 1em 0px 1em 0.5in; mso-add-space: auto; mso-list: l2 level1 lfo3; text-indent: -17.95pt;">
<!--[if !supportLists]--><span style="mso-list: Ignore;">●<span style="font-size-adjust: none; font-stretch: normal; font: 7pt/normal "Times New Roman";">
</span></span><!--[endif]-->Audible: The officer will be listening for the driver’s
admission that he or she has been drinking, slurred speech, inconsistent
answers to questions, abusive language or unusual statements.</div>
<div class="normalCxSpMiddle" style="margin: 1em 0px 1em 0.5in; mso-add-space: auto; mso-list: l1 level1 lfo1; text-indent: -17.95pt;">
<!--[if !supportLists]--><span style="mso-list: Ignore;">●<span style="font-size-adjust: none; font-stretch: normal; font: 7pt/normal "Times New Roman";">
</span></span><!--[endif]-->Smell: The officer will note whether the odor of
alcohol or marijuana is present, or if the driver has been using something like
candies or breath sprays as an attempt to cover up such odors, as well as
noticing whether other unusual odors are present in the vehicle.</div>
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;">Police officers are trained in interview techniques that
impaired drivers will have difficulty with, most notably questions that require
the driver to satisfactorily demonstrate divided attention tasks. For example,
the officer may ask for the driver to do or produce two things at the same
time, or may interrupt the driver’s answer with another question (suddenly
asking for the time or the date, or what the driver’s middle name is), or using
other techniques such as having the driver recite the alphabet or do a verbal
countdown. </span><o:p><span style="font-family: Arial;"> </span></o:p></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;">During this questioning, the officer will be looking for
tip-off behaviors. For example, when asked for a driver’s license and
registration, does the driver forget to provide both, or provide a document
other than one requested? Does the driver seem to be fumbling for the
documents?<span style="mso-spacerun: yes;"> </span>This is a divided attention
test whereby the officer is intentionally asking you to do several things at
one time to see if you are able to comply.</span><o:p><span style="font-family: Arial;"> </span></o:p></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;">If the questioning leads the officer to suspect intoxication,
then he or she will usually instruct the driver to exit the vehicle. Even then
the officer will be observing for symptoms, such as the driver’s inability to
follow instructions, inability to open the door, leaning against the vehicle or
having to use the hands to steady his or herself.</span><o:p><span style="font-family: Arial;"> </span></o:p></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;">In our next post in this series, we will go over what the
officer may do in the third phase, the pre-arrest screening once the driver has
exited the vehicle.</span><o:p><span style="font-family: Arial;"> </span></o:p></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="color: #333333;"><span style="font-family: Arial;">The </span></span><span style="color: #333333; font-family: "Verdana","sans-serif";"><a href="http://www.okdui.com/#oklahoma-dui-laws"><span style="color: blue; font-family: "Arial","sans-serif";">Oklahoma DUI Lawyers</span></a></span><span style="color: #333333;"><span style="font-family: Arial;"> as
well as most of our support staff at the Hunsucker Legal Group are trained and
certified in NHTSA DWI Detection and Field Sobriety Testing.<span style="mso-spacerun: yes;"> </span>Our goal is that we will be better trained
and have more knowledge that the prosecutor and the police officer when we step
into a courtroom to protect our clients.<span style="mso-spacerun: yes;">
</span>For a free consultation, please call 405-231-5600 or visit </span><a href="http://www.okdui.com/"><span style="color: blue; font-family: Arial;">www.okdui.com</span></a><span style="font-family: Arial;"> </span></span></div>
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="color: #333333;"><span style="font-family: Arial;"></span></span> </div>
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="color: #333333;"><span style="font-family: Arial;">John Hunsucker</span></span></div>
Anonymoushttp://www.blogger.com/profile/01936565093869381722noreply@blogger.com1tag:blogger.com,1999:blog-7796177007480190264.post-2848461101345094102015-03-31T12:58:00.001-05:002015-03-31T12:58:09.133-05:00What does it really mean to be a convicted felon?In Oklahoma, the trend has been to make more and more petty crimes into felony charges. A second time marijuana conviction in Oklahoma is a felony. Previously, a previous conviction for DUI could result in felony DUI arrest. Now, a previous deferred that has been expunged can be used to make a new DUI charge received 19 years after the first one a felony. The list goes on and on. the result is we are making our state a state of felons. Here are the consequences of being a convicted felon:<br />
<br />
<a href="http://oklahoma-criminal-defense-lawyer.com/what-are-the-long-term-consequences-of-an-oklahoma-felony-conviction/">http://oklahoma-criminal-defense-lawyer.com/what-are-the-long-term-consequences-of-an-oklahoma-felony-conviction/</a><br />
<br />
John Hunsucker<br />
<a href="http://www.okdui.com/" target="_blank">Oklahoma DUI Lawyer</a>Anonymoushttp://www.blogger.com/profile/01936565093869381722noreply@blogger.com0tag:blogger.com,1999:blog-7796177007480190264.post-28337653800576649502015-03-24T12:28:00.002-05:002015-03-24T12:28:20.678-05:00New articles dealing with breath testing and overcriminalization.Just posted several new blog articles dealing with a couple different issues.<br />
Recently, the Unites States Supreme Court (SCOTUS) recognized the term overciminalization in their opinion <a href="http://oklahoma-criminal-defense-lawyer.com/u-s-supreme-court-ready-recognize-idea-overcriminalization/www.supremecourt.gov/opinions/14pdf/13-7451_m64o.pdf" target="_blank">Yates v. United States</a>. Basically, SCOTUS looked at the issue of prosecutors over reaching and attempting to stretch legal definitions to increase the potential punishment. Here is link to the blog article: <a href="http://oklahoma-criminal-defense-lawyer.com/u-s-supreme-court-ready-recognize-idea-overcriminalization/">http://oklahoma-criminal-defense-lawyer.com/u-s-supreme-court-ready-recognize-idea-overcriminalization/</a><br />
<br />
The other article was posted on a national DUI blog that I also am a contributor. It was posted there as it is applicable to breath tests all over the nation. The article explains the issues with breathalyzers and Intoxilyzers. The article is posted here: <a href="http://duinewsblog.org/2015/03/24/factors-affecting-oklahoma-intoxilyzer-breathalyzer-tests/">http://duinewsblog.org/2015/03/24/factors-affecting-oklahoma-intoxilyzer-breathalyzer-tests/</a><br />
Anonymoushttp://www.blogger.com/profile/01936565093869381722noreply@blogger.com0tag:blogger.com,1999:blog-7796177007480190264.post-50691946861088879132015-03-17T10:54:00.000-05:002015-03-17T10:54:17.912-05:00Oklahoma Expired Blood Test Kits: Is It Really Acceptable To Keep Using Them?
<br />
<div style="margin: 0in 0in 0pt;">
<span style="background: white; color: #500050; font-size: 10pt; line-height: 115%; mso-highlight: white;"><span style="font-family: Arial;">One of the tools that Oklahoma law
enforcement use to gather evidence of driving under the influence (DUI) is a
blood collection sample kit. This kit contains vacuum-sealed tubes, which are
designed to draw in a pre-determined amount of blood which then mixes with an
inorganic salt compound consisting of sodium fluoride and potassium oxalate. </span></span></div>
<br />
<div style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;"> </span></div>
<br />
<div style="margin: 0in 0in 0pt;">
<span style="background: white; color: #500050; font-size: 10pt; line-height: 115%; mso-highlight: white;"><span style="font-family: Arial;">Oklahoma blood test kits carry expiration
dates on the vacuum-sealed tubes. There may be some confusion as to the effect
these expiration dates may have if a police officer uses a tube that is beyond
its expiration. </span></span></div>
<br />
<div style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;"> </span></div>
<br />
<div style="margin: 0in 0in 0pt;">
<span style="background: white; color: #500050; font-size: 10pt; line-height: 115%; mso-highlight: white;"><span style="font-family: Arial;">The first question is whether the
expiration relates to the salt compound contained in the tube. The answer here
is, “no.” The compound itself is stable. This leads to the second, and more
significant inquiry: if the expiration date on the blood collection vacuum tube
does not refer to the salt compound, then what does it refer to?</span></span></div>
<br />
<div style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;"> </span></div>
<br />
<div style="margin: 0in 0in 0pt;">
<span style="background: white; color: #500050; font-size: 10pt; line-height: 115%; mso-highlight: white;"><span style="font-family: Arial;">The expiration refers to the tube
manufacturer’s warranty that the vacuum seal of the tube will maintain its
integrity to a degree sufficient to draw a pre-determined amount of blood. It
is the vacuum that draws the blood into the tube; but unlike the salt compound,
the tube seal eventually does degrade and as it does, the amount of blood that
it will draw into the tube becomes increasingly subject to uncontrolled
variation.</span></span></div>
<br />
<div style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;"> </span></div>
<br />
<div style="margin: 0in 0in 0pt;">
<span style="background: white; color: #500050; font-size: 10pt; line-height: 115%; mso-highlight: white;"><span style="font-family: Arial;">So what does this mean to you, if you are
subject to a blood draw using an expired vacuum tube?</span></span></div>
<br />
<div style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;"> </span></div>
<br />
<div style="margin: 0in 0in 0pt;">
<span style="background: white; color: #500050; font-size: 10pt; line-height: 115%; mso-highlight: white;"><span style="font-family: Arial;">The most significant impact of a loss of
vacuum is that the amount of blood drawn into the tube may affect the ratio
between the blood and the salt compound, which in turn may compromise the value
of the test result when it comes to establishing whether a driver was under the
influence when the blood sample was drawn. This potential volume-based skewing
of the test sample is referred to as, “salting out”.</span></span></div>
<br />
<div style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;"> </span></div>
<br />
<div style="margin: 0in 0in 0pt;">
<span style="background: white; color: #500050; font-size: 10pt; line-height: 115%; mso-highlight: white;"><span style="font-family: Arial;">A second possible problem with a loss of
vacuum integrity in the collection tube is that a compromised seal means that
more than the blood sample may possibly be able to enter it. Certain
commonly-found yeast bacteria, for example, may be able to enter via the
degraded seal. That bacteria consumes the blood sugar, or glucose, and as a
waste product produces… alcohol. That is correct: a contaminated sample due to
a faulty vacuum seal can result in the production of alcohol inside the tube.</span></span></div>
<br />
<div style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;"> </span></div>
<br />
<div style="margin: 0in 0in 0pt;">
<span style="background: white; color: #500050; font-size: 10pt; line-height: 115%; mso-highlight: white;"><span style="font-family: Arial;">What is more, there is no way for the
devices used to analyze the blood sample for alcohol content to distinguish
between the alcohol that was in your blood when the sample was drawn and any
bacterially-produced alcohol that was created after the draw. This can lead to
a challenge of the evidentiary value of the sample itself.</span></span></div>
<br />
<div style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;"> </span></div>
<br />
<div style="margin: 0in 0in 0pt;">
<span style="background: white; color: #500050; font-size: 10pt; line-height: 115%; mso-highlight: white;"><span style="font-family: Arial;">Are expired blood test kits being used in
Oklahoma? </span></span><a href="http://www.ok.gov/bot/documents/Action%20No.%2007-03.pdf"><span style="background: white; color: #1155cc; font-size: 10pt; line-height: 115%; mso-highlight: white;"><span style="font-family: Arial;">The answer appears to be, “Yes</span></span></a><span style="background: white; color: #500050; font-size: 10pt; line-height: 115%; mso-highlight: white;"><span style="font-family: Arial;">.” Documentation available from the state’s Board of Tests
for Alcohol and Blood Influence indicates that not only are some expired test
kits still in the field, but that the State Director of the Board of Tests has
given the green light to keep using them.</span></span></div>
<br />
<div style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;"> </span></div>
<br />
<div style="margin: 0in 0in 0pt;">
<span style="background: white; color: #500050; font-size: 10pt; line-height: 115%; mso-highlight: white;"><span style="font-family: Arial;">Not every blood draw sample in Oklahoma
will be subject to vacuum-seal compromise. And the state is encouraging law
enforcement in the state to </span></span><a href="http://www.ok.gov/bot/documents/Training%20Bulletin%204%20%2003-03-15%20-%20Blood%20Kit%20Expirations.pdf"><span style="background: white; color: #1155cc; font-size: 10pt; line-height: 115%; mso-highlight: white;"><span style="font-family: Arial;">turn in expired test kits</span></span></a><span style="background: white; color: #500050; font-size: 10pt; line-height: 115%; mso-highlight: white;"><span style="font-family: Arial;">. But if you have been accused of DUI based in part on the
result of a blood sample, the fact that some of these expired kits are
apparently still in use is an avenue that your attorney will definitely need to
investigate as part of your defense.</span></span></div>
<br />
<div style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;"> </span></div>
<span style="font-family: "Arial","sans-serif"; font-size: 11pt; line-height: 115%; mso-ansi-language: EN-US; mso-bidi-font-size: 10.0pt; mso-bidi-language: AR-SA; mso-fareast-font-family: Arial; mso-fareast-language: EN-US;">The <a href="http://www.okdui.com/"><span style="color: blue;">Oklahoma DUI attorneys</span></a> at the Hunsucker Legal
Group have received advanced training in the science and laws relating to blood
and breath testing.<span style="mso-spacerun: yes;"> </span>Call them today for
your free consultation at 405-231-5600</span>Anonymoushttp://www.blogger.com/profile/01936565093869381722noreply@blogger.com0tag:blogger.com,1999:blog-7796177007480190264.post-48304795363129904942015-03-12T17:10:00.001-05:002015-03-12T17:10:57.580-05:00How Oklahoma Police Officers Detect and Detain Suspected Drunk Drivers: Part One
<span style="font-family: Arial;">When it comes to making DUI stops, it is well-established in
Oklahoma and other states that police officers cannot arbitrarily stop vehicles
and then “work backwards” to try to find something illegal. The stop itself
must have some basis in reasonable suspicion that the driver is driving while
under the influence. But how do police make such a determination? Is there any
uniform standard that they adhere to, and if so what is that standard?</span><br />
<div class="normal" style="margin: 0in 0in 0pt;">
<o:p><span style="font-family: Arial;"> </span></o:p></div>
<span style="font-family: Arial;">Police in many jurisdictions do in fact have guidelines to help
them decide whether to pull over a vehicle the driver of which they suspect is
intoxicated. One such set of guidelines is issued by the US Department of
Transportation’s National Highway Traffic Safety Administration (NHTSA), and is
entitled “</span><a href="https://www.justia.com/criminal/drunk-driving-dui-dwi/docs/dwi-student-manual-2004.pdf"><span style="color: #1155cc;"><span style="font-family: Arial;">DWI Detection and Standardized Field Sobriety Testing</span></span></a><span style="font-family: Arial;">.”<span style="mso-spacerun: yes;"> </span>It is important to realize that this manual
is more than just how to perform the roadside </span><a href="http://www.okdui.com/field.sobriety.tests/index_html#2"><span style="color: blue; font-family: Arial;">field sobriety
tests</span></a><span style="font-family: Arial;"> but also trains an officer when he should stop a vehicle suspected of
DUI or DWI.</span><o:p><span style="font-family: Arial;"> </span></o:p><br />
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;">The NHTSA standards visualize a police DUI stop as a
three-phase process that begins with observing the vehicle in motion, then
progresses through making personal contact with the driver and finally to
pre-arrest screening. This post will address the first of these three phases,
“vehicle in motion.”</span><o:p><span style="font-family: Arial;"> </span></o:p></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;">This first phase is intended to answer the question, “Should I
stop the vehicle?” Depending on the circumstances, the officer will answer the
question in one of three ways:</span></div>
<div class="normalCxSpMiddle" style="margin: 1em 0px 1em 0.5in; mso-add-space: auto; mso-list: l0 level1 lfo3; text-indent: -17.95pt;">
<!--[if !supportLists]--><span style="mso-list: Ignore;">●<span style="font-size-adjust: none; font-stretch: normal; font: 7pt/normal "Times New Roman";">
</span></span><!--[endif]-->Stop the vehicle right away</div>
<div class="normalCxSpMiddle" style="margin: 1em 0px 1em 0.5in; mso-add-space: auto; mso-list: l0 level1 lfo3; text-indent: -17.95pt;">
<span style="mso-list: Ignore;">●<span style="font-size-adjust: none; font-stretch: normal; font: 7pt/normal "Times New Roman";">
</span></span><!--[endif]-->Wait and look for additional evidence</div>
<div class="normalCxSpMiddle" style="margin: 1em 0px 1em 0.5in; mso-add-space: auto; mso-list: l0 level1 lfo3; text-indent: -17.95pt;">
<!--[if !supportLists]--><span style="mso-list: Ignore;">●<span style="font-size-adjust: none; font-stretch: normal; font: 7pt/normal "Times New Roman";">
</span></span><!--[endif]-->Do not stop the vehicle</div>
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;">Driving a car involves a process known as “divided attention.”
A sober driver must be able to handle multiple tasks simultaneously, or
near-simultaneously, such as steering, signaling, controlling the accelerator
and brakes, and observing other cars and traffic signals.</span><o:p><span style="font-family: Arial;"> </span></o:p></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;">Impaired drivers have trouble dividing their attention; they
tend to concentrate on only a few critical tasks at any given time, letting the
other tasks slip. These drivers frequently demonstrate symptoms that police are
trained to look for, such as slowed reactions, poor coordination, impaired
vision or impaired judgment. </span><o:p><span style="font-family: Arial;"> </span></o:p></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;">There are, in fact, more than 100 driving cues that may
indicate DUI behaviors, which fall into broader categories:</span></div>
<div class="normalCxSpMiddle" style="margin: 1em 0px 1em 0.5in; mso-add-space: auto; mso-list: l1 level1 lfo2; text-indent: -17.95pt;">
<!--[if !supportLists]--><span style="mso-list: Ignore;">●<span style="font-size-adjust: none; font-stretch: normal; font: 7pt/normal "Times New Roman";">
</span></span><!--[endif]-->Problems maintaining proper lane position</div>
<div class="normalCxSpMiddle" style="margin: 1em 0px 1em 0.5in; mso-add-space: auto; mso-list: l1 level1 lfo2; text-indent: -17.95pt;">
<!--[if !supportLists]--><span style="mso-list: Ignore;">●<span style="font-size-adjust: none; font-stretch: normal; font: 7pt/normal "Times New Roman";">
</span></span><!--[endif]-->Speed and braking problems</div>
<div class="normalCxSpMiddle" style="margin: 1em 0px 1em 0.5in; mso-add-space: auto; mso-list: l1 level1 lfo2; text-indent: -17.95pt;">
<!--[if !supportLists]--><span style="mso-list: Ignore;">●<span style="font-size-adjust: none; font-stretch: normal; font: 7pt/normal "Times New Roman";">
</span></span><!--[endif]-->Vigilance problems</div>
<div class="normalCxSpMiddle" style="margin: 1em 0px 1em 0.5in; mso-add-space: auto; mso-list: l1 level1 lfo2; text-indent: -17.95pt;">
<!--[if !supportLists]--><span style="mso-list: Ignore;">●<span style="font-size-adjust: none; font-stretch: normal; font: 7pt/normal "Times New Roman";">
</span></span><!--[endif]-->Judgment problems </div>
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;">Thus, police officers in phase one will be observing the
vehicle to see if the driver exhibits behaviors like committing a moving
traffic violation, swerving or weaving in a lane or across lanes, turning with
an unusually wide radius, or driving at an unusually slow speed or with varying
speeds. </span><o:p><span style="font-family: Arial;"> </span></o:p></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;">The NHTSA standards even suggest the possible level of alcohol
intoxication that these behaviors may indicate:</span></div>
<div class="normalCxSpMiddle" style="margin: 1em 0px 1em 0.5in; mso-add-space: auto; mso-list: l2 level1 lfo1; text-indent: -17.95pt;">
<!--[if !supportLists]--><span style="mso-list: Ignore;">●<span style="font-size-adjust: none; font-stretch: normal; font: 7pt/normal "Times New Roman";">
</span></span><!--[endif]-->Slowed reactions: blood alcohol concentration (BAC) of
0.03</div>
<div class="normalCxSpMiddle" style="margin: 1em 0px 1em 0.5in; mso-add-space: auto; mso-list: l2 level1 lfo1; text-indent: -17.95pt;">
<!--[if !supportLists]--><span style="mso-list: Ignore;">●<span style="font-size-adjust: none; font-stretch: normal; font: 7pt/normal "Times New Roman";">
</span></span><!--[endif]-->Impaired judgment: BAC of 0.05</div>
<div class="normalCxSpMiddle" style="margin: 1em 0px 1em 0.5in; mso-add-space: auto; mso-list: l2 level1 lfo1; text-indent: -17.95pt;">
<!--[if !supportLists]--><span style="mso-list: Ignore;">●<span style="font-size-adjust: none; font-stretch: normal; font: 7pt/normal "Times New Roman";">
</span></span><!--[endif]-->Impaired vision: BAC of 0.08</div>
<div class="normalCxSpMiddle" style="margin: 1em 0px 1em 0.5in; mso-add-space: auto; mso-list: l2 level1 lfo1; text-indent: -17.95pt;">
<!--[if !supportLists]--><span style="mso-list: Ignore;">●<span style="font-size-adjust: none; font-stretch: normal; font: 7pt/normal "Times New Roman";">
</span></span><!--[endif]-->Poor coordination: BAC of 0.10</div>
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;">Other things that police will look for include expired
registration tags or movement in the car indicating that the driver is drinking
something or otherwise taking drugs.</span><o:p><span style="font-family: Arial;"> </span></o:p></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;">The officer’s decision whether to move to the second phase --
stopping the vehicle and interacting with the driver -- can depend on the
severity of the impairment symptoms that he or she sees. Dangerous behaviors,
such as nearly striking other vehicles or objects or driving with one’s
headlights off at night will likely result in an immediate stop; less severe
behaviors, like driving slowly or drifting within a lane may lead the officer to
wait and see if the driver displays other symptoms.</span><o:p><span style="font-family: Arial;"> </span></o:p></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;">In a following post, we will consider phase two of the
three-phase process: the vehicle stop and the officer’s communication with the
driver.</span><o:p><span style="font-family: Arial;"> </span></o:p></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;">Every one of our </span><a href="http://www.okdui.com/#oklahoma-dui-laws"><span style="color: blue; font-family: Arial;">Oklahoma DUI Lawyers</span></a><span style="font-family: Arial;"> as well
as most of our support staff at the Hunsucker Legal Group are trained and
certified in NHTSA DWI Detection and Field Sobriety Testing.<span style="mso-spacerun: yes;"> </span>It is our goal that we will be better trained
and have more knowledge that the prosecutor and the police officer when we step
into a courtroom to protect our clients. <span style="mso-spacerun: yes;"> </span>For a frre consultation, please call
405-231-5600.</span></div>
Anonymoushttp://www.blogger.com/profile/01936565093869381722noreply@blogger.com0tag:blogger.com,1999:blog-7796177007480190264.post-6179196410654080682015-03-02T11:56:00.000-06:002015-03-02T11:56:02.207-06:00Field Sobriety Tests: How Reliable Are They?
<span style="font-family: Arial;">Aside from Intoxilyzer or blood tests, one of the commonly-used
means of Oklahoma police to assess whether an Oklahoma driver is under the
influence of drugs or alcohol are field sobriety tests. Officers typically have
a suspected drunk driver perform a battery of sobriety tests; failing one or
more of them can not only lead to an arrest for DUI, it can possibly also be
used by the prosecution as evidence at trial.</span><br />
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<o:p><span style="font-family: Arial;"> </span></o:p></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;">Field sobriety tests are not, however, foolproof as indicators
of intoxication. To begin with, they are limited in their evidentiary value.
None of these tests can be used as a correlation to a specific blood alcohol
content level, because they may only indicate intoxication (and not necessarily
alcohol intoxication). Moreover, even a test that may seem to suggest
intoxication might not hold up in court if reasonable doubt can be cast on the
way that police officer conducted it.</span></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<o:p><span style="font-family: Arial;"> </span></o:p></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;">Precision is key. Just as an Intoxilyzer must be properly
calibrated for its results to hold up in court, field sobriety tests must be
administered correctly to be valid. Even seemingly minor mistakes by the
officer during the testing can open the door to challenging the test results,
and a successful challenge can make the difference between a conviction for DUI
or an acquittal.</span></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<o:p><span style="font-family: Arial;"> </span></o:p></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;">The National Highway Transportation Safety Administration
(NHTSA) establishes the requirements to properly administer field sobriety
tests. These guidelines are quite precise; the inadvertent failure of a police
officer to follow them properly is a definite possibility.</span></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<o:p><span style="font-family: Arial;"> </span></o:p></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;">As one example, consider the “</span><a href="http://www.okdui.com/field.sobriety.tests/index_html#3"><span style="color: blue; font-family: Arial;">horizontal gaze
nystagmus</span></a><span style="font-family: Arial;">” test. This test involves instructing the test subject and then
having the test subject follow the track of a stimulus object, such as a
flashlight, with his or her eyes while holding still. In theory the test sounds
simple to administer, but there are several ways that the police officer can
commit errors that invalidate it.</span></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<o:p><span style="font-family: Arial;"> </span></o:p></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;">The test itself consists of four phases and 14 passes of the
stimulus object. The NHTSA requirements are specific on how the test subject is
to be positioned, how far from his or her nose the stimulus object should be
held, how quickly it should be moved, the maximum angle of deviation that
should be used, and the minimum time that should be spent conducting the test;
if it takes less than 86 seconds then it is suspect because the officer has
performed it too quickly, which in turn shows that one or more of the steps was
administered correctly.</span></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<o:p><span style="font-family: Arial;"> </span></o:p></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;">For anyone accused of DUI in Oklahoma based at least in part on
the results of field sobriety tests, what is important to know is that not only
is it imperative that the police officer who administered the test followed the
correct procedure with exactitude, it is also essential that the Oklahoma DUI
defense attorney also be intimately familiar with the details of the test
protocols. Only an </span><a href="http://www.okdui.com/"><span style="color: blue; font-family: Arial;">experienced DUI attorney</span></a><span style="font-family: Arial;">
who has carefully studied the NHTSA requirements for how a valid test should be
given will know what to look for when it comes to identifying ways in which the
officer may have made a mistake.<span style="mso-spacerun: yes;"> </span>The </span><a href="http://www.okdui.com/attorney.profiles/"><span style="color: blue; font-family: Arial;">DUI Attorneys</span></a><span style="font-family: Arial;"> at the
Hunsucker Legal Group have received the same field sobriety testing training as
the police officer on the street and are versed in defending Oklahoma drivers
accused of DUI or APC.<span style="mso-spacerun: yes;"> </span>Most often, they
know the Field Sobriety Manual better than the arresting officer.<span style="mso-spacerun: yes;"> </span></span></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<o:p><span style="font-family: Arial;"> John Hunsucker</span></o:p></div>
<div class="normal" style="margin: 0in 0in 0pt;">
<o:p><span style="font-family: Arial;"><a href="http://www.okdui.com/#oklahoma-dui-laws" target="_blank">Oklahoma DUI and APC Attorney</a></span></o:p></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<o:p><span style="font-family: Arial;"> </span></o:p></div>
Anonymoushttp://www.blogger.com/profile/01936565093869381722noreply@blogger.com0tag:blogger.com,1999:blog-7796177007480190264.post-8442179348305807352015-03-01T08:58:00.003-06:002015-03-01T08:58:36.494-06:00Good Article About Cost of Reinstating Oklahoma Driver's LicenseNice quote from me in today's Daily Oklahoman. Oklahoma Watch is doing a series about the high cost offenders face when getting out of prison and the author called me to discuss the cost of license reinstatement. You can't access it online through the Daily Oklahoman's website but the same story is on Oklahoma Watch's website. <a href="http://oklahomawatch.org/2015/02/23/for-released-offenders-a-steep-price-to-drive-again/">http://oklahomawatch.org/2015/02/23/for-released-offenders-a-steep-price-to-drive-again/</a><br />
<br />
John Hunsucker<br />
<a href="http://www.okdui.com/" target="_blank">Oklahoma DUI Lawyer</a>Anonymoushttp://www.blogger.com/profile/01936565093869381722noreply@blogger.com0tag:blogger.com,1999:blog-7796177007480190264.post-44955052440971802942015-02-23T14:27:00.000-06:002015-02-23T14:27:06.406-06:00Can the DUI Flyer Prevent Arrest?<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;">Can a piece of paper get you past an Oklahoma DUI sobriety
checkpoint?</span></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<o:p><span style="font-family: Arial;"> </span></o:p></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;">Anyone familiar with the game “Monopoly” – and many people who
are not – recognize the term, "get out of jail free card." The idea
of a quick and easy way out of a potentially complicated situation always has
an allure, in real life as well as in a game. In that vein, an attorney in
another state has devised a card that will supposedly allow drivers to get past
sobriety checkpoints without having to say a word, or in many cases even
rolling down their windows.</span></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<o:p><span style="font-family: Arial;"> </span></o:p></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;">DUI </span><a href="http://law.justia.com/cases/oklahoma/court-of-appeals-civil/1994/20275.html"><span style="color: #1155cc;"><span style="font-family: Arial;">Sobriety checkpoints</span></span></a><span style="font-family: Arial;"> are legal in the state of
Oklahoma. These checkpoints constitute an exception to the general rule that a
police officer must have probable cause to stop a driver for suspicion of drunk
driving, and are permissible as long as long as they meet the requirements of a
legal balancing test that weighs the individual’s rights against unreasonable
searches and seizures against the public interest in keeping the roads safe
from drunk drivers.</span></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<o:p><span style="font-family: Arial;"> </span></o:p></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;">Most of the time this balancing of the individual’s rights
against the broader public interest will not result in unjust arrests at a
sobriety checkpoint, and according to the web site for the attorney offering
the “</span><a href="http://www.news9.com/story/28129207/can-a-legal-loophole-get-you-through-dui-checkpoints"><span style="color: #1155cc;"><span style="font-family: Arial;">Fair DUI Flyer</span></span></a><span style="font-family: Arial;">” it is intended not so much for
drunk drivers as for “liberty activists” and people who are at risk of being
arrested for DUI (that is, people who have had one or more alcoholic beverages
or who have taken certain medicines or drugs before getting behind the wheel,
but who are still sober).</span></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<o:p><span style="font-family: Arial;"> </span></o:p></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;">Basically, the idea is to hold up to the driver’s side window a
flyer specific to the state that the driver is in, along with documentation
such as a driver’s license, vehicle registration and proof of current
insurance. The flyer’s reverse side has instructions for the driver, the most
important of which (and which applies to any state, including Oklahoma) is to
exercise his or her right to remain silent. Used correctly, the flyer’s issuer
claims that it will help to avoid needless arrests at sobriety checkpoints.</span></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<o:p><span style="font-family: Arial;"> </span></o:p></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;">At present, there appears to be no “Fair DUI Flyer” for use in
Oklahoma. And whether it is prudent to rely solely on a piece of paper to get
through a sobriety checkpoint can be subject to debate: police officers may
take the tactic as a challenge, or worse as antagonistic behavior, and neither
of those approaches is ordinarily advisable as they can lead to more aggressive
conduct on the part of the police.</span></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<o:p><span style="font-family: Arial;"> </span></o:p></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;">Still, aside from not talking unnecessarily, some of the advice
found on the flyers can be helpful no matter where you are, such as obeying
lawful orders that a police officer gives you, and to never physically resist
the police. In Oklahoma, the police have the right to ask you to step out of the vehicle.</span></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<o:p><span style="font-family: Arial;"> </span></o:p></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial;">If you want to learn more about DUI stops in general, our </span><a href="http://www.okdui.com/dui.faq/index_html"><span style="color: #1155cc;"><span style="font-family: Arial;">Oklahoma
DUI Defense Website</span></span></a><span style="font-family: Arial;"> contains a wealth of free information for you,
including ways to contact us if you have specific questions or need to schedule
an appointment for an initial consultation.</span></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<o:p><span style="font-family: Arial;"> </span></o:p></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<o:p><span style="font-family: Arial;"> </span></o:p></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<a href="http://fairdui.org/flyer/"><span style="color: #1155cc;"><span style="font-family: Arial;">http://fairdui.org/flyer/</span></span></a></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<o:p><span style="font-family: Arial;"> </span></o:p></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<a href="http://law.justia.com/cases/oklahoma/court-of-appeals-civil/1994/20275.html"><span style="color: #1155cc;"><span style="font-family: Arial;">http://law.justia.com/cases/oklahoma/court-of-appeals-civil/1994/20275.html</span></span></a></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<o:p><span style="font-family: Arial;"> </span></o:p></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<a href="http://www.okdui.com/dui.faq/index_html"><span style="color: #1155cc;"><span style="font-family: Arial;">http://www.okdui.com/dui.faq/index_html</span></span></a></div>
<br />
<div class="normal" style="margin: 0in 0in 0pt;">
<o:p><span style="font-family: Arial;"> </span></o:p></div>
John Hunsucker<br />
<a href="http://www.okdui.com/">Oklahoma DUI Attorney</a><br />
<br />
<a href="http://oklahoma-criminal-defense-lawyer.com/">Oklahoma Criminal Defense Lawyers</a>Anonymoushttp://www.blogger.com/profile/01936565093869381722noreply@blogger.com0tag:blogger.com,1999:blog-7796177007480190264.post-37698972750323269772015-01-30T14:46:00.000-06:002015-01-30T14:46:00.220-06:00Fine line between presenting evidence and being inflammatoryInteresting article today in the American Bar Association Journal about the prosecutor's use of 250 powerpoint slides in his closing. The Washington Supreme Court overturned the conviction stating the presentation amounted to “egregious misconduct” during the trial of Odies Walker.<br />
<br />
The powerpoint presentation included over one hundred slides with the caption “defendant Walker guilty of premeditated murder.” <br />
<br />
“Closing argument provides an opportunity to draw the jury’s attention to the evidence presented, but it does not give a prosecutor the right to present altered versions of admitted evidence to support the state’s theory of the case, to present derogatory depictions of the defendant, or to express personal opinions on the defendant’s guilt,” the opinion said.<br />
<br />
What is interesting is the quote from the prosecutor stating that the evidence was overwhelming and that he plans on asking the US Supreme Court to review. If the evidence was overwhelming...why was it necessary to resort to this type of prosecutorial misconduct? The evidence should speak for itself. The other issue is that this prosecutor just doesn't get it. It doesn't matter if the guilt is overwhelming...he still has to do his job correctly and ethically. The ends DO NOT justify the means if the result is an erosion of our judicial system to the point that we do not need evidence...just the prosecutor's opinion.<br />
<br />
Here is link to the article:<br />
<br />
<a href="http://www.abajournal.com/news/article/prosecutors_powerpoint_closing_leads_to_overturned_conviction/?utm_campaign=weekly_email&utm_source=maestro&utm_medium=email&job_id=150128BZ">http://www.abajournal.com/news/article/prosecutors_powerpoint_closing_leads_to_overturned_conviction/?utm_campaign=weekly_email&utm_source=maestro&utm_medium=email&job_id=150128BZ</a><br />
<br />Anonymoushttp://www.blogger.com/profile/01936565093869381722noreply@blogger.com0tag:blogger.com,1999:blog-7796177007480190264.post-4665448336458714742015-01-08T15:31:00.001-06:002015-01-08T15:31:16.436-06:00Great wins today for Hunsucker Legal Group<div class="text_exposed_root text_exposed" id="id_54aef6e7a3c1b6774288469">
<span class="userContent" data-ft="{"tn":"K"}">The Hunsucker Legal Group had a great day today. Nicholas Lee had a fantastic win with a complete dismissal of a DUI charge against our client. Client was arrested after driving out of the jurisdiction of the police officer. State argued "fresh pursuit doctrine" applied to misdemeanors. We argued it only applies to felonies and the Judge agreed with us. This is a case where we had already won<span class="text_exposed_hide">...</span><span class="text_exposed_show"> the client's license back at the DPS level. This means that the client did not have to pay any court fees or any license related fees.<br /><br /> Douglas Baxter was able to get a bond reduction today in a case where the bond was set at a half million dollars. Doug was successful in getting reduced to $75,000 which should allow client to make bond.<br /><br /> Our Driver's License Attorney,Brian Morton, only had one HLG hearing today at the Department of Public Safety. After Brian's cross examination, it was clear that they were lacking a necessary witness so the case was set aside which will result in our client receiving her license back.<br /><br /> The Hunsucker Legal Group takes pride in having the best DUI Defense lawyers in the state and we strive for these results on a daily basis for every one of our clients. Visit <a href="http://www.okdui.com/" rel="nofollow nofollow" target="_blank">www.OKDUI.com</a> for more information.</span></span></div>
Anonymoushttp://www.blogger.com/profile/01936565093869381722noreply@blogger.com0tag:blogger.com,1999:blog-7796177007480190264.post-64960312997231344652015-01-08T14:47:00.000-06:002015-01-08T14:47:14.226-06:00Nice Win for Nick LeeOur Senior Associate Nicholas Lee had a nice win for our client today. HLG was representing a Colorado citizen that was arrested for DUI in Woodward, OK. After we obtained the patrol video of the stop as well as the other discovery, Nick sent the video to the prosecutor asking for outright dismissal as we didn't think there was probable cause to arrest our client for a DUI. The prosecutor didn't agree and basically told us to take the deal or go to trial. Preparing for trial, Nick asked for a evidentiary hearing on the stop so we could argue for the case to be dismissed for lack of probable cause for arrest. <br />
<br />
<br />
Today, Nick shows up ready and armed with the video and case law for the motion hearings. After further discussions and review, the prosecutor dismissed the DUI against our client. Congrats to Nick and our client.<br />
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This case involved the use of a portable breath testing device and Field Sobriety Tests of which Nick has received extensive training in the use (or more commonly, the misuse) of these testing devices.Anonymoushttp://www.blogger.com/profile/01936565093869381722noreply@blogger.com0tag:blogger.com,1999:blog-7796177007480190264.post-40557600222747610832014-11-05T15:11:00.003-06:002014-11-05T15:11:47.754-06:00Police Unions complain about new technologyWe give you a gun and a badge along with the authority to place people in jail and you complain that technology that makes sure you are following the law while on duty and holding you accountable is "intrusive". Employers have the right to know what their employees are doing on the clock and also how their company vehicles and other equipment is being used. Why is it any different just because you are a police officer?<br />
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<br />
<a href="http://thefreethoughtproject.com/police-reject-ford-cars-track-driving-habits-safety/" rel="nofollow" target="_blank">http://thefreethoughtproject.com/police-reject-ford-cars-track-driving-habits-safety/</a><br />
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John Hunsucker<br />
<a href="http://www.okdui.com/">Oklahoma DUI Attorney</a>Anonymoushttp://www.blogger.com/profile/01936565093869381722noreply@blogger.com1tag:blogger.com,1999:blog-7796177007480190264.post-52210840670747443802013-08-05T10:52:00.000-05:002013-08-05T10:52:00.482-05:00<h1 style="border: 0px currentColor; color: #181818; font-family: georgia; font-size-adjust: inherit; font-size: 1.5em !important; font-stretch: inherit; font-style: inherit; font-variant: inherit; font-weight: 100 !important; line-height: 1.3em !important; margin-bottom: 5px !important; margin-left: 0px; margin-right: 0px; margin-top: 0px; padding: 0px; vertical-align: baseline;">
Tampa DUI unit reorganized after arrest scandal</h1>
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"By putting [DUI officers] out into the districts and having more oversight and more accountability, it will prevent a lapse in judgment by a single supervisor from negatively impacting the entire department or the unit," Police Chief Jane Castor said.</div>
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By <a href="mailto:esilvestrini@tampatrib.com" style="border: 0px currentColor; color: #333333; font-size-adjust: inherit; font-stretch: inherit; font: inherit; margin: 0px; outline: 0px; padding: 0px; text-decoration: none !important; vertical-align: baseline;" target="_blank">Elaine Silvestrini | Tribune Staff</a><br />Published: August 1, 2013</div>
<u></u>TAMPA - Responding to a scandal that started as a battle between two shock jocks and has now grown into allegations of official corruption, Police Chief Jane Castor <span class="aBn" data-term="goog_575390302" tabindex="0"><span class="aQJ">on Thursday</span></span> announced the department's DUI unit will be reorganized to allow more scrutiny.<br /><br /><br /><u></u>Currently centrally located, the 12 officers of the department's DUI unit will be distributed among its three districts, Castor said. The change will take effect <span class="aBn" data-term="goog_575390303" tabindex="0"><span class="aQJ">Sunday</span></span>.<br /><br /><br /><u></u>"By putting them out into the districts and having more oversight and more accountability, it will prevent a lapse in judgment by a single supervisor from negatively impacting the entire department or the unit," Castor said.<br /><br /><br /><u></u>The chief made the announcement after lawyer John Fitzgibbons called a news conference to say he wants Mayor Bob Buckhorn to appoint a special counsel to investigate the DUI unit.<br /><br /><br /><u></u>Fitzgibbons represents Charles Philip Campbell, a lawyer whose charge was dismissed <span class="aBn" data-term="goog_575390304" tabindex="0"><span class="aQJ">on Monday</span></span> after a special investigation by the State Attorney's Office concluded there was too much evidence he had been set up.<br /><br /><br /><u></u>"I strongly encourage Mayor Buckhorn to address this issue immediately," Fitzgibbons said at a news conference in his downtown office. "It is now a scandal that is festering. We have virtually nothing from the Tampa Police Department explaining what happened that night and, perhaps even more importantly, what steps are they taking to prohibit this from happening again."<br /><br /><br /><u></u>Campbell was arrested in the middle of a high-profile civil trial in January when he represented radio shock jock Todd "MJ" Schnitt, who was accusing fellow disc jockey Bubba the Love Sponge Clem of defamation.<br /><br /><br /><u></u>After an investigation, Pinellas State Attorney Bernie McCabe concluded Clem's lawyers and employees of that firm colluded with Tampa police to entrap Campbell, who was persuaded to drive a car being used by a paralegal who was working for Adams and Diaco, the firm that represented Clem.<br /><br /><br /><u></u>"There shouldn't be any dispute after reading this investigation," Fitzgibbons said. "This thing stinks."<br /><br /><br /><u></u>Contacted after Castor's announcement, Fitzgibbons was unimpressed with the police chief's planned reorganization of the DUI unit. "You can move officers around on an organizational chart all day every day but it does not answer the question of why did this scandal occur, what are the details of the scandal and is the Tampa police Department going to take any disciplinary action against anybody for this scandal."<br /><br /><br /><u></u>According to McCabe's investigation of Campbell's arrest, an attorney at Adams and Diaco, Adam Filthaut, was a close friend of Sgt. Raymond Fernandez, who oversaw the DUI unit. The men's wives have been best friends since high school and Filthaut is the godfather of one of Fernandez' children. The night of Campbell's arrest by Fernandez and Officer Tim McGinnis, Fernandez and Filthaut exchanged 92 text messages.<br /><br /><br /><u></u>Castor said Fitzgibbons raised "several valid points" in a letter Fitzgibbons wrote to Buckhorn asking for an investigation. The chief said she was particularly distressed by the number of text messages between Fernandez and Filthaut. "I was told at the beginning that there were a few texts shared between Ray and the tipster," she said. "When I found out it was 92, to say the least, I was a little upset."<br /><br /><br /><u></u>At the same time, she said, Fernandez "deserves and will receive due process just like any other citizen." Although he has been removed from the DUI unit, he is now working in the special operations unit and has not been punished, Castor said. She said she will decide what to do after the FBI fully investigates what happened.<br /><br /><br /><u></u>Fitzgibbons said refusing to answer questions because of the FBI investigation is "just a delay tactic and an excuse by the city of Tampa police department not to answer the hard questions.''<br /><br /><br /><u></u>Fitzgibbons said a special counsel should investigate not only what happened to Campbell but should review the activities of the DUI unit of the police department, including a focus on whether officers have quotas for DUI arrests.<br /><br /><br /><u></u>Castor denied the department has DUI arrest quotas, although she said the department does uses a "performance matrix" to hold officers to high standards. "There is no doubt that proactive DUI enforcement prevents crashes and saves lives," she said.<br /><br /><br /><u></u>Fitzgibbons said citizens should be concerned about the events surrounding Campbell's <span class="aBn" data-term="goog_575390305" tabindex="0"><span class="aQJ">Jan. 23</span></span> arrest, which he called "disgusting," "disgraceful," "scandalous" and "atrocious."<br /><br /><br /><u></u>"If this could happen to somebody like Phil Campbell, it could happen to anybody," he said, "somebody going through a divorce - your soon-to-be-ex spouse could have a friend on the police department to set you up and impact child custody issues; you could be in a business dispute with someone, and your opponent has a friend on the Tampa Police department to set you up with an arrest. It never ends.''<br /><br /><br /><u></u>Castor said, "We do have policies that officers are not allowed to use their position to intervene or handle personal issues or issues for friends or relatives." The chief had previously said Fernandez used bad judgment in not removing himself from the case.<br /><br /><br /><u></u>Fitzgibbons wrote Buckhorn a letter asking him to appoint as special counsel a lawyer with a background as a former federal prosecutor with experience investigating corruption. He suggested the counsel be given 120 days to report to the mayor and citizens how to prevent a scandal like this from happening again.<br /><br /><br /><u></u>Buckhorn was out of town and could not be reached for comment. But Castor said she doesn't think a special counsel is necessary because the FBI is already conducting a thorough investigation.<br />
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<br />Anonymoushttp://www.blogger.com/profile/01936565093869381722noreply@blogger.com0tag:blogger.com,1999:blog-7796177007480190264.post-24287990359946048452013-07-08T10:15:00.000-05:002013-07-08T10:15:39.743-05:00Compelling video on police abusing DUI checkpointsAs a citizen and as an Oklahoma DUI lawyer, I have always been troubled by our Courts allowing police officers to set up random checkpoints. Although there are some safe guards in place, the police officers know how to get around the safe guards to violate citizens' rights.<br />
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In the last checkpoint case we had, our client decided to avoid the checkpoint (his absolute constitutional right to do) by pulling into a parking lot and turning around. The Oklahoma County Deputy stopped our client for avoiding the checkpoint. That is what was written on the affidavit. In court, the deputy then added that my client stopped for "less than five seconds" in the roadway before making the turn and that was his justification for the stop.<br />
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This last fourth of July, a young man was stopped at a roadblock in Tennessee and had the good sense to turn on his video recorder. It is an interesting watch as you can see how the police quickly overstep their bounds just because the man desired to not give up his constitutional freedoms.<br />
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<a href="http://now.msn.com/dui-checkpoint-video-confrontation-in-tennessee">http://now.msn.com/dui-checkpoint-video-confrontation-in-tennessee</a><br />
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John Hunsucker<br />
<a href="http://www.okdui.com/">Oklahoma DUI Lawyer</a>Anonymoushttp://www.blogger.com/profile/01936565093869381722noreply@blogger.com1tag:blogger.com,1999:blog-7796177007480190264.post-36196646515739213962012-02-15T17:08:00.003-06:002012-02-15T17:14:58.559-06:00WHY EVERY POLICE CAR SHOULD HAVE VIDEOThe link below speaks for itself. A man in a diabetic coma is <span id="SPELLING_ERROR_0" class="blsp-spelling-corrected">taken</span> from his car at <span id="SPELLING_ERROR_1" class="blsp-spelling-corrected">gunpoint---</span> kicked, beaten <span id="SPELLING_ERROR_2" class="blsp-spelling-corrected">and</span> kneed by 5-6 police officers. when <span id="SPELLING_ERROR_3" class="blsp-spelling-error">they</span> <span id="SPELLING_ERROR_4" class="blsp-spelling-corrected">finally</span> realize he is facing a medical crisis they call for medical help, then <span id="SPELLING_ERROR_5" class="blsp-spelling-error">release</span> him saying 'sorry for beating you up'... The agencies have paid <span id="SPELLING_ERROR_6" class="blsp-spelling-corrected">several</span> <span id="SPELLING_ERROR_7" class="blsp-spelling-corrected">hundred</span> <span id="SPELLING_ERROR_8" class="blsp-spelling-corrected">thousand</span> dollars in <span id="SPELLING_ERROR_9" class="blsp-spelling-corrected">settlement</span> of suits and<br />not <span id="SPELLING_ERROR_10" class="blsp-spelling-corrected">surprisingly</span> <em>none <span id="SPELLING_ERROR_11" class="blsp-spelling-corrected">of</span> the officers have been <span id="SPELLING_ERROR_12" class="blsp-spelling-error">disciplined</span></em>.watch for yourself.<br /><br /><a href="http://www.lvrj.com/news/video-shows-officers-beating-motorist-in-diabetic-shock-138901274.html">http://www.lvrj.com/news/video-shows-officers-beating-motorist-in-diabetic-shock-138901274.html</a>Bruce Edgehttp://www.blogger.com/profile/03292602066778131787noreply@blogger.com1tag:blogger.com,1999:blog-7796177007480190264.post-30108394354278096222012-02-03T15:44:00.001-06:002012-02-03T15:45:42.703-06:00Big Boobs Hinders DUI Tests<a href="http://www.wptv.com/dpp/news/region_st_lucie_county/port_st_lucie/psl-woman-maureen-raymond-says-her-big-breasts-hindered-her-dui-test-performance-affidavit-states">http://www.wptv.com/dpp/news/region_st_lucie_county/port_st_lucie/psl-woman-maureen-raymond-says-her-big-breasts-hindered-her-dui-test-performance-affidavit-states</a>PORT ST. LUCIE, Fla. -- A Port St. Lucie woman who said her big breasts hindered her ability to perform field sobriety tests was arrested on a DUI charge after starting to dance and disrobe, according to recently released records.During one of the tests, Maureen Raymond, 49, told a Martin County Sheriff's deputy she couldn't follow his instructions, saying "hell no not with these . . . not with her big boobies," an arrest affidavit states.The case that landed Raymond behind bars began around 9:20 p.m. Jan. 29 when a deputy went to a reckless vehicle call in the area of U.S. 1 and Jensen Beach Boulevard.A deputy spotted a Toyota Camry exceeding the speed limit and crossing the double yellow lines. The Toyota stopped in a Walgreens parking lot. A deputy "detected the odor of an alcoholic beverage about" Raymond, the driver, and found a glass that smelled of booze.When another deputy said they were going to perform roadside tasks, Raymond told the deputy he "needed to understand that she is big chested," saying big bosoms make balancing difficult. Asked if she had any injuries, Raymond said she had big breasts and whiplash.During one test she started to dance."I asked her if she wanted to attempt the task and she stated if I hold her hand," an affidavit states. "I asked her again if she would like to attempt the task and she stated not really because she has big breasts."The deputy told her to keep her hands by her side and "she stated hell no not with these. Telling me again she can't do it, not with her big boobies."The affidavit did not specify a size for Raymond's breasts or even give a ballpark estimate.The deputy later stopped her when she started taking off her clothes to display her bosoms.It wasn't clear whether large breasts could be cited as part of a DUI case defense or whether case law supports such a contention.At the jail, a deputy asked Raymond if she'd take a breath test, which measures blood alcohol content."She told me she was praying and that I need to relax because she is praying and God is first," the affidavit states.Raymond, of the 2600 block of Southeast Gowin Drive in Port St. Lucie, ended up not giving a legit breath sample.Read more: <a href="http://www.wptv.com/dpp/news/region_st_lucie_county/port_st_lucie/psl-woman-maureen-raymond-says-her-big-breasts-hindered-her-dui-test-performance-affidavit-states#ixzz1lLHxCOBR">http://www.wptv.com/dpp/news/region_st_lucie_county/port_st_lucie/psl-woman-maureen-raymond-says-her-big-breasts-hindered-her-dui-test-performance-affidavit-states#ixzz1lLHxCOBR</a><br /><br />John Hunsucker<br /><a href="http://www.okdui.com/">Oklahoma DUI Attorney</a>Anonymoushttp://www.blogger.com/profile/01936565093869381722noreply@blogger.com0tag:blogger.com,1999:blog-7796177007480190264.post-83165435844190986452011-12-05T14:50:00.003-06:002011-12-05T15:12:31.334-06:00Another Government DUI ArrestThe administrator of the FAA, Randy Babbitt, was arrested by Fairfax County police and charged with driving while intoxicated. Babbitt was seen driving on the wrong side of the road and was pulled over at approximately 1030 at night. He was alone in the car at the time. After being taken to a local jail, he was released on a personal recognizance bond. Babbitt flew 25 years for Eastern Airlines and was sworn in to lead the FAA on June 1, 2009.<br /><br />The FAA is responsible for enforcing pilot certification and is the agency requires pilots and airmen to report all alcohol related arrests.<br /><br />John Hunsucker<br />Oklahoma <a href="http://www.okdui.com/">DUI</a> AttorneyAnonymoushttp://www.blogger.com/profile/01936565093869381722noreply@blogger.com0tag:blogger.com,1999:blog-7796177007480190264.post-8366767933788323232011-11-30T12:34:00.006-06:002011-11-30T12:46:29.339-06:00Oklahoma Reckless Driving TicketOklahoma 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. <br /><br />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, <span id="SPELLING_ERROR_0" class="blsp-spelling-corrected">there</span> 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.<br /><br />John <span id="SPELLING_ERROR_1" class="blsp-spelling-error">Hunsucker</span><br /><a href="http://www.okdui.com/">Oklahoma DUI</a><br /><br />Bruce Edge<br /><a href="http://www.edgelawfirm.com/">Tulsa DUI</a>Anonymoushttp://www.blogger.com/profile/01936565093869381722noreply@blogger.com3tag:blogger.com,1999:blog-7796177007480190264.post-62750498060938524052011-11-23T14:48:00.005-06:002011-11-23T15:00:25.822-06:00Avoid an Oklahoma DUI ArrestOnce again, in an attempt to reduce the number of Oklahoma DUI arrests, AAA Oklahoma is offering their <a href="http://www.aaaoklahoma.com/news/articles/aaaofferingtipsytowforlaborday.htm">Tipsy Tow</a> 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.<br /><br />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.<br /><br />This free service is a great way to avoid the stiff <a href="http://www.okdui.com/ok.dui.penalties">Oklahoma DUI penalties</a> 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.<br /><br />John Hunsucker<br /><a href="http://www.okdui.com/">Oklahoma DUI Defense Lawyer</a><br /><br />Bruce Edge<br /><a href="http://www.edgelawfirm.com/">Tulsa DUI Defense Lawyer</a>Anonymoushttp://www.blogger.com/profile/01936565093869381722noreply@blogger.com1tag:blogger.com,1999:blog-7796177007480190264.post-66722222498421558192011-11-23T11:35:00.003-06:002011-11-23T14:35:28.178-06:00What Not To Do When Being Stopped For DUI, Part ThreeA 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.<br /><br />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.<br /><br />An <a href="http://www.okdui.com/dui.faq/index_html">Oklahoma DUI</a> 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.<br /><br />John Hunsucker<br /><a href="http://www.okdui.com/">Oklahoma DUI Defense</a><br /><br />Bruce Edge<br /><a href="http://www.edgelawfirm.com/">Tulsa DUI Defense</a>Anonymoushttp://www.blogger.com/profile/01936565093869381722noreply@blogger.com0tag:blogger.com,1999:blog-7796177007480190264.post-71546017012790661602011-11-22T15:21:00.003-06:002011-11-22T15:43:05.828-06:00What Not To Do When Being Stopped For DUI, Part TwoAn 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 <a href="http://www.okdui.com/ok.dui.penalties">Actual Physical Control</a> of a Motor Vehicle While Under the Influence of Alcohol. <br /><br />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.<br /><br />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.<br /><br />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.<br /><br />John Hunsucker<br /><a href="http://www.okdui.com/attorney.profiles/">Oklahoma DUI Lawyer</a><br /><br />Bruce Edge<br /><a href="http://www.edgelawfirm.com/">Tulsa DUI Attorney</a>Anonymoushttp://www.blogger.com/profile/01936565093869381722noreply@blogger.com0tag:blogger.com,1999:blog-7796177007480190264.post-40292184516089884132011-11-21T14:39:00.005-06:002011-11-21T15:00:56.083-06:00What Not To Do When Being Stopped For DUIYou 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.<br /><br />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.<br /><br />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.<br /><br />If you are being arrested for a first time Oklahoma <a href="http://www.okdui.com/ok.dui.information">DUI</a> 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. <br /><br />If you have been arrested for an Oklahoma DUI, then hire an experienced DUI attorney to protect you, your future, and your license. <br /><br />John Hunsucker<br /><a href="http://www.blogger.com/www.okdui.com">Oklahoma City DUI Attorney</a><br /><br />Bruce Edge<br /><a href="http://www.blogger.com/www.edgelawfirm.com">Tulsa DUI Attorney</a>Anonymoushttp://www.blogger.com/profile/01936565093869381722noreply@blogger.com0tag:blogger.com,1999:blog-7796177007480190264.post-20283518990792906992011-11-18T15:40:00.005-06:002011-11-18T15:59:50.439-06:00Oklahoma DUI Checkpoints This WeekendOklahoma 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 <a href="http://www.okdui.com/ok.dui.penalties">DUI</a>.<br /><br />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.<br /><br />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.<br /><br />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 <a href="http://www.okdui.com/calculate.your.bac/index_html">breath calculator</a>.<br /><br />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.<br /><br />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.<br /><br />John Hunsucker<br /><a href="http://www.okdui.com/">Oklahoma DUI Lawyer</a><br /><br />Bruce Edge<br /><a href="http://www.edgelawfirm.com/">Tulsa DUI Attorney</a>Anonymoushttp://www.blogger.com/profile/01936565093869381722noreply@blogger.com0