What Not To Do When Being Stopped For DUI

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

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

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

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

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

John Hunsucker
Oklahoma City DUI Attorney

Bruce Edge
Tulsa DUI Attorney

DUI Police Officer LIES in court--sent to jail

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

Dirty DUI Cop

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

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