Oklahoma DUI

Another Government DUI Arrest

2011-12-05T14:50:00.003-06:00

The 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.

The FAA is responsible for enforcing pilot certification and is the agency requires pilots and airmen to report all alcohol related arrests.

John Hunsucker
Oklahoma DUI Attorney

Oklahoma Reckless Driving Ticket

2011-11-30T12:34:00.006-06:00

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

Avoid an Oklahoma DUI Arrest

2011-11-23T14:48:00.005-06:00

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

2011-11-23T11:35:00.003-06:00

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

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

2011-11-22T15:21:00.003-06:00

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

What Not To Do When Being Stopped For DUI

2011-11-21T14:39:00.005-06:00

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

Oklahoma DUI Checkpoints This Weekend

2011-11-18T15:40:00.005-06:00

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

More DUI Arrests Coming

2011-11-16T14:36:00.006-06:00

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

Thank you to our Veterans

2011-11-11T11:49:00.003-06:00

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

Another Cop arrested for DUI and refuses breath test

2011-10-30T16:25:00.006-05:00

I always find it interesting when a police officer is arrested for DUI or APC and they refuse to take a breathalyzer or intoxilyzer test. Although it is not known what type of intoxilyzer test was offered to the Florida State Trooper arrested for driving under the influence, Florida has had issues with the Intoxilyzer 8000. The Intoxilyzer 8000 is the same breath testing device Oklahoma uses to test suspected Oklahoma DUI drivers.

In this case, a Florida Highway Patrol trooper named John Wilcox was arrested by Naples police Wednesday for DUI. The trooper was subsequently fired by the FHP on the same day. It is unclear if the DUI charge was the sole reason has this trooper has had previous difficulties with the law and previous complaints. According to the police report, Naples police pulled over a white truck after a witness reported that the truck struck a tree. Witnesses said several occupants got out, inspected the damage, and then drove away. Wilcox was driving the truck with two other passengers when officers stopped the truck which lead to the DUI arrest. Wilcox admitted to drinking but denied he was behind the wheel when it hit the tree. The Naples officer noting in his report that he knew Wilcox, said there was a strong odor of alcohol of alcoholic beverage from his breath. Wilcox submitted to the field sobriety tests, but refused a breath test, the report said.

John

John Hunsucker
Oklahoma City DUI Lawyer

Bruce Edge
Tulsa DUI Lawyer

Oklahoma DUI: Norman, Oklahoma DUI Checkpoint

2011-09-07T14:53:00.000-05:00

Oklahoma DUI: Norman, Oklahoma DUI Checkpoint

Norman, Oklahoma DUI Checkpoint

2011-09-07T14:42:00.003-05:00

Norman Police Department conducted a DUI checkpoint/ DUI roadblock this last weekend. The roadblock lasted four hours and started Friday night at 11 pm. The results of the roadblock were five arrests for DUIs out of 565 cars checked. That means a minimum of 560 people were seized and detain for doing nothing more than driving their car through the intersection of Wylie Road and West Lindsey Street.

Is this a good use of manpower for 5 DUI arrests. How many officers were involved? If all the officers were at the roadblock, who was covering the rest of the city? How many officers were brought in for overtime?

Wouldn't it make more sense to use these officers to patrol the streets looking for drivers who are actually driving in a manner that indicates they may be under the influence of alcohol or potentially driving drunk? This would be a better use of manpower and would provide for city wide enforcement to prevent DUI drivers. Most importantly, the rivers and passengers in the 560 other vehicles would not have had their evening interrupted by russian style police tactics.

OHp Refuses To release Dash Cam Video

2011-08-24T11:03:00.001-05:00

The Oklahoma Highway Patrol stated last week that they will not release the dash cam video from the Trooper's car that is now charged with rape. OHP claims that to do so could influence the criminal case against the defendant and they do not want to set a precedent that is unprofessional and irresponsible. OHP also stated that they have a duty to presserve and protect the evidence.

OHP has previously released videos when there are car chases or other incurrences that make the Patrol look good but if it makes the Patrol look bad...then we get this whitewashing statement about protecting evidence. Here is my letter to the Editor that was printed in today's Daily Oklahoman:

Subject: Letter to Editor_OHP Video Release

Dear Editor:

OHP's Aug. 19. 2011 statement wherein OHP justifies not releasing the dash cam video from the trooper's car alleged of sexual misconduct is extremely hypocritical. OHP states that every citizen accused of a crime has the right to expect the law enforcement agency preserve and safeguard the evidence and that 'haphazardly releasing evidence that could influence the outcome of a criminal case would be irresponsible and unprofessional -- this is not a precedent that the department is willing to establish."

Complete hogwash! Flashback to January 2011 when this same trooper used his car to force a suspected DUI driver into stopping on the Belle Isle bridge before entering a construction zone. Even though the suspected DUI driver was charged with several crimes and should have been afforded the same courtesy of not releasing the dash cam video haphazardly to avoid influencing the suspected DUI driver's criminal case,OHP released the video immediately after the incident. So much for irresponsible and unprofessional.

OHP's claims that they want to preserve evidence is almost as incredulous. As a DUI defense lawyer, we request OHP videos in every case. Although the report written by the trooper will state that the video was booked into evidence, I have many cases where when we request the video through court ordered subpoenas-- the response is that there is no video recording. I have asked troopers under oath whether they made a video recording of the stop and even though they testify yes, OHP's response is still that there is no video. So much for preserving evidence.

John Hunsucker

One North Hudson Ave, Ste 700

Oklahoma City, Oklahoma 73102

405-231-5600

.

Police Officer is Arrested Pulling DARE Trailer

2011-08-01T10:16:00.002-05:00

School Resource Officer is arrested after DUI accident while pulling DARE trailer. Cops are not super human or above the law. Their opinions, testimony and actions are no different than any other citizen walking the streets.

http://www.wave3.com/story/15170315/cop-pulling-dare-trailer-charged-with-dui

Bruce Edge
Board Certified DUI Defense,
National College DUI Defense according to ABA guidelines
201 W. 5TH Street, Suite 550
Tulsa, OK 74103
918-582-6333
877-DUI-EDGE
http://www.edgelawfirm.com/

John Hunsucker
Hunsucker Legal Group
One North Hudson Avenue, Suite 700
Oklahoma City, Oklahoma 73102
405-231-5600
www.OKDUI.com

DUI Police Officer LIES in court--sent to jail

2011-05-04T10:10:00.002-05:00

Police officer lies under oath and is sent to jail.
Officers are human and their testimony should be treated the same as any other witness, not given extra weight. This may be similar to other cases where the officer “enhanced” evidence in a DUI case so he could get more overtime from testifying. When there is a financial incentive involved, the testimony should be subjected to extreme scrutiny.

In this age of reduced privacy why shouldn’t every officer have a camera in his car? We have them at traffic intersections and the technology has been around for years. Yet many agencies do not equip their cars with a device which can protect the officer from unjustified claims and offer actual proof of events. It is expedient for the courts to expect a jury to simply “trust the police” they have no reason to lie---yet we have seen they are times that they do……..

http://wap.wsoctv.com/wap/news/text.jsp?sid=37&nid=47623714&cid=366&scid=-1&ith=3&title=Local+News

Bruce Edge
Board Certified DUI Defense,
National College DUI Defense according to ABA guidelines
201 W. 5TH Street, Suite 550
Tulsa, OK 74103
918-582-6333
877-DUI-EDGE
www.EdgeLawFirm.com

John Hunsucker
Hunsucker Legal Group
One North Hudson Avenue, Suite 700
Oklahoma City, Oklahoma 73102
405-231-5600,
www.OKDUI.com

TOO OLD FOR FIELD SOBRIETY TEST

2011-04-22T14:12:00.002-05:00

PULASKI TOWNSHIP, Pa. -- A Lawrence County judge has dismissed a drunken driving case against an Ohio woman, ruling she was too old to take a field sobriety test.

Danniel Weaver, of Youngstown, was 59 when she was cited for DUI following an accident on Route 422 in Pulaski Township in February 2010.

According to court records, a police officer asked Weaver to perform four field sobriety tests. She passed three of them, but failed a test requiring her to stand on one leg.

Team 4 investigator Paul Van Osdol reported that the National Highway Traffic Safety Administration says the one-leg-stand test should not be done on persons over 60.

"The feeling is, if you get to a certain age, that's just not the same kind of indicator of intoxication as it was when you were younger," said John Burkoff, a professor at the University of Pittsburgh School of Law.

In his ruling on the case, Common Pleas Judge Dominick Motto wrote: "Since the tests were not designed for persons above the age of 60, and Ms. Weaver was 59 at the time, and she had just been in a violent automobile collision, the results of Ms. Weaver's single failed field sobriety test should be deemed unreliable."

The police officer also said Weaver had slightly slurred speech and her eyes were "a bit glassy" but the judge ruled that alone was not enough evidence to pursue the DUI case.

Burkoff said the judge's decision does not mean seniors are off the hook if they get behind the wheel, because they can still be given Breathalyzer or blood tests.

"The one impression you shouldn't get is that what the judge was doing was creating some kind of senior discount for DUIs," said Burkoff. "Doesn't exist."

A breath test that was done on Weaver was not submitted as evidence in her case. The reason for that is unclear.

Weaver told Van Osdol that she had no idea that the one-leg-stand test was improper for someone her age.

CAUTION:
AS WE HAVE STATED ON OUR WEB SITES, WE WOULD ALWAYS REFUSE THE FIELD SOBRIETY TESTS. IN OKLAHOMA THEY ARE STRICTLY VOLUNTARY AND ARE DESIGNED FOR FAILURE.

Bruce Edge
Board Certified DUI Defense,
National College DUI Defense according to ABA guidelines
201 W. 5TH Street, Suite 550
Tulsa, OK 74103
918-582-6333
877-DUI-EDGE
www.EdgeLawFirm.com

John Hunsucker
Hunsucker Legal Group
One North Hudson Avenue, Suite 700
Oklahoma City, Oklahoma 73102
405-231-5600,
www.OKDUI.com

JUDGE SHOWS HE IS NOT ABOVE THE LAW

2011-04-08T08:36:00.002-05:00

Drunk Judge, Wrapped in Bedsheet, Arrested in Hotel Hallway
By Adam Ramirez on April 6, 2011 5:47 AM | No TrackBacks

A Pennsylvania judge has landed on the other side of the law after police found him (sans robe or gavel) highly intoxicated, naked and wrapped in a bedsheet in a Cumberland County hotel.
Douglas Gummo, a magistrate judge in Huntingdon County, is charged with harassment, disorderly conduct and public drunkenness.
Police said they were called to the Radisson Penn Harris hotel in Camp Hill on April 1 after getting a call from another judge. Police said Gummo had met the other judge at a conference at the Radisson and he was trying to get into her room, WJAC-TV reports.
Gummo made quite a scene outside his fellow judge's hotel room. He really wanted to get in there. She really did not want him to come in.
Gummo was wearing only a bed sheet when he was taken into custody for repeatedly banging on the hotel door, police said, WGAL-TV reports.
Officers wrote in the citation that Gummo admitted to drinking 10 cans of beer and that the victim was "shaken" by the incident and required a police escort back to her room, WJAC-TV reports.
"She refused him admission to her room previously in the evening," a police news release states. "Gummo returned a short period later and beat on her door for approximately 10 minutes and attempted to turn the doorknob. He left and returned on two other occasions beating on the door attempting to gain access."
Huntingdon County court administrators told WJAC-TV on Monday afternoon that Gummo had not been suspended, but that a court order was released stating that other district magistrates would preside over hearings on Gummo's docket.
The woman in the room was identified by police as a magisterial district judge from outside the Harrisburg area, The Patriot-News reports.

Bruce Edge
Board Certified DUI Defense,
National College DUI Defense according to ABA guidelines
201 W. 5TH Street, Suite 550
Tulsa, OK 74103
918-582-6333
877-DUI-EDGE
www.EdgeLawFirm.com

John Hunsucker
Hunsucker Legal Group
One North Hudson Avenue, Suite 700
Oklahoma City, Oklahoma 73102
405-231-5600,
www.OKDUI.com

Dirty DUI Cop

2011-03-20T16:55:00.003-05:00

Saw an article on www.sfgate.com this morning that should make most people uneasy. Apparently a Deputy with the Contra Costa County Sheriff's Department in California has been accused of setting up citizens for DUI arrests so he could gain financially. He was discovered after admitting his dirty tactics to other police officers.

The alleged purpose of the DUI setups were to "dirty" up the arrested DUI targets so it could be used against them in non related divorce and other legal cases. According to the article, the deputy was in cahoots with a private investigator. The allegation is that the investigator would hire pretty women to meet up the the target and invite him out for drinks. Then it is alleged that after several drinks, the investigator would tip off the deputy with the location and vehicle type. The deputy would then sit outside the bar awaiting the target. It is alleged that the deputy received financial incentives from the investigator for these DUI arrests.

No one condones drinking and driving but as citizens in a free society, this type of for profit law enforcement can't be tolerated. It is bad enough that some police officers make more money on DUI overtime shifts which are paid for with quota based federal grants than they do from their regular pay check. When we allow the end to justify the means and the means is luring people into bars with pretty women and then "tipping off" a police officer who also has a financial stake in the outcome is just plain wrong.

John Hunsucker
www.okdui.com

Bruce Edge
www.edgelawfirm.com

Another cop busted for DUI

2011-03-20T07:46:00.003-05:00

Once again, another police official has been arrested for drunk driving. This last friday, a public information officer in Albany, New York was arrested after being seen driving without headlights. Not many details yet but he did refuse to take the state's test. I am speculating that maybe he doesn't trust the machines that they use daily and tout as accurate.

It is unclear which machine was offered for the breath test, but Bruce and I have both been able to obtain false results from our intoxilyzer 8000's (registered trademark of CMI). This may be one of the reasons that CMI refuses to sell the Intoxilyzer 8000 to defense attorneys or our experts as they do not want the machine tested to show it's inaccuracies. (Bruce and I are the only attorneys in Oklahoma that own Intoxilyzer 8000s)

For more information, contact John through www.okdui.com or Bruce through www.edgelawfirm.com

John

Oklahoma DUI Arrest crackdown, DUI Under 21

2011-03-14T20:29:00.003-05:00

Oklahoma police are cracking down on underage drinking and DUI Under 21's. Fueled with federal grant money, Midwest City Police, Oklahoma County Sheriff's Department, and the Canadian County Sheriff's Department are conducting stings to combat underage dringking and DUI under 21's.

Prom time is generally the time of year that police officials see the most Oklahoma DUI arrests of minors but they are using the grant money to prepare and gear up. In addition to underage stings at establishments that sell alochol, the police agencies are conducting DUI roadblocks. Midwest City, Oklahoma Police conducted a DUI roadblock this last weekend.

Also, local police are monitoring social web sites and talking to school officials and other teenagers to try and locate teen parties and also looking for those violating the social host laws.

Oklahoma DUI under 21 only requires a breath alcohol level of .02 or more so basically any alcohol can cause an illegal reading. Although the authors do not advise anyone under the age of 21 to drink, it is important to realize that only 1 drink can put you over the legal limit. Also, if you have had anything to drink, do not sit in your car and listen to the radio as this can subject to you an Oklahoma APC charge which stands for "actual physical control". An APC in Oklahoma is the same a drunk driving charge or DUI even though you were not drinking and driving.

If you or someone you care about has been arrested for DUI, DWI, APC, or DUI under 21 or you would like more information, contact John Hunsucker if the DUI or APC charge is in Oklahoma County, Cleveland County, or anywhere in Western Oklahoma. John can be reached at 405-231-5600 or visit www.okdui.com . If the DUI or APC charge is in Tulsa County or Eastern Oklahoma, contact Bruce Edge at 1-918-582-6333 or visit www.edgelawfirm.com.

Man Drinks Beer During DUI Arrest

2011-03-04T11:33:00.001-06:00

Police in northern Ohio say a man who was asked during a traffic stop
whether he'd been drinking took a swig from an open can of beer and told
the officer, "Yes."

Read more: http://wivb.m0bl.net/r/d3cqt

A unique approach to the question---"Have you been drinking"

ZERO Tolerance?

2011-02-11T08:29:00.002-06:00

As a Tulsa DUI attorney I wanted to share the following article showing the direction MADD has chosen. They no longer wish to just remove drunken drivers from the road--they plan to prohibit anyone from driving who has any amount of alcohol in their system. This means a person cannot have a sip of champagne to celebrate a special occasion with their meal. A husband and wife cannot share a glass of wine during a special outing-ZERO because they are actively pushing for all cars to be equipped with devices that will disable the vehicle if any amount of alcohol is detected. This is a cost that each person will pay--even those who do not drink in any form because the automobiles will cost more
They are no longer focusing on the problem of impaired drivers-- they are pushing for a national form of Prohibition –a mandate our nation failed at miserably in the past.

People should drink responsibly and not drive if they are impaired. If poor choices are made there is help form a Board certified DUI attorney in Tulsa, Oklahoma

www. EdgeLawFirm.com
www. EdgeDUIDefenseFirm.com

Groups hope to step up efforts against drunken driving
The New York Times
WASHINGTON Deterrence, the tactic of choice against drunken drivers for two decades, is no longer working in the struggle to reduce the death toll, say private and government experts.
Today, they will propose moving toward alcohol detection in every vehicle.
In the first phase, Mothers Against Drunk Driving, backed by a national association of state highway officials and car manufacturers, plans to campaign to change drunken-driving laws in 49 states to require that even first offenders be required to install a device that tests drivers and shuts down the car if it detects alcohol.
Many states already require the devices for people who have been convicted several times. Last year, New Mexico became the first to use them after a first offense. With that tactic and others, New Mexico saw a 12 percent drop in alcohol-related fatalities last year, according to federal figures.
The next step would be a program to develop new devices that would unobtrusively test any driver for alcohol, and disable the car to thwart drunken driving.
About 13,000 people will die this year in car crashes in which a driver was legally drunk.

Tipsy Tow returns for the holidays

2010-11-24T11:40:00.002-06:00

If you are out this Thanksgiving weekend and find that you have had a few too many, take advantage of the Tipsy Tow service offered by AAA Oklahoma. Tipsy Tow will give a free tow and ride home to anyone that has had too much to drink and makes the wise choice not to drive. There is a limit of 15 miles. The Tipsy Tow service is available from 6 pm Wednesday through Midnight Sunday Nov. 28 in metro Oklahoma City, Tulsa, Lawton, Ardmore, Enid, Muskogee, and Shawnee. This is a very proactive way to reduce Oklahoma DUI s and drinking and driving.

To request a ride, call 800-222-4357.

The Hunsucker Legal Group and Edge Law Firm promotes resposible social drinking and encourages our friends and clients to take advantage of this offer to avoid an Oklahoma drunk driving charge if they have a little too much to drink.

Powerful DUI Ad

2010-11-18T13:16:00.002-06:00

Although the Hunsucker Legal Group protects responsible social drinking, we are aware and concerned about the problem of obvious impaired drivers taking the wheel.

The Australians have produced a 5 minute video encouraging safe driving and discouraging drinking and driving. It is a very powerful video and I highly suggest it as a means to make your young drivers aware of the potential life consequences of drinking and driving. It is moving and somewhat graphic but is well done and will hopefully make your and your family's holiday a safe one.

The ink is:

http://www.youtube.com/watch_popup?v=Z2mf8DtWWd8

John Hunsucker

http://www.okdui.com/

Russian DUI Camera

2010-11-09T13:15:00.003-06:00

Imagine going to dinner with a girl that you had just started dating. You have a soda and she had a glass of wine with dinner. In her nervousness, she accidentally spills part of it on her blouse. After dinner, you are taking her to her house. It's 1 am, dark and the road is empty. You are violating no laws. All of the sudden, a patrol car comes out of nowhere with its lights flashing and you are summoned to pull over. Then, you are pulled out of the car and requested to perform roadside agility tests that most people can not do if completely sober. All of this is front of the new girl you are trying to impress. This can't happen in America where the 4th amendmant protects me from unreasonable seizures. Think again.

There is a new device that the manufacturer claims can detect alcohol vapors in moving cars. the Russian firm Laser Systems claim their Alcolaser, using spectroscopy, has a range of 65 feet and can be used on vehicle traveling up to 75 mph. The device is available as a hand held gun the size of a radar gun or as a fixed mounted unit in a patrol car.

Taking about a half second to scan a car, the manufacturer claims the device can detect quantities as small as a quart of beer or 3.5 ounces of vodka without interference from other sources of ethanol. When a person has consumed alcohol, he will exhale alcohol vapors when he breathes. Using spectroscopy, the device looks at how light is specifically scattered after hitting a specific type of molecule. The problem lies with the device not being able to distinguish whether the vapors are coming from the passenger, beer spilled in the floor, or the driver.

In my opinion, using this device to justify stopping vehicles for suspicion of Driving Under the Influence (DUI) would be a violation of the 4th amendment, I can also see where the political pressures to stop drunk drivers could give leeway for some courts to say this is ok. Remember, you could be stopped just because your son/daughter did the right thing and called you for a ride when they had too much to drink.

DUI Arrest Champ Faces Same Charge

2009-11-11T09:13:00.001-06:00

Wednesday, November 11, 2009 2:59 AM
By Greg SowinskiThe Lima News LIMA, Ohio --

An Ohio State Highway patrolman once honored as a post trooper of the year and for the number of drunken-driving arrests he made was arrested Sunday on a charge of drunken driving. Gerald L. Gibson, 45, was charged with drunken driving and a lane violation, Auglaize County Municipal Court records show. Gibson's arraignment is scheduled for Thursday in Wapakoneta.Gibson, whose most recent assignment has been as an investigator at Allen Correctional Institution in Lima, has taken a leave of absence because of his arrest, said Sgt. Richard Reeder, a spokesman for the State Highway Patrol.Waynesfield police made the arrest, Reeder said.Waynesfield Police Chief Nathan Motter said he stopped Gibson at 12:24 a.m. Sunday on Rt. 196. Gibson's vehicle had drifted left of center at least twice, he said.Motter noticed several signs of alcohol and asked Gibson to take a breath test, which he refused, Motter said."There were multiple reasons that led me to believe he was intoxicated," he said.Motter said Gibson was off duty at the time and in a personal vehicle.Gibson was named the 2002 trooper of the year at the patrol's Lima post. He was chosen based on leadership, professional ethics and enthusiastic work attitude. Mothers Against Drunk Driving honored Gibson in 1997 for the most drunken-driving arrests by a Lima post trooper.Gibson joined the patrol in May 1990.

Intoxilyzer 5000 Problems

2009-06-09T09:48:00.003-05:00

The Intoxilyzer 5000 has had numerous issues over the years. However, the government always falls back on the position that the machine runs a self diagnostic check to ensure that it is working properly. This is fine if the self diagnostic test actually works. Dr. Stephen Rose and Charles Smith, International Forensic Research Institute located at Florida International University ran various diagnostic tests on the Intoxilyzeer 5000 with key parts disconnected. They found that the machine does not ahave the ability to recognize when key parts are disconnected and still showed the diagnostic test to be OK. Some of these key parts were vital to ensure that outside interferents would not affect the test.

LIST OF ITEMS THAT CAN BE DISCONNECTED-INTOXILYZER 5000

INTOXILYZER 5000- Model 6600

1. External breath tube Diagnostic OK
2. RFI external antenna Diagnostic OK
3. RFI connector on the mother board Diagnostic OK
4. Cooling fan Diagnostic OK
5. Internal breath tube heater Diagnostic OK
6. Solenoid #1 Diagnostic OK
7. Solenoid # 2 Diagnostic OK
8. Sample chamber heater Diagnostic OK
9. Pressure switch Diagnostic OK
10. Internal pump Diagnostic OK
11. Key Board Diagnostic OK
12. LPT (DATA) port Diagnostic OK
13. Reset switch Diagnostic OK
14. Start button Diagnostic OK
15. Display Diagnostic OK
16. External breath tub heater Diagnostic OK
17. Dip switches Diagnostic OK
18. Partial Power supply Diagnostic OK
19. Printer pin control Diagnostic OK
20. I.R. Source Diagnostic OK
21. Filter wheel motor Diagnostic OK
22. Power supply No response
23. Printer head controller Processor error
24. Thermostat assembly Processor error
25. Unplugged from wall No response

The machine used was model 66 each part was disconnected singular, all other parts were still connected. The device gave the above listed messages after the self diagnostic program was run. All tests were conducted under the supervision of Dr. Stephen Rose and Charles Smith, International Forensic Research Institute located at Florida International University

Oklahoma License Modifications

2009-06-04T09:55:00.002-05:00

This is very positive news. My understanding is that the law will take effect November 1, 2009. No word on whether it will be retroactive BUT there is case law which states that the law in place at the time of the request for modification is controlling. So, we can request modified licenses on clients currently suspended and not eligible for modified licenses under the current law after November 1st and the new law should control making the suspended driver eligible.

Positive New Law

2009-06-03T11:28:00.002-05:00

The Governor recently signed a new law which will allow modification of 1 and 3 years suspensions due to DUI. In the past the drivers were barred from driving and there was no legal relief. The new law will allow drivers to install an interlock device and drive any vehicle on which it is installed. Also it appears that a hard license will be available to these drivers rather than the previous paper license they had to carry.

This is positive for the driver who can still maintain a life, protect their jobs, get groceries, medical treatment and do the daily things that requires an automobile in Oklahoma.
It is positive to the general public because people will not be forced to drive without a license, drive with out insurance and they will be driving with an interlock device so they cannot be drinking and behind the wheel.
It is a win for both sides of the equation.

Five Alabama Cops Fired

2009-05-28T15:45:00.003-05:00

The video is disturbing. What is interesting is that it wasn't caught till later when the prosecutors were preparing to try him for assault from the same incident. It is apparent in Anthony Warren's mug shot that he was badly beaten. Mr. Warren was unconscious and did not know he was beaten, He thought the injuries were from the car accident. Mr. Warren pled guilty to the assault and was sentenced to 20 years.

5 Cops Fired for beating Man

2009-05-28T10:48:00.002-05:00

The following video is very disturbing. Men who have sworn to uphold the law are beating a defenseless man who appears to be injured. Their job is to uphold the law, not dispense their personal version of justice. The courts are designed for administering punishment.
If a normal citizen acted in the manner these men did, they would quickly be placed in jail. View the video and see for yourself:

http://www.cnn.com/video/?/video/crime/2009/05/20/pn.car.chase.rollover.cnn

SUPER LAWYER

2009-05-12T13:51:00.003-05:00

What is a Super Lawyer? This could mean many different things but John and I are the first DUI attorneys in Oklahoma to have been formally recognized as Super Lawyers by Law and Politics.
This distinction is available to the over 10,000 attorneys in the Ste of Oklahoma but is limited to the top 5%. Every attorney is surveyed for their opinion on the nominees and their background is checked along with their records for representing their clients.
This is an honor because it is recognition based heavily from our peers who see our work on a daily basis.
John and I have been selected every year since the first recognition in Oklahoma.

Oklahoma DUI Penalties

2009-05-11T11:58:00.001-05:00

DUI PENALTIES

If you are charged with DUI (driving under the influence) or APC (actual physical control) in Oklahoma, your charge may be filed in either city court or state court. If your charge is filed in city court, the DUI penalties will vary depending on the jurisdiction. Most municipalities have DUI penalties that carry up to 30, 60, or 90 days in the city jail. Oklahoma City and Tulsa municipal courts carry up to 180 days in their jails. The fines in Oklahoma City and Tulsa municipal courts are up to $1200.00. while the other municipal courts carry fines up to $750.00.

If you were charged with DUI or APC in the District (also called the State) Court, then the penalty is set by state statute. A misdemeanor DUI or APC carries 10 days to one year in the county jail and/or up to a $1000.00. State statutes also provide for additional sentencing options to include a victim’s compensation assessment (VCA) of up to $5000.00, community service hours, and installation of an ignition interlock device on your vehicle. Although the VCA is mandatory, it is generally under $500.00 and the other sentencing options are not mandatory and may not be required.

If you have had a prior conviction for DUI or APC within the previous ten years from a court of record, you may be charged with a felony. This is explained in more detail in other entries in this blog. If it is your first felony DUI or felony APC, the penalty range is a minimum of one year to a maximum of five years in the state penitentiary and/or a fine of up to $2500.00.

If your charge is your second felony DUI charge (one prior felony DUI/APC conviction), then the punishment range increases to a minimum of one year to a maximum of seven years in the state penitentiary and/or a fine of up to $5000.00. If it is your third felony charge (two prior felony DUI/APC convictions), the punishment range is a minimum of one year and a maximum of 10 years in the state penitentiary and/or a fine of up to $7500.00.

Even if your case is horrible, there are other options beside jail. Our statutes provide for treatment options, deferred sentences, suspended sentences, community sentencing, and DUI Court programs. Any one or combination of these options can result in no jail time and in some circumstances.....no conviction. Some of these options requires action as soon as possible so it is important to contact Bruce Edge or John Hunsucker as soon as possible so we can form a successful strategy for you.

Channel 9 DUI Loophole Story

2009-05-07T17:05:00.003-05:00

On May 6, 2009, Channel 9 in Oklahoma City ran a piece called the DUI Loophole. Apparently, in some areas, possible DUI offenders are not getting charged because the hospitals are not calling the police when there is an accident involving alcohol. They claim that the hospitals are doing this because they are concerned they won't get paid by the insurance company if alcohol is involved.

The interesting part of the story is that Channel nine interviewed medical professionals and an Assistant District Attorney from TEXAS. Were they not able to get one of the several hundred Oklahoma District Attorneys or Assistant District Attorneys to comment? They commented they contacted Oklahoma legislators but only two responded. The two that did respond said it was not a problem in Oklahoma.

This is another example of the the media trying to sensationalize a problem tjhat doesn't exist here. Oklahoma has a statute that mandates that blood is withdrawn anytime there is an accident involving great bodily injury or death and the officer believes that the driver may be under the influence of alcohol. This is a forced blood draw wherein the accused does not have the ability to refuse.

In accidents that don't involve serious injuries and/or death, the police officer at the scene will still request a blood or breath sample under Oklahoma's Implied Consent Law.

Simply put, this is just an attempt to sensationalize a problem that just doesn't exist in Oklahoma.

Seems out of Balance- OHP Officer Charged with Assault

2009-05-07T09:40:00.004-05:00

Oklahoma Highway patrol trooper Jacob Rowland was charged with assault for repeatedly kicking a handcuffed suspect in the chest. The female suspect was charged with placing bodily waste on an officer after the trooper complained that she spat on him.
Supposedly the video from the troopers car shows him kicking her but does not show her actions. In the car while going to jail she asked why he kicked and he said she spit on him--the suspect denied having done so.
The interesting and encouraging issue here is that the complaint against the trooper was not filed by the suspect--it was filed by other troopers on the scene!!! They stepped over the blue line and did not turn their back because he was a fellow officer. Kudos to these troopers.
Under Oklahoma law, the suspect will be charged with a felony for the alleged spitting and the trooper will be charged with a misdemeanor for kicking a handcuffed suspect on the ground. That is the law.
OHP declined to release a copy of the video to the public.

Misdemeanor DUI or Felony DUI

2009-05-06T12:44:00.002-05:00

Misdemeanor DUI vs. Felony DUI

In Oklahoma, DUI (driving under the influence) and APC (actual physical control) can be charged as either a misdemeanor charge or a felony charge. If your charge is filed in the municipal court, then the charge will be a misdemeanor as municipal courts do not have the jurisdiction to file felony charges. One caveat...a city police officer can cause the charge to be filed in the county district court or municipal court.

If your DUI arrest is your first arrest, then the charge will be a misdemeanor. In order for a DUI or APC charge to be a felony, you must have a previous DUI or APC conviction from a court of record within the previous ten years. The only courts of record in Oklahoma are the county District Courts or the municipal courts of Oklahoma City and Tulsa. Thus, if your prior DUI conviction was from Edmond, Midwest City, Jenks, etc, your new DUI charge will still be a misdemeanor as these are not courts of records.

The second requirement needed to enhance your DUI or APC to a felony is that the prior must have resulted in a conviction for DUI or APC. If your charge was reduced to a non DUI/APC charge like reckless or careless driving, then your new DUI charge cannot be filed as a felony. If you received a deferred sentence on your prior DUI charge, then the new charge will still be a misdemeanor as a deferred sentence is not a conviction.

The third requirement to enhance your new DUI charge to a felony is that your prior conviction must have occurred within the previous ten years. This requirement runs conviction date to conviction date. So, if your prior conviction occurred on Jan 2, 1999 and you are arrested on January 1, 2009, you may be charged with a felony DUI but it would have to be reduced to a misdemeanor as it would be impossible for the State to obtain a conviction in one day. Thus, the second conviction date would fall outside the ten years and would force a reduction in the charge to a misdemeanor.

Time Is Important

2009-05-04T17:02:00.002-05:00

When arrested for driving under the influence (DUI) in Oklahoma, an administrative hearing must be requested within 15 days of receiving notice that DPS is going to suspend your license. This notice is normally given to you when you are arrested and is contained on the back of the Officer's Affidavit and Notice of Disqualification. The 15 days is jurisdictional and if missed, generally there is nothing that can be done to save your license.

Time is also important as the sooner Bruce and I can start investigating your case, the higher the liklihood that we can preserve evidence that can protect you. For instance, there are several breath Intoxilyzer rooms that contain video cameras but the cameras are on a loop that erases and records over itself every 10 -15 days. If we are contacted early, we can preserve this tape which can show inconsistences in how the test was administered.

Daily Oklahoman DUI Mistake

2009-05-04T11:51:00.004-05:00

This last weekend, the Daily Oklahoman did a story about DUI and sports figures. Instead of going to a credible source, they got their information from the lobbying group MADD. The article in the paper stated that if you are arrested for DUI and your breath alcohol level is .15 or higher, you will be charged with Aggravated DUI. While Oklahoma has an Aggravated DUI Statute, not every county charges it.

The mistake in the paper was that the article stated that the penalty for Aggravated DUI was the same as a third time felony. The penalty for a third time felony is 1-10 years in the state penitentiary and/or up to a $7500.00 fine. This is incorrect.

Aggravated DUI is cover under Title 47 Section 11-902 of the Oklahoma Statutes and is as follows:

"D. Any person who is convicted of a violation of driving under the influence with a blood or breath alcohol concentration of fifteen-hundredths (0.15) or more pursuant to this section shall be deemed guilty of aggravated driving under the influence. A person convicted of aggravated driving under the influence shall participate in an assessment and evaluation by an assessment agency or assessment personnel certified by the Department of Mental Health and Substance Abuse Services pursuant to Section 3-460 of Title 43A of the Oklahoma Statutes and shall comply with all recommendations for treatment. Such person shall be sentenced to not less than one (1) year of supervision and periodic testing at the defendant’s expense, four hundred eighty (480) hours of community service, and an ignition interlock device for a minimum of thirty (30) days. Nothing in this subsection shall preclude the defendant from being charged or punished as provided in paragraph 1, 2, 3, 4 or 5 of subsection C of this section."

As you can see, the Aggravated DUI language just adds additional requirements but not change the standard punishment range which for District Court cases is 10 days to one year and/or a fine up to $1000. for misdeameanor cases, 1-5 years and/or a fine of up to $2500 for first felony DUI, 1-7 years and/or fine of up to $5000 for 2nd felony, and 1-10 years and/or fine of up to $7500 for 3rd or subsequent felony DUI/

Oklahoma DUI License Suspensions

2009-05-04T11:44:00.001-05:00

Length Of Time For Oklahoma Driver’s License DUI Suspensions.

If you are arrested for an Oklahoma DUI (driving under the influence) or APC (actual physical control), the Oklahoma Department of Public Safety (DPS) will attempt to suspend your Oklahoma driving privileges for a period of 180 days if you have not had any prior license suspensions within the previous ten years.

If you have had a previous driver’s license suspension within the previous ten years then the license suspension will be for a period of one year. If it is your third license suspension within ten years, the license suspension will be for a period of three years.

There is no such thing as a work permit in Oklahoma. It is possible to receive modified driving privileges if you only have a 180 day license suspension. This modification requires the installation of an ignition interlock device on your vehicle and can allow for driving 24 hours a day/seven days a week as long as in a vehicle with the ignition interlock device.

A CDL (commercial driver’s license) may not be modified. However, under certain circumstances, you may be allowed to drive company vehicles with an ignition interlock device.

One year and three year revocations may not be modified. The only way to keep driving is to request the hearing timely, win the DPS hearing, and avoid a conviction on the criminal charge. This is possible and Bruce and I have done this numerous times. Contact us for more information.

"DUI" ATTORNEY

2009-05-03T16:03:00.004-05:00

John had a very good post about the DUI "Specialist".
It makes me shudder when I hear an attorney refer to a case as a "Simple DUI". That says
he does not plan to develop the case, look for weaknesses or defenses--he is going to take the money and quickly do some paper work.
Currently in Oklahoma it takes approximately 4 months to handle a DUI case properly. This is not a 'simple' DUI; it is a case that is being properly developed and defended.

I would suggest you look for the following things in deciding if someone is truly a DUI attorney or an attorney who just wants to make a quick buck from a DUI--there is a big difference:

Will they meet you at the courthouse or interview over the phone rather than requiring a personal interview in their office?
How many books have they authored specific to DUI?
Are the trained as SFST (field sobriety) practitioners and Instructors?
Have the taught SFST classes?
Are they DRE (drugs) trained?
Are they certified by the State BOT to operate and maintain the Intoxilyzer?
Are they trained to operate the Intoxilyzer 8000?
How many Intoxilyer 5000's do they own?
How many Intoxliyer 8000's do they own?
How many national DUI specific seminars do they attend annually?
Have they taught other attorneys nationally regarding DUI defense?
Have they taught Oklahoma Judges about DUI Defense?
Have they taught police officers in CLEET academy's?
Were they the first Oklahoma lawyers recognized as Super Lawyers and have they continued to be recognized for multiple years?
Are they Fellows in the Litigation Counsel of America?
Have they attended specialized training regarding the HGN test as it relates to eye movement and muscle imbalance?
Have they attended multiple blood courses including Lab evaluations?
Have they been trained to actually operate the GC-MS lab machine and had experience doing so?

These are a few of the items that will help distinguish the professional DUI Attorney from the opportunistic pretenders.

Subsequent DUIs

2009-05-02T12:49:00.002-05:00

Occasionally, citizens arrested for DUI are also arrested for driving under suspension. When explaining the importance of requesting an Administrative Hearing with the Department of Public Safety, the client will tell me that it doesn't matter because they are currently suspending and they don't think that there is any reason to fight the new driver's license suspension.

It is these cases where it is especially important to fight the suspension. If the client is suspended, a further suspension will be tacked on to the current suspension. If the client is on a 180 suspension from a previous DUI, then the new suspension period will be for ONE YEAR and is NOT modifiable. If the client is on a one year suspension, then the new suspension will be for THREE YEARS and is NOT midifiable. It is important to fight the license suspension EVERY time.

DUI Specialists

2009-05-01T15:35:00.003-05:00

Over the last year, Bruce and I have seen several new "DUI Attorneys" or "DUI Specialists" popping up on the internet. These are criminal attorneys who think that DUI cases are an easy way to make money. DUI cases are an easy way to make money if you just take the case and plea it at the first opportunity. These dump truck lawyers will mislead you as they are wanting to compete with the real DUI Lawyers that have taken the time and spent the money to educate themselves to protect their clients.

How can you protect yourself? Ask questions. Do you limit your practice to DUI defense? Are you certified to not only administer field sobriety tests but are you also an Instructor? Have you ever taught DUI defense to other lawyers? Have you written any books on the subject of DUI Defense? Do you own an Intoxilyzer 5000 and 8000? Have you attended any advance blood seminars? Have you ever visited a blood lab?

Anyone can put up a website and get a vanity DUI phone number. Anyone can join the National College for DUI Defense. If they are serious about DUI Defense, then they should have and currently be attending the College's Trial College held at Harvard each summer. Several of these new "DUI Attorneys" have never been to a regional or national DUI seminar.

This is one reason Bruce and I offer free consultations as we feel it is important that you have a comparision with real DUI lawyers that practice solely DUI defense. Even if you are considering another attorney, it is worth your time to schedule your free consultation so that you can rest assured that the attorney you hire is what he or she says they are. There is nothing to lose and you will receive your free copy of the Oklahoma DUI Survival Guide that Bruce and I co-authored. To schedule your free consultation, call John at 1-888-DUI-ARREST if in Oklahoma City/Western Oklahoma or Bruce at 1-877-DUI-EDGE if in Tulsa/Eastern Oklahoma.

2009-04-30T10:50:00.000-05:00

Saving Your Oklahoma Driver’s License

In Oklahoma, the Department of Public Safety handles all driver’s license issues. If you are arrested for DUI (driving under the influence of alcohol or drugs) or APC (actual physical control) and you refuse to take a chemical test or take a chemical test and have a BAC of .08 or higher, the officer will confiscate your driver’s license.

The officer will provide you an Officer’s Affidavit and Notice of Revocation which will serve as your temporary license. This temporary license will be valid for thirty days. To confirm that you have received the temporary license, lok at the bottom of the affidavit and there should be language stating that the form is a receipt and temporary license valid for thirty days.

If your license was previously suspended, expired, or not in your possession at the time of arrest, the paperwork will not contain this information. If license was valid at the time of arrest, any suspension will not begin for thirty days. Thus, if license was valid but you did not have it with you when you were arrested, the license is still valid for thirty days.

This Officer’s Affidavit and Notice of Revocation also has language informing you that you have 15 days to request a hearing from the Oklahoma Department of Public Safety if you wish to prevent license suspension. This notice is normally given on the same day as your arrest so Bruce and I normally inform people thay have 15 days from arrest. This 15 day rule is jurisdictional and in most instance, nothing can be done to prevent license suspension if the hearing is not requested within the 15 days.

The 15 day time frame is the same if you submitted to a blood test. However, the time frame does not begin until you receive notice from the Oklahoma Department of Public Safety that the blood test came back with a BAC of .08 or higher. This notice is a letter from DPS that is sent to your address on file with the state. Thus, if you have a old address on your license, you won’t receive the letter and will miss your time frame to request a hearing.

It is important to call Bruce or I as soon as possible after your arrest so we can prevent license suspension.

Trust Me--I'm From the Government

2009-04-07T14:18:00.002-05:00

Following is an article dealing with prosecutorial misconduct by some of the highest ranking attorneys in the Justice Department.

What is ironic is that the people who present themselves as upholding and enforcing the law, were willing to break the law to pursue professional ambitions.

Criminal probe of lawyers who botched Stevens case

By NEDRA PICKLER and MATT APUZZO, Associated Press Writers
WASHINGTON – A seething federal judge dismissed the corruption conviction of former Alaska Sen. Ted Stevens on Tuesday and took the rare and serious step of ordering a criminal investigation into prosecutors who poisoned the case.
"In nearly 25 years on the bench, I've never seen anything approaching the mishandling and misconduct that I've seen in this case," U.S. District Judge Emmet Sullivan said.
Sullivan appointed a special prosecutor to investigate Justice Department lawyers who repeatedly withheld evidence from defense attorneys and the judge during the monthlong trial. Stevens was convicted in October of lying on Senate forms about home renovations and gifts he received from wealthy friends.
The case cost Stevens, 85, a Senate seat he had held for 40 years. Once the Senate's longest-serving Republican, he narrowly lost to Democrat Mark Begich soon after the verdict.
Now, the case could prove career-ending for prosecutors in the Justice Department's public corruption unit.
After Sullivan dismissed the case, Stevens turned to his friends and held up a fist in victory as his wife and daughters broke into loud sobs.
"Until recently, my faith in the criminal system, particularly the judicial system, was unwavering," Stevens told the court Tuesday, his first public comments since Attorney General Eric Holder announced he would drop the case. "But what some members of the prosecution team did nearly destroyed my faith. Their conduct had consequences for me that they will never realize and can never be reversed."
Sullivan appointed Washington attorney Henry Schuelke to investigate contempt and obstruction by the Justice Department team. Schuelke is a former prosecutor and veteran defense attorney who was tapped to oversee a Senate Ethics Committee investigation into influence-peddling allegations against former New York Sen. Alfonse D'Amato in 1989.
Sullivan said the matter was too serious to be left to an internal investigation by the Justice Department, which he said dragged its feet before looking into the misconduct. He criticized former Attorney General Michael Mukasey for not responding to complaints: "Shocking, but not surprising," Sullivan said.
He worried aloud about how often the government withholds evidence, from Guantanamo Bay terrorism cases to public corruption trials. He called on Holder to retrain all prosecutors in the department.
The decision to open a criminal case raises the question of whether the prosecutors, who include the top two officials in the department's public corruption unit, can remain on the job while under investigation. The investigation carries the threat of prison time, fines and disbarment.
It also threatens to derail the corruption investigation into other public officials, including Rep. Don Young, R-Alaska, who has been under scrutiny by the same prosecutors now under investigation. Young's lawyer attended Tuesday's hearing but said nothing after it ended.
Subjects of the criminal probe are Brenda Morris, the lead prosecutor in the Stevens case and the No. 2 official in the Public Integrity Section; Public Integrity prosecutors Nicholas Marsh and Edward Sullivan; Alaska federal prosecutors Joseph Bottini and James Goeke; and William Welch, who did not participate in the trial but who supervises the Public Integrity section.
Judge Sullivan repeatedly scolded prosecutors for their behavior during trial. After the verdict, an FBI whistleblower accused the team of misconduct and Sullivan held prosecutors in contempt for ignoring a court order.
The prosecution team was replaced and, last week, the new team acknowledged that key evidence was withheld from Stevens. That evidence included notes from an interview with the government's star witness, contractor Bill Allen.
On the witness stand, Allen said a mutual friend told him not to expect Stevens to pay for the home renovation project because Stevens only wanted the bill to cover himself. It was damaging testimony that made Stevens look like a politician scheming to cover his tracks while accepting freebies.
But in the previously undisclosed meeting with prosecutors, Allen said he had no recollection of such a discussion. And he valued the renovation work at far less than what prosecutors alleged at the trial.
"I was sick in my stomach," attorney Brendan Sullivan said Tuesday, recalling seeing the new evidence for the first time. "How could they do this? How could they abandon their responsibilities? How could they take on a very decent man, Ted Stevens, who happened to be a United States senator, and do this?"
The Justice Department did not comment after court but Paul O'Brien, a federal prosecutor newly assigned to the case, apologized to the judge on behalf of the department.
Friends say Stevens owes millions of dollars in legal bills. With Tuesday's dismissal, the former senator could sue the Justice Department for malicious prosecution and try to force the government to pay some of those fees, but winning such lawsuits is difficult.
The government misconduct and the unraveling of the case overshadowed the facts of a trial in which Stevens — regardless of Allen's discredited testimony — was shown to have accepted a massage chair, a stained-glass window and an expensive sculpture but never disclosed them on Senate documents.
None of that mattered Tuesday as Stevens gave what amounted to the election victory speech he never had a chance to give. Standing at the courtroom lectern wearing a pin of the U.S. and Alaska flags on his sweater, he recounted his career in government — from flying planes in World War II to serving as U.S. attorney to his storied career in the Senate.
He thanked his friends, his supporters and his wife. And he vowed to push his friends in the Senate for tough new laws on prosecutorial misconduct.
Then, with the prosecution team feeling the scrutiny that Stevens felt for years, he smiled, posed for pictures with his family outside the courthouse and said:
"I'm going to enjoy this wonderful day."

Judge disses drunken driving tipsters

2009-03-21T17:22:00.001-05:00

Saturday, March 21, 2009
Troy cops told they can't stop car based only on 911 call.
Mike Martindale / The Detroit News
TROY -- In a very rare move, the city of Troy is appealing a district judge's decision to dismiss a drunken driving case last month because it was based on observations of another motorist, rather than the officer who finally stopped the suspected driver.
Troy police stopped the car, a Chevrolet Lumina, in a subdivision off Rochester Road about 1:30 a.m. Nov. 11 after a motorist used a cell phone to report the Lumina had been weaving. According to court records, a 38-year-old Sterling Heights driver was arrested for operating a vehicle while intoxicated. He recorded a 0.10 blood alcohol level on a breathalyzer test -- higher than the 0.08 in which a motorist is deemed too intoxicated to drive in Michigan.
But Troy District Judge William E. Bolle dismissed the case during his first court appearance on Feb. 24.
"...You can't just assume that a cell phone caller is reliable, many times they are," Bolle said, according to a court transcript. "I've had occasions where they were not. I've had occasions where they're a spiteful person that's called the police and made allegations that in fact were not really true."
A transcript of the dispatch tape records the caller's description of the weaving driver.
"I have a car in front of me driving erratically ... oh my God," the caller said.
"Yeah, you got to send somebody out here for sure. He's all over the road."
The caller provided the Lumina's license plate numbers, along with his own name and phone number, during the two-minute call, in which he followed the car.
In court, the driver's attorney, Kirsten Neilsen Hartig, said the police did not see the motorist driving erratically and only pulled him over in front of his home, according to court documents.
Troy city attorney Lori Grigg Bluhm said filing an appeal of the judge's decision was a "very, very rare" action for her office to take, but felt the dismissal must be overturned.
"We've worked with the judge for years, and it pains us to do this," Bluhm said. "We believe the officer's stop was supported by reasonable suspicion, regardless of whether she personally observed erratic driving."
Said Hartig on Friday night: "I am very disappointed. I thought the judge ruled appropriately on this matter and the Police Department never confirmed this person's identity. My client never weaved, never drove improperly and even used turn signals."
In dismissing the case, Bolle told attorneys his decision was based on "competing interests," including "the right of a driver to be free from an illegal stop."
A Mothers Against Drunk Driving representative described the dismissal as "absurd."
"What are we supposed to do, wait for people to be killed before you arrest a drunk driver?" said Richard Rondeau, executive director of the Macomb-Oakland chapter of Mothers Against Drunk Driving.
"I've made more than a half-dozen calls to police like that myself about drunk drivers.
"What does this say to citizens? To ignore what we see? It doesn't make any sense. Police were provided with good information by a reliable source. I don't care if the officer saw him hit a curb or not. I just want that drunk off the road."
Bolle noted the officer observed the Lumina "for at least a mile" and didn't notice any bad driving.
"I don't think there was enough evidence for her to make a stop. ... I don't think you can proceed to a prosecution given what she knew," he wrote.
"...You can't just assume that a cell phone caller is reliable, many times they are," Bolle said, according to a court transcript. "I've had occasions where they were not. I've had occasions where they're a spiteful person that's called the police and made allegations that in fact were not really true."
A transcript of the dispatch tape records the caller's description of the weaving driver.
"I have a car in front of me driving erratically ... oh my God," the caller said.
"Yeah, you got to send somebody out here for sure. He's all over the road."
The caller provided the Lumina's license plate numbers, along with his own name and phone number, during the two-minute call, in which he followed the car.
In court, the driver's attorney, Kirsten Neilsen Hartig, said the police did not see the motorist driving erratically and only pulled him over in front of his home, according to court documents.
Troy city attorney Lori Grigg Bluhm said filing an appeal of the judge's decision was a "very, very rare" action for her office to take, but felt the dismissal must be overturned.
"We've worked with the judge for years, and it pains us to do this," Bluhm said. "We believe the officer's stop was supported by reasonable suspicion, regardless of whether she personally observed erratic driving."
Said Hartig on Friday night: "I am very disappointed. I thought the judge ruled appropriately on this matter and the Police Department never confirmed this person's identity. My client never weaved, never drove improperly and even used turn signals."
In dismissing the case, Bolle told attorneys his decision was based on "competing interests," including "the right of a driver to be free from an illegal stop."
A Mothers Against Drunk Driving representative described the dismissal as "absurd."
"What are we supposed to do, wait for people to be killed before you arrest a drunk driver?" said Richard Rondeau, executive director of the Macomb-Oakland chapter of Mothers Against Drunk Driving.
"I've made more than a half-dozen calls to police like that myself about drunk drivers.
"What does this say to citizens? To ignore what we see? It doesn't make any sense. Police were provided with good information by a reliable source. I don't care if the officer saw him hit a curb or not. I just want that drunk off the road."
Bolle noted the officer observed the Lumina "for at least a mile" and didn't notice any bad driving.
"I don't think there was enough evidence for her to make a stop. ... I don't think you can proceed to a prosecution given what she knew," he wrote.

147 cases in police lab mess called 'tip of iceberg'

2009-03-15T13:16:00.000-05:00

BY AMBER HUNT and BEN SCHMITT FREE PRESS STAFF WRITERS
Detroit Fee Press
March 15, 2009 01:13 AM
Wayne County Prosecutor Kym Worthy says her office has identified 147 cases of convicted and imprisoned people that will require the retesting of evidence as part of the investigation into the now-closed Detroit police crime lab -- unveiling the first of potentially thousands of cases that are at risk of unraveling because of mishandled evidence."This is the tip of the iceberg," Worthy told the Free Press on Thursday, noting that in addition to the 147 cases identified by her office, defense attorneys have notified her office of 30 others that they believe relied on mishandled evidence.Those cases, and thousands of others, are taxing the Michigan State Police's capacity, which could translate into guilty people walking the streets, innocent people stuck behind bars and law-enforcement agencies hamstrung in fighting crime. Added to the caseload is the budgetary constraints under which the Prosecutor's Office and State Police must function."I really feel baffled at how many people might be in jail because of botched evidence, or how many people aren't in jail because of botched evidence," said LaDarrell Howard, 40, of Harrison Township, who was acquitted on a second-degree murder charge last spring after Detroit police wrongly included a bullet from an unrelated suicide with evidence in Howard's case.Defense attorney David Steingold, who tries murder cases in Wayne County, calls the crime lab problems scary."To a defense lawyer, the scientific evidence in court is the hardest evidence to contest in court, whether it's a blood test in a drunk driving case or a ballistic test in a murder case," he said. "You are at the mercy of a piece of paper."'This is a big public safety issue'Michael Thomas, director of the State Police's forensic science division, said he expects the state's labs to handle at least 20,000 Detroit cases this year.That's on top of the 10,000 cases a year the State Police lab handles of its own and about 650 other police departments, which makes for a six- to eight-month backlog.Added to the crush, at the State Police's crime lab in Sterling Heights -- which handles most of Detroit's cases -- some 3,000 firearms cases have piled up since April and await testing, Thomas said.Sgt. Stephen Nowicki, a specialist with the Sterling Heights lab, said that before the Detroit lab closed, his personal backlog was between 10 and 20 cases. Now, it's 100 cases and climbing.
About 600 cases have been shipped to some of the six other State Police labs across the state -- 100 apiece to labs in Grayling and Bridgeport last week alone -- in hopes of staying afloat, said Sarah Hough, a forensic technician at the Sterling Heights lab."This is a big public safety issue," Thomas said. "We may have evidence that would identify a rapist, but because I can't get to it, it's just sitting there."How many victims are exposed during that eight-month period while I don't have time to analyze that evidence?"How the problem startedThe case that broke the scandal and overwhelmed the labs involved Jarrhod Williams, 21, who withdrew two no-contest pleas last year stemming from a May 2007 double slaying in Detroit after faulty firearms evidence surfaced.Williams initially confessed and went to trial a year ago in the shooting deaths of Detroiters DeAngelo Savage, 33, and Tommy Haney, 38, when prosecutors offered to let him plead no contest to second-degree murder and serve 12 years in prison. But he insisted that his confession was coerced and that he was not responsible for the killings.A Detroit police report indicated all 42 spent shell casings at the scene came from the same gun. But Williams' attorney Marvin Barnett was skeptical of the evidence and hired former State Police firearms examiner David Balash to look things over. Balash discovered that the casings came from at least two weapons. State Police conducted its own tests and confirmed Balash's results.As a result, a new trial was granted in October. Worthy and former Detroit Police Chief Ella Bully-Cummings ordered an audit of Detroit's crime lab. The audit found, among other findings, an error rate of 10% in 200 firearms cases it reviewed.After the audit, Detroit Mayor Ken Cockrel Jr. and Police Chief James Barren shut down the lab.Still, even with the bungled crime lab results, Williams' mother, Valarie Washington, remains skeptical."I hope the truth will come out," she said. "But my family doesn't trust the system. We believed in Mr. Barnett and all he's done, but the state has a way of always winning."Williams' new trial is expected to begin March 30.
Only one of manyAnother homicide case in question -- that against Edward Hill, who was sentenced to at least 50 years in prison about two years ago -- is being sent back to a circuit court judge, who could order a new trial.Hill's lawyer, Gerald M. Lorence, said a ballistics expert falsely testified that a bullet found in the victim came from a handgun seized from the home of one of Hill's relatives.Lorence said Hill's family is ecstatic that he may get a new trial. "It's true that someone was shot, but no one saw my client shoot anyone. Witnesses testified that he walked out of the store with a black gun, but the video shows it's a silver gun. I said, 'Wait a minute.' "Lab woes a nationwide problemThe Detroit lab wasn't the only one in the country with problems, according to the independent National Research Council. A review by West Virginia State Police found more than 100 convictions were in doubt because an employee had repeatedly falsified evidence. At least 10 people had convictions overturned.In Oregon, a man won a $2-million settlement after fingerprints mistakenly linked him to the 2004 train bombings in Madrid, Spain. Fingerprint evidence also was tossed out of a death penalty case in Maryland by a judge who declared it untested and unverifiable.Help on the way, but a ways offAmong the 20,000 cases are some that need DNA analysis. Of those, about 20% might be contracted out to independent labs, though there are only three such licensed labs in the country.And with Worthy's latest announcement that dozens of homicide cases need swift re-evaluation, Thomas said the state's labs are going to slip even further behind. Meanwhile, Worthy said her office is understaffed and doing the work "on a part-time basis on the county's dime."Worthy said her office has submitted a budget to Cockrel's office, which conservatively calls for $871,000 per year to take on such tasks.Worthy said more than 10% of the money budgeted for the investigation has already been spent.Meanwhile, Wayne County Executive Robert Ficano is asking all departments to cut their spending by 20%.Last month, the state approved $5 million for the hiring of 45 forensic scientists to add to the State Police's current staff of 36 across seven labs.
That will help, Thomas said, but not for two years -- the average time it takes to train each scientist."We're working in an environment where the acceptable failure rate is zero," he said. "You can't make a mistake, so obviously, we have very rigorous training programs."To help with the backlog, Michigan State Police will continue to ship DNA testing to nationally accredited third-party labs, but those labs aren't able to help with the thousands of cases that involve other types of forensic testing, such as the firearms analysis that landed Detroit in trouble.The Detroit audit found that access to the firearms unit was unrestricted and evidence could have been contaminated because it was allowed to overflow into office and work areas.Washington, the mother of Williams, said the crime lab problems are terrifying."It makes you wonder how many other people might be going through the same thing and it makes you wonder how many times the police lied or got it wrong," she said. "I want my son home and I also hope that this is going to help some other people."

SMILE YOU'RE ON COP-CAR CAMERA

2009-03-15T12:33:00.000-05:00

Chicago Tribune
Steve Chapman
March 15, 2009
One night last summer Raymond Bell was pulled over by a Chicago cop and arrested for driving under the influence. Officer Joe D. Parker, a 23-year veteran, reported that upon getting out of his car, Bell was stinking of alcohol, lurching and unable to walk a straight line or stand on one foot. An officer with his stellar record would normally prevail against a DUI suspect. But in this case, Bell had something on his side: a video camera mounted on the dashboard of Parker's squad car that told a radically different story. Far from revealing a staggering drunk, reported the Chicago Sun-Times, the video "showed Bell appearing to be perfectly balanced," passing the sobriety tests that Parker administered—and being refused when he asked to take a Breathalyzer. Prosecutors watched the video and promptly dismissed the case. They are now considering charges against Parker.That episode raises the question: Nine years into the 21st Century, why isn't every squad car in America equipped with a dashboard video camera? Why do we persist in relying on the slippery, self-interested, incomplete and unverified accounts of opposing participants when we have the means to see the truth with our own eyes?
In this instance, the innocent man was lucky to be stopped by a cop driving a video-armed vehicle. The odds are against it, since only 11 percent of the Chicago Police Department's cars have cameras for recording traffic stops. Though the department is planning to use federal stimulus money to double that number and the mayor has said he wants cameras installed in the remaining vehicles "as quickly as possible," no one is radiating a sense of haste. Why not? The department says the main obstacle is money. Equipping another 300 cars, as the city plans, will require $2.1 million. So making them standard on the rest would cost about $13 million.But that shouldn't be an insurmountable obstacle. The Illinois State Police, with a fleet of nearly 1,100 vehicles, have managed to install cameras in more than 900. Spending $13 million looks extravagant only until you compare it to the cost of losing lawsuits over police misconduct. From 2005 through the middle of 2008, says the Chicago Reader, the city paid out $155 million in police cases. Dashboard cameras don't have to prevent many million-dollar judgments to be a bargain. The cops—at least the good ones, who are presumably the majority—have as much reason to want these recordings as the accused. The best defense against a phony charge of police brutality is a video showing exactly what the officer said and did. A suspect who is visibly inebriated or violent will have a hard time refuting the camera's testimony in court. Yet Chicago has dragged its feet, and it's not alone. After the 1991 Rodney King beating, a commission recommended that the Los Angeles Police Department mount cameras in its squad cars. It installed some but soon got rid of them. A federal monitor proposed the idea again in 2005, but the police chief, The Los Angeles Times reported, "said he saw it as a long-term project." Last year—17 years later—the LAPD finally decided to equip some vehicles. Contrast that with Mayor Richard Daley's enthusiasm for other types of video. Chicago now has some 2,250 surveillance cameras to detect criminal conduct in public places. By 2016, Daley promised last month, Chicago will have one on every corner.The city has also installed red-light cameras at some 132 intersections, with another 330 planned. So what exactly is different about those cameras? Well, they are trained on the citizenry, not on the police. What's sauce for the goose seems to be regarded as a dubious liquid substance when proposed for the gander. The city is less eager to capture video evidence if it may expose wrongdoing by its own law enforcement agents.But the rest of us might want to keep unsleeping electronic eyes on the people with guns and badges. A city with a good police department can gain a lot from squad-car video cameras. A city with a bad one can gain even more. Steve Chapman is a member of the Tribune editorial board and blogs at chicagotribune.com/chapman. E-mail: schapman@tribune.com.

Top DUI Deputy Fired after Investigation; may have wrongly jailed many

2009-03-14T07:33:00.000-05:00

TAMPA - Daniel Brock won high praise for jailing impaired motorists. Mothers Against Drunk Driving honored him. So did his bosses.
But one of Hillsborough County's most aggressive DUI deputies may have wrongly sent dozens of people to jail, the Sheriff's Office acknowledged Thursday.
The agency fired Brock on May 24.
In one year, Brock arrested 58 people whose blood-alcohol content was below 0.08, the level at which state law presumes a driver is impaired, an internal affairs audit showed.
"I don't prescribe to the theory that somehow you have to be 0.08 to be drunk or impaired, " Brock, 38, told investigators.
A driver may be charged with DUI if the blood-alcohol level is between 0.05 and 0.08 percent, but there must be other evidence of impairment, such as a swerving vehicle.
In 43 of those 58 cases, motorists demonstrated no visible impairment behind the wheel, according to an internal affairs report made public Thursday. In 41 arrests, Brock also failed to make a case with urine samples, the report states.
Repeatedly, investigators found Brock reported failures in field sobriety tests when his patrol car video camera documented the opposite. He wrote, for instance, that a driver on Oct. 25, 2005, lost balance while turning. The video of the encounter showed that wasn't the case. The driver blew a 0.01 in the breath test but was arrested anyway.
He said drivers incorrectly recited the alphabet, used arms for balance and slurred speech - when the video showed correct alphabets, perfect balance and clear speech.
Brock told investigators he believed the drivers were all impaired.
"My goal is to go there, process the person and be gone, out to the next one, " he said.
Records show he pulled people over on DUI stops 17 times while his cruiser was occupied with other prisoners. That's against procedure.
He routinely filed arrest reports days, even weeks, after making an arrest. He told internal affairs Detective Bruce Crumpler that he always reported the results of field sobriety tests based on memory.
Wouldn't that leave room for errors, Crumpler asked?
"Well, there's room for error, " Brock told Crumpler. "I've never had a problem."
His paperwork became the subject of scorn at the Hillsborough State Attorney's Office, where prosecutors said the deputy tarnished his reputation by filing inaccurate arrest reports that lacked important details.
"He doesn't have a very good reputation for being a very good DUI officer that we care to work with, " prosecutor Jennifer Gabbard told Crumpler. "It's almost like whatever you can do to make it look like you're arresting people."
From October 2005 to October 2006, Brock made 313 arrests for driving under the influence.
He failed to activate his cruiser's audio and video equipment in 40 percent of his stops, instead relying on his "wrought memory" to recall important arrest details, the audit showed.
Within the Sheriff's Office, Deputy Brock previously had been praised for his "outstanding professional service" and was consistently recommended for raises. His superiors rated his performance "satisfactory" and called him a credit to the office.
He was lauded as a dedicated deputy who spoke to high school students about the perils of impaired driving.
"We always felt he was a good officer, " said Becky Gage, 55, the victim advocate for Hillsborough's MADD chapter. "As long as officers are within the scope of the law, then we support their efforts to remove impaired drivers."
But there were a few bumps in the road.
He was suspended and sent to driving school in 2000 after a string of what the Sheriff's Office deemed avoidable traffic accidents.
In 2006, he was named in a federal lawsuit alleging that he physically attacked the mother of a teenage boy he arrested in 2002. The Hillsborough County woman said Brock forced himself into her home, pushed her into a corner and sprayed her with pepper spray. The lawsuit is unresolved.
During the recent internal affairs investigation, Brock denied trying to boost numbers for personal recognition.
It was unclear Thursday whether Brock intends to appeal his firing.
He told investigators that given the chance, he would conduct his DUI stops the same way.
Said Brock: "I mean, perfect world, we need more deputies and fewer people."

Top DUI Cop Refuse Breath Test

2009-03-14T07:31:00.000-05:00

PEKIN, Ill. - An off-duty central Illinois police officer honored two years ago for cracking down on drunken driving has been charged in an alcohol-related crash that injured 10 people.Greg Heiken, 37, a 13-year veteran of the El Paso police department, was charged Tuesday with driving under the influence of alcohol, aggravated DUI and failure to reduce speed to avoid an accident.Heiken, honored by the Illinois Department of Transportation's traffic safety division in 2004 for making the most DUI arrests in Woodford County
Rear-ended an SUV, triggering a chain-reaction crash.
Two people had to be extricated; no life-threatening injuries.
Refused Breathalyzer, so authorities drew his blood.
Faces up to three years in prison on felony aggravated DUI.

Top DUI cop charged in crash that hurt 10

2009-03-14T07:27:00.001-05:00

Top DUI cop charged in crash that hurt 10

2009-03-14T07:27:00.000-05:00

Going to Canada? Better Check Your Past

2009-03-14T07:18:00.004-05:00

Visitors with minor criminal records turned back at border
C.W. NEVIUS
Friday, February 23, 2007
There was a time not long ago when a trip across the border from the United States to Canada was accomplished with a wink and a wave of a driver's license. Those days are over.
Take the case of 55-year-old Lake Tahoe resident Greg Felsch. Stopped at the border in Vancouver this month at the start of a planned five-day ski trip, he was sent back to the United States because of a DUI conviction seven years ago. Not that he had any idea what was going on when he was told at customs: "Your next stop is immigration.''
Felsch was ushered into a room. "There must have been 75 people in line," he says. "We were there for three hours. One woman was in tears. A guy was sent back for having a medical marijuana card. I felt like a felon with an ankle bracelet.''
Or ask the well-to-do East Bay couple who flew to British Columbia this month for an eight-day ski vacation at the famed Whistler Chateau, where rooms run to $500 a night. They'd made the trip many times, but were surprised at the border to be told that the husband would have to report to "secondary'' immigration.
There, in a room he estimates was filled with 60 other concerned travelers, he was told he was "a person who was inadmissible to Canada.'' The problem? A conviction for marijuana possession.
In 1975.
Welcome to the new world of border security. Unsuspecting Americans are turning up at the Canadian border expecting clear sailing, only to find that their past -- sometimes their distant past -- is suddenly an issue.
While Canada officially has barred travelers convicted of criminal offenses for years, attorneys say post-9/11 information-gathering, combined with a sweeping agreement between Canada and the United States to share data, has resulted in a spike in phone calls from concerned travelers.
They are shocked to hear that the sins of their youth might keep them out of Canada. But what they don't know is that this is just the beginning. Soon other nations will be able to look into your past when you want to travel there.
"It's completely ridiculous,'' said Chris Cannon, an attorney representing the East Bay couple, who asked that their names not be used because they don't want their kids to know about the pot rap. "It's a disaster. I mean, who didn't smoke pot in the '70s?''
We're about to find out. And don't think you are in the clear if you never inhaled. Ever get nabbed for a DUI? How about shoplifting? Turn around. You aren't getting in.
"From the time that you turn 18, everything is in the system,'' says Lucy Perillo, whose Canada Border Crossing Service in Winnipeg, Manitoba, helps Americans get into the country.
Canadian attorney David Lesperance, an expert on customs and immigration, says he had a client who was involved in a fraternity prank 20 years ago. He was on a scavenger hunt, and the assignment was to steal something from a Piggly Wiggly supermarket. He got caught, paid a small fine and was ordered to sweep the police station parking lot.
He thought it was all forgotten. And it was, until he tried to cross the border.
The official word from the Canadian Border Services Agency is that this is nothing more than business as usual. Spokesman Derek Mellon gets a little huffy when asked why the border has become so strict.
"I think it is important to understand that you are entering another country,'' Mellon says. "You are not crossing the street.''
OK, but something changed here, didn't it?
"People say, 'I've been going to Canada for 20 years and never had a problem,' '' Lesperance says. "It's classic. I say, 'Well, you've been getting away with it for 20 years.' ''
A prior record has always made it difficult to cross the border. What you probably didn't know was that, as the Canadian Consulate's Web site says, "Driving while under the influence of alcohol is regarded as an extremely serious offense in Canada.''
So it isn't as if rules have stiffened. But what has changed is the way the information is gathered. In the wake of 9/11, Canada and the United States formed a partnership that has dramatically increased what Lesperance calls "the data mining'' system at the border.
The Smart Border Action Plan, as it is known, combines Canadian intelligence with extensive U.S. Homeland Security information. The partnership began in 2002, but it wasn't until recently that the system was refined.
"They can call up anything that your state trooper in Iowa can,'' Lesperance says. "As Canadians and Americans have begun cooperating, all those indiscretions from the '60s are going to come back and haunt us.''
Now, there's a scary thought. But the irony of the East Bay couple's situation is inescapable. Since their rowdy days in the '70s, they have created and sold a publishing company, purchased extensive real estate holdings and own a $3 million getaway home in Lake Tahoe.
"We've done pretty well since those days,'' she says. "But what I wonder is how many other people might be affected.''
The Canadian Border Services Agency says its statistics don't show an increase in the number of travelers turned back. But Cannon says that's because the "data mining'' has just begun to pick up momentum.
"It is too new to say,'' he says. "Put it this way. I am one lawyer in San Francisco, and I've had four of these cases in the last two years, two since January. And remember, a lot of people don't want to talk about it (because of embarrassment).''
Asked if there were more cases, attorney Lesperance was emphatic.
"Oh, yeah,'' he says. "Just the number of calls I get has gone up. If we factor in the greater ability to discover these cases, it is just mathematically logical that we are going to see more.''
The lesson, the attorneys say, is that if you must travel to Canada, you should apply for "a Minister's Approval of Rehabilitation" to wipe the record clear.
Oh, and by the way, if you don't need to travel to Canada, don't think you won't need to clear your record. Lesperance says it is just a matter of time before agreements are signed with governments in destinations like Japan, Indonesia and Europe.
"This,'' Lesperance says, "is just the edge of the wedge.''
Who would have thought a single, crazy night in college would follow you around the world?
Rules for getting
into Canada For more information on offenses that prohibit entry to Canada, go to the Canadian Consulate's Web site

Actual Innocence Is Irrelevant

2009-03-14T07:13:00.002-05:00

Drugged Driving: Michigan Supreme Court Upholds State DUID Law -- Now You Don't Even Have to Be High to Get Busted
If you smoke a joint Friday night and drive to work bright-eyed and bushy-tailed Monday morning in Michigan, you can be arrested, charged, and convicted as a drugged driver because inactive chemical traces of THC, or metabolites, remain in your bloodstream. The Michigan Supreme Court ruled Wednesday that motorists can be convicted of Driving Under the Influence of Drugs (DUID) even if they are not under the influence of drugs. According to the Supreme Court opinion in the consolidated cases Derror v. Michigan and Kurts v. Michigan authored by Justice Maura Corrigan, actual innocence of driving while impaired is "irrelevant."
In both cases, authorities charged the defendants under the Michigan DUID law based on the presence of cannabis metabolites, an inert byproduct of the body's breakdown of THC, in their blood. The presence of metabolites does not indicate impairment or being "under the influence"; it only indicates that someone ingested THC at some time in the past, as the state Supreme Court acknowledged in its ruling. Both trial courts held that the metabolite was not "marijuana" and thus not a controlled substance under state law, a position upheld on appeal.
But a majority on the Supreme Court disagreed. Neither the DUID nor the controlled substances law "requires that a substance have pharmacological properties to constitute a schedule I controlled substance," the majority held. Neither does the DUID law "require that a defendant be impaired while driving. Rather, it punishes for the operation of a motor vehicle with any amount of schedule I controlled substance in the body."
Then, breathtakingly, Justice Corrigan wrote, "It is irrelevant that a person who is no longer 'under the influence' of marijuana could be prosecuted under the statute. If the Legislature had intended to prosecute only people who were under the influence while driving, it could have written the statute accordingly."
Now, any Michigan driver who has smoked marijuana in the last few days or, in the case of heavier smokers, up to three or four weeks, is subject to a DUID arrest based on the presence of inert leftover metabolites that do not actually indicate impairment. In a harsh dissent, Justice Michael Cavanaugh warned the court it would criminalize a huge class of people.
"Today's holding now makes criminals out of numerous Michigan citizens who, before today, were considered law-abiding, productive members of our community," he wrote. "Now, if a person has ever actively or passively ingested marijuana and drives, he is [unknowingly] breaking the law, because if any amount of [cannabis metabolites] can be detected -- no matter when [the marijuana] was previously ingested -- he is committing a crime. The majority's interpretation, which has no rational relationship to the Legislature's genuine concerns about operating a motor vehicle while impaired, violates the United States Constitution and the Michigan Constitution."
The ruling could have an impact beyond Michigan. Twelve other states have enacted laws making it a criminal offense to drive under the influence of drugs. They use standards similar to those upheld this week -- the presence of trace levels of drugs or metabolites -- to assume impairment. Unlike drunk driving laws, which assume a certain blood alcohol level after which one is considered impaired, the DUID laws assume that the presence of any metabolite or trace proves impairment.

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Trust Me--I'm From the Government

Judge disses drunken driving tipsters

147 cases in police lab mess called 'tip of iceberg'

SMILE YOU'RE ON COP-CAR CAMERA

Top DUI Deputy Fired after Investigation; may have wrongly jailed many

Top DUI Cop Refuse Breath Test

Top DUI cop charged in crash that hurt 10

Top DUI cop charged in crash that hurt 10

Going to Canada? Better Check Your Past

Actual Innocence Is Irrelevant