New Oklahoma DUI Law Takes Effect November 1
The bills passed into law by the Oklahoma legislature will take effect tomorrow, November 1, 2011. Among the 186 new laws will be tougher traffic laws that strengthen the penalty for Oklahoma DUI and other traffic offenses.
Senate Bill 529, authored by Sen. Clark Jolley, R-Edmond, becomes effective tomorrow and strengthens existing DUI penalties. The Erin Elizabeth Swezey Act, named for a 20-year-old Edmond woman killed when she was involved in an accident with an intoxicated driver, will allow ignition interlock to be installed on a driver's car on the first DUI conviction. Previously, ignition interlock was only used on a second or subsequent Oklahoma DUI conviction. The driver in Erin Swezey's accident, who was also killed, had a blood alcohol concentration of 0.29 and had prior DUI convictions.
Under the new law, drivers with a BAC of 0.15 or greater on a first offense will have ignition interlock installed at their own expense and be required to have it for 18 months. A second DUI conviction with a BAC of 0.08 or greater will result in ignition interlock for four years, and subsequent offenses require the device for five years. Drivers required to have ignition interlock installed on their vehicles will be prohibited from driving any vehicle without the device, and their driver's licenses will be stamped with "Interlock Required," making it easy for police officers to ascertain whether or not the driver is legally driving the vehicle.
Another way the new law makes DUI penalties more severe is by removing a judge's ability to accept a plea agreement to a lesser charge. This will take away one DUI defense option for Oklahoma DUI lawyers. The only DUI defense will now be to get the charge completely dismissed or to obtain a not guilty verdict.
Senate Bill 529 is only one of nearly 200 bills taking effect tomorrow. Another law taking tougher action against traffic offenses is House Bill 1507, also called "Aaron's Law," which targets reckless driving. One example of a penalty under this law is the 12-month driver's license suspension for anyone who passes a stopped school bus loading or unloading passengers. The license revocation is in addition to existing penalties of a $249 fine and four demerit points against the driver's license, and there are no exceptions granted to the suspension. The year's suspension also applies to reckless driving and failing to obey a traffic signal resulting in great bodily injury.
With significantly tougher penalties for DUI and traffic offenses, it is more important than ever for those facing criminal charges to seek legal counsel from an experienced reckless driving lawyer or DUI lawyer in Oklahoma City. Your rights are in jeopardy, and only skillful defense can adequately protect you from unnecessary consequences.
Recent Oklahoma City Child Sexual Assault Cases
An Edmond man who disappeared during his Oklahoma child molestation trial and an Oklahoma City man who pleaded no contest to multiple charges of lewd acts with a minor in Oklahoma are scheduled for sentencing in December. Each man faces the possibility of life in prison in the separate sex crime convictions.
Kent Savage, 48, was convicted of fourteen counts of Oklahoma child sexual abuse: ten counts of lewd acts with a child, two counts of rape by instrumentation and two counts of exhibiting obscene material to a child. He was convicted after failing to appear in court for the fourth day of his trial in June. Savage, who skipped town, was found in Georgia early in September. He was staying at the home of his ex-wife and his two children. Though he fought extradition, he was returned to Oklahoma City. He was arraigned Monday and is scheduled for sentencing on December 1. Prosecutors have recommended that Savage receive two sentences of life in prison.
Also scheduled for sentencing in December is Arlin Arthur Mauer, 81, of Oklahoma City. Mauer pleaded no contest last week to eight counts of child molestation. Though he was originally scheduled to stand trial on thirty-five counts, prosecutors dropped all but eight counts as part of a plea agreement with Mauer's Oklahoma City sex crime defense attorney. Mauer pleaded no contest to four counts of lewd acts with a child under 16, two counts of exhibiting obscene material to a child, and two counts of forcible oral sodomy. He is accused of molesting two girls, aged 8 and 9, inside an RV that was parked at the home of one of the victims. Mauer faces a life sentence in return for his plea of no contest.
If you have been charged with a sexual offense in Oklahoma City, it is imperative to seek swift and sound legal counsel from and experienced Oklahoma sex crime lawyer. All sex crimes are prosecuted harshly, but perhaps none more so than sex crimes against children or minors under the age of 16. The rights of the accused are restricted beginning immediately after an accusation and prior to any evidence of the accuracy or validity of the assault claim. The Oklahoma City sex offense lawyers with Phillips and Bailey are committed to protecting the rights of the accused.
Personal Information in Oklahoma Court Records
The Oklahoma Supreme Court is currently considering whether or not to limit access to personal information in court records. Some of the items which would be excluded from court records include birth dates and addresses; identifying numbers such as Social Security numbers and driver's license numbers would be limited to the last four digits only. Names of children would be eliminated from court records, and minors would be referred to by initials only. This measure, if enacted, is designed to offer privacy protection to those mentioned in court records.
As with any proposed ruling, the new rules have proponents and opponents. Those in support of the rules are in favor of the privacy and protect such measures would provide. They claim that the rules may cut down on identity theft. Those who oppose the new laws argue that identity theft generally occurs through computer hacking, not from information in public records, and say that restricting this information violates Freedom of Information.
One key effect the new privacy rules might have is argued as both a pro and a con, depending on whether you ask supporters or opponents. By eliminating certain personally identifying information, criminal background checks become more difficult.
For those with criminal records, having this information removed from court records means that they do not have to be burdened unnecessarily by minor crimes showing up on an employment background check--or on a personal background check. If an Oklahoma expungement of the crime is not possible, the new rules might provide some relief. Though the record is not cleared, it becomes much more difficult for a criminal history to be detected from public records in a casual search, particularly if the person being investigated has a common name.
Those that are against the new rulings say that media, employers, and even prospective romantic partners will have a harder time verifying a person's criminal background.
The Oklahoma Supreme Court is asking for public opinion regarding the proposal by November 4, 2011. The Court is attempting to balance privacy and openness as more and more court records for civil, criminal, and divorce proceedings are publicly available online.
If you have a criminal record and have been burdened by background checks, then new rules might provide some relief. However, if you truly want your record cleared, contact an Oklahoma criminal defense attorney to see if you qualify for an expungement of your Oklahoma criminal record.
Illegal Traffic Stops and Oklahoma DUI Defense
One of your rights under the United States Constitution is the right to be free from unreasonable search and seizure. Inherent in this right is protection from being pulled over without probable cause in a traffic stop. If you were stopped or searched without probable cause, an Oklahoma criminal defense attorney may be able to get your case dismissed, keeping you from criminal conviction.
One common application of this defense strategy is in Oklahoma DUI defense. In order for a police officer to lawfully pull you over on suspicion of DUI, he or she must have probable cause for the traffic stop. In other words, he or she must have observed behavior that lends the officer to believe the driver may be impaired. Driving late at night or in the pre-dawn morning is not sufficient cause for a driver to be stopped. Neither is driving past an officer who is stopped near a bar or nightclub. Rather, an officer must observe driving behaviors that are either clear traffic violations or known indicators of intoxication.
The National Highway Traffic Safety Administration (NHTSA) has developed a chart that outlines indicators for reasonable suspicion of DUI. Any driving action that reflects a more than 25% likelihood of intoxicated driving is considered acceptable as probable cause for a traffic stop. Some of these indicators include:
- Driving without headlights at night (30% probability)
- Driving into oncoming traffic (45% probability)
- Tailgating (45% probability)
- Drifting between lanes (50% probability)
- Driving excessively slowly - at least 10 mph below the posted limit (50% probability)
- Weaving between lanes (60% probability)
- Near-collision with another vehicle or object (60% probability)
Though items with greater than 25% probability of intoxicated driving provide probable cause for a traffic stop, items with a greater than 50% probability of an impaired driver give an officer reasonable suspicion for further DUI testing, including field sobriety tests and portable breath tests. Many DUI defense attorneys in Oklahoma City recommend that you decline field sobriety tests and roadside breath tests, as these serve to give officers probable cause for your DUI arrest. They are not designed to help you clear your name and be on your way.
If you were pulled over without probable cause, you were subject to an unlawful traffic stop. This violation of your rights may lead to the case against you being dismissed entirely, regardless of the results of your blood test. Any evidence gained from an illegal traffic stop is inadmissible. If you have been arrested for DUI in Oklahoma City, call an Oklahoma DUI defense attorney to ensure that your rights are protected. It is important that you tell your DUI lawyer everything you can about your traffic stop and subsequent arrest. If an officer did not have probable cause or reasonable suspicion for your stop or arrest, your attorney will likely be able to use the illegal traffic stop as a key element in your defense.
For more information about DUI defense in Oklahoma, contact the experienced attorneys with Phillips & Bailey at (405) 607-1177.
About Tax Fraud in Oklahoma
One type of white collar crime defense handled by an Oklahoma fraud attorney is tax fraud. Tax fraud can take any number of forms that an individual or business may take to avoid paying the full amount of taxes owed. This can result from tax evasion, failure to file, fraudulent tax deductions, claiming false dependents, and more.
Though it is estimated that 17% of all individual tax returns have some error, serious cases of intentional fraud are prosecuted heavily. Tax evasion or tax fraud can lead to fines, tax penalties, accrued interest, liens, bank levies, wage garnishment, and seizure of assets. Tax crimes are also punishable by lengthy prison sentences.
A government study revealed that the majority of tax fraud--up to 75%--is committed by individual tax payers rather than businesses and corporations. Individual tax fraud is committed primarily by middle income earners.
However, tax evasion reaches headlines when a large corporation or, even more attention-getting, a celebrity is accused. Some of the most famous people accused of tax fraud include:
- Martha Stewart - Did not pay $220,000 in taxes on a Hamptons vacation home
- Wesley Snipes - Claimed he was a "nonresident alien," despite being born in Florida; sentenced to three years in jail and required to pay $17 million in back taxes
- Willie Nelson - Faced $16.7 million in back taxes; when his assets were seized and auctioned, many fans bought the items and returned them to the beloved country singer
- Nicholas Cage - Accumulated $12 million in back taxes and the foreclosure of his multi-million dollar Las Vegas home; Cage blamed his financial manager
- Joe Francis - The producer of Girls Gone Wild was accused of taking $20 million in fraudulent deductions
Other famous people accused of tax evasion include Judy Garland, Al Capone, and--to a lesser degree--"Survivor" Richard Hatch, who didn't report his $1 million prize, income earned as a radio host, or profits from real estate rental.
Failing to report income and assets is just one method for attempting to avoid paying taxes. Tax fraud can take other forms as well, such as when a business keeps two sets of books, doesn't keep books at all, or manufactures or alters checks and receipts.
Tax fraud investigations are conducted by government agencies such as the Internal Revenue Service. Backed by the full force of the government, these investigations are usually quite thorough, and the individual suspected may not even realize he or she is under investigation until he or she is arrested or charged. For white collar defense in Oklahoma, contact a fraud lawyer who is experienced at handling Federal fraud cases.
Oklahoma Law Releases Nonviolent Offenders Beginning Nov. 1
A new Oklahoma law taking effect November 1, 2011, will alleviate prison overcrowding and address the number of low risk, nonviolent offenders incarcerated in the state. The law will allow certain nonviolent offenders to complete their sentencing outside of jail or prison, using ankle monitoring. According to Oklahoma Department of Corrections officers, up to 300 inmates could be released beginning November 1 as a result of the new law. Though some prosecutors known for taking a hard, inflexible stand are critical of the new law, many Oklahoma criminal defense attorneys see the new law as a just maneuver to allow their nonviolent clients to serve an acceptable sentence.
Many of those impacted by the new law are low-risk female inmates, many of whom were convicted of Oklahoma drug crimes and were sentenced under some of the toughest drug laws and drug sentencing penalties in the nation. Under the new law, these people will be released into an ankle monitoring program, freeing up prison space and resources for violent offenders and others who may be considered a threat to public safety. According to one proponent of the law, House Speaker Kris Steele, R-Shawnee, the goal of the law is not just to address prison overcrowding, but to promote public safety by allowing Corrections resources to focus on high-risk, violent offenders.
The new law changes how prison sentences will be served by those convicted of certain nonviolent offenses. Previously, inmates were not eligible for release into an ankle monitoring program until all but 11 months of the sentence was served behind bars. Under the new law, many of those convicted of nonviolent offenses and sentenced to less than five years will be eligible for ankle monitoring and release after only 90 days. Some prosecutors argue that they will now push for sentences of only five years or greater to circumvent the early release; such adaptation makes it even more critical that defendants hire an aggressive, experienced Oklahoma criminal lawyer to help combat prosecutors' attempts to strengthen sentencing to get around the new law.
According to corrections officers and proponents of the law, not every inmate will be eligible after 90 days of incarceration, and that most will serve longer sentences. Other circumstances are considered as well. Originally, over one thousand inmates were considered for early release into the ankle monitoring program, but the list has now been whittled to just a few hundred. Among considerations is whether or not an inmate has a stable residence to return to.
Nonviolent offenses which may be eligible for the program include embezzlement and other white collar crimes, DUI, burglary, theft, and drug crimes. According to Corrections Department Director Justin Jones, ankle monitoring has a success rate of 90 percent for women in the program and 86 percent for men.
GPS ankle monitoring is not new, but it is going to be expanded under the new law, alleviating prison crowding, directing Corrections resources to threats to public safety, and allowing successful re-entry to society for low-risk offenders convicted of nonviolent crime.
Domestic Abuse – Assault and Battery
Phillips and Bailey had a new dismissal today in Pontotoc County Court. The case was a domestice abuse and assault & battery .
Oklahoma Sex Crimes Involving Youth Workers
Anyone can be accused of a sex crime against a minor in Oklahoma. Some occupations, however, are at particular risk. Teachers, day care workers, youth ministers, coaches, and others who spend their days in close contact with children and young adults may be more likely to be accused of lewd acts in Oklahoma simply because of the amount of time they spend with young people. Close, yet professional, relationships may be misconstrued, young people with crushes on their mentors may fabricate an inappropriate relationship, and angry youth may try to take revenge on an adult by making false accusations. Those accused of sexual contact with a minor may face charges of rape, second degree rape, lewd acts with a minor, forcible oral sodomy, or other sex offenses. For those accused of any of these crimes, the best outcome lies in protecting one's rights and building a strong defense by hiring an Oklahoma City sex crimes lawyer.
Last week, three Oklahomans made local headlines based on allegations of improper sexual contact with young people with whom they worked.
- On Wednesday, October 5, a student at Douglass High School in Oklahoma City reported to police that a school employee made sexually suggestive comments to her on two occasions. The employee was not identified as a teacher by police; however, the alleged incidents were said to have taken place in a football equipment room and in a classroom. The accuser claims that the school employee made suggestive statements to her in the equipment room, and she left. She says that a week later, the man asked her to sit by him at her desk and wrote notes to her asking if she wanted to kiss him. According to school officials, the employee has been suspended during the investigation. It is not clear whether the accused has retained an Oklahoma City sex crime defense attorney, but since he has been removed from his job even prior to an arrest, it seems likely that hiring a lawyer immediately would be in his best interest.
- On Thursday, October 6, the Oklahoma rape lawyer for Tyrone Nash, a basketball coach at Western Heights High School in Oklahoma City, argued that the case against his client should be dismissed. Nash was charged with five counts of forcible oral sodomy and five counts of second degree rape after a student claimed she had been involved in a sexual relationship with the coach. Nash's attorney argued that his client had passed a lie detector test in which he stated that he had never been sexually involved with the student, and therefore, his case should be dismissed. Nash previously had his bail reduced from $500,000 to $50,000 after his attorney argued that he was not a flight risk. Nash continues to maintain his innocence, and his lawyer says that his client will plead not guilty.
- On Friday, October 7, a Tulsa area youth minister was arrested and charged with multiple counts of first degree rape, lewd acts to a child, and lewd molestation in five felony cases. Joe Cheater, Jr., 39, was charged in Rogers County for alleged incidents involving girls aged 9 to 14. The alleged sexual abuse was said to have begun in January 2006.
Being accused of a sex crime has an immediate impact on one's personal and professional life. In cases of sex crimes against children, the accused is often treated as if he or she is guilty prior to any evidence supporting the accusation, based simply on the words of the accuser. It is critical that the accused seek immediate counsel from an experienced sex crimes defense lawyer in Oklahoma.
Prescription Fraud in Oklahoma
Fraud is the misrepresentation of oneself or one's personal information for some type of personal gain--generally financial gain. Insurance fraud, bank fraud, and Medicare fraud are each types of fraud that are perpetrated for financial gain. However, another growing type of fraud in Oklahoma is prescription drug fraud. Prescription fraud may be carried out for profit as corrupt physicians sell prescriptions or as individuals sell illegally obtained prescriptions, but it may also be carried out by those suffering from addiction in an effort to obtain drugs for personal use.
What is prescription fraud? Prescription fraud refers to prescribing or obtaining prescription drugs that are not medically necessary. There are several ways in which prescriptions fraud may be perpetrated:
- Using a stolen physician's prescription pad
- Altering a legitimate prescription in order to receive an increased quantity of a prescribed drug
- Forging prescriptions
- Calling in one's own prescriptions and providing a personal number for callback information
- "Doctor shopping," or visiting several doctors to receive prescriptions unbeknownst to the other physician
Furthermore, an unscrupulous physician may sell unneeded prescriptions to "patients" looking to sell or abuse the prescription drugs.
Prescription fraud in Oklahoma is a serious concern. Some studies show that 2-4% of the national population abuses prescription drugs. The drugs most commonly purchased or abused in prescription fraud cases include Vicodin, Valium, Xanax, Oxycontin, and morphine. Benzodiazepines, such as Xanax and Valium, are often used legally to treat anxiety and also work as sedatives and muscle relaxers. Oxycontin, Vicodin, and morphine are powerful and highly addictive painkillers.
Prescription fraud is a felony drug crime in Oklahoma and may be charged as a Federal offense. Health care providers who illegally provide prescriptions may not only face jail time and fines, but they are likely to lose their licenses to practice medicine and receive sanctions by the American Medical Association.
The Oklahoma Anti-Drug Diversion Act implemented the Oklahoma Prescription Monitoring Program (PMP), overseen by the Oklahoma Bureau of Narcotics and Dangerous Drugs, in an effort to combat prescription drug abuse and prescription fraud.
If you are accused of involvement in prescription fraud, it is important that you contact an experienced Oklahoma criminal lawyer as soon as possible to help with your defense. Your attorney can thoroughly evaluate your case for the best defense strategy, whether that entails negotiating a reduced charge or sentence, defending your innocence, or challenging police procedure to demonstrate illegal search and seizure.
For more information about prescription fraud defense, call Phillips and Bailey to speak with an experienced criminal defense attorney in Oklahoma City.
Lewd Acts, Public Drunkeness, and Assault & Battery
The case against one of our clients was dismissed today in District Court. This client was charged with 3 crimes:
- Lewd Acts
- Public Drunkeness
- Assault and Battery
If you need help with your criminal charges, contact Phillips and Bailey today to see how they can assist with your case.