Murder Charge Filed in DUI Death of Oklahoma Singer
A 22-year old Norman man has been charged with second-degree murder and related charges after an Oklahoma City DUI accident in April claimed the life of jazz vocalist Ashlee Madison. Justin T. Hill, 22, was charged with second degree murder, leaving the scene of a personal injury accident, and causing a personal injury accident while under the influence of intoxicating liquor. His Oklahoma defense attorney had no public comment regarding the charges.
The fatal accident occurred in the early hours of April 17, 2010. Justin Hill was allegedly driving the wrong way on Interstate 235, heading south in the northbound lanes near the I-35 and I-40 junction, when he struck a car in which Madison was a passenger. Madison, a University of Oklahoma student and mother to an 18-month old child, was returning home from a jazz performance at the time of the accident.
After the head-on collision, Hill continued driving until lost control of his vehicle and rolled it. According to court affidavits, Hill's blood alcohol content after the accidents was .22, nearly three times the legal limit of .08.
Second degree murder in Oklahoma occurs when a death is the result of "an act imminently dangerous to another person and evincing a depraved mind, regardless of human life, although without any premeditated design to effect the death of any particular individual." This means that, while the perpetrator did not plan the death of another person, he or she engaged in dangerous activities without regard for the lives of others. In Oklahoma, a second degree murder conviction can lead to a sentence of ten years to life in prison.
Those arrested or charged with DUI need to consult an Oklahoma City DUI defense lawyer as soon as possible to help understand their options for protecting their rights. If one is suspected of DUI in an accident resulting in the injury or death of another person, the consequences become much more severe. An experienced criminal defense attorney in Oklahoma has the knowledge to help the accused fight unjust charges and maintain his or her legal rights.
Man Held on $1 Million Bond after Continued Oklahoma Traffic Offenses
Reapeat offenders of any crime face harsher consequences as they continue to break the law. Oklahoma defense attorneys see many cases where the punishment is based on the defendant's history and seems to be too severe for the alleged crime. The case of a man being held on $1 million bond for traffic violations perfectly illustrates the point.
Pacer Wynn Gooding, 42, was arrested last week and charged with his second Oklahoma DUI with a blood alcohol concentration of .08, the state's legal limit. Under Oklahoma law, a second DUI within ten years of the first conviction is charged as a felony. If convicted, the driver faces a jail sentence of one to five years.
Gooding was found with marijuana at the time of his arrest and was also charged with Oklahoma possession of a controlled substance and driving while suspended.
While charges against Gooding are serious, having bail set at $1 million seems unwarranted at first glance. However, Gooding's history of traffic offenses is so extensive that prosecutors deemed him "a threat to society." Gooding's most recent arrest was not only his second DUI arrest, but also his fifth incident of possession of marijuana and his eighteenth charge of driving while suspended. An Oklahoma judge agreed that being a serial traffic offender made Gooding a menace to the general public and set the million dollar bond. Gooding's Oklahoma DUI lawyer was not available for comment.
Pacer Wynn Gooding's prodigious police record dates back nearly 25 years and, in addition to the charges listed above, includes charges of transporting an open container, second-degree burglary, malicious injury of property, grand larceny, concealing stolen property, leaving the scene of an accident, four counts of second-degree forgery and numerous traffic offenses.
A bond of $1 million for traffic offenses shows that a judge is unlikely to show leniency in sentencing if Gooding is convicted. His Oklahoma DUI defense attorney will have to work diligently to overcome judicial prejudices and ensure his constitutional rights are upheld.
Defective Breathalyzers Result in Wrongful DUI Convictions
When trying DUI cases, prosecutors and judges rely heavily on the results of clinical tests such as the breathalyzer to determine an accused person's level of intoxication. In Oklahoma, if these tests reveal a driver's blood alcohol concentration (BAC) to be .08 or higher, that person is found guilty of driving under the influence. Oklahoma City DUI lawyers, however, understand that these tests are not necessarily foolproof. Defective equipment and improperly calibrated machines can skew the results of a sobriety test, and attorneys argue that such tests should not be the primary evidence in a DUI conviction. The results of a recent investigation in our nation's capital help solidify that argument for DUI defense attorneys throughout the country.
Earlier this year, an independent consultant for the capital's police department determined that the majority of the department's Intoxilyzer machines were calibrated incorrectly and were giving inflated BAC measurements. This discovery launched an investigation, the results of which were released last week. The investigation revealed that, in actuality, not most, but all of the department's Intoxilyzers were defective. The equipment gave readings up to 20% higher than a person's actual BAC. According to the Attorney General, results were used in 400 DUI convictions; however, DUI defense lawyers claim that finding to be inaccurate, saying the actual number of people affected by these flawed results may be in the thousands. Approximately half of the 400 acknowledged convictions resulted in jail time. As a result of the outcome of the investigation, requests for expungements and new trials are flooding the offices of DUI lawyers. Lawsuits are sure to follow, with at least one already filed on behalf of the wrongfully convicted.
The discovery of defective sobriety testing equipment is not surprising to Oklahoma DUI defense attorneys. They know that human error and equipment failure can result in false assumptions of DUI. From poor officer training in administering field sobriety tests to mishandling of lab results to improperly calibrated equipment, there are a number of ways the results of a DUI test can be flawed and inaccurate. The faulty Intoxilyzers call into question the validity of at least 400 DUI convictions--and call into question the supposed infallibility of such "clinical" evidence in police departments around the country.
Oklahoma Mayor Receives DUI Sentence and Faces Embezzlement Trial
The mayor of Eufaula, Oklahoma, appeared before two judges last week as a result of a DUI arrest and embezzlement allegations. In the first appearance, Mayor Dean Smith pleaded guilty to charges stemming from his DUI arrest, including misdemeanor charges of driving under the influence, transporting an open container of alcohol, and failing to obey a traffic signal. Smith's Oklahoma DUI lawyer did not reach a deal with prosecutors in exchange for the guilty plea, and Smith was given a one-year deferred sentence and ordered to undergo drug and alcohol assessments and pay a $900 fine.
In Smith's second appearance before a judge later the same day, he was ordered to stand trial on four felony counts of embezzlement by a public officer. The charges stem from allegations that Mayor Smith used his position as a city official to obtain about $200 in city money. Allegedly, Smith used a city credit card to purchase gasoline and was later reimbursed for the purchases.
One day after embezzlement charges were filed against him, Mayor Smith suspended Eufaula Police Chief Don Murray. Smith says that disciplinary action against the police chief was unrelated to the embezzlement investigation. He later asked the city council to review Murray's employment, and Murray was reinstated.
While embezzlement of property valuing less than $500 is generally a misdemeanor under Oklahoma embezzlement law, the statutes make special provisions for embezzlement by public officials. Misdemeanor embezzlement is punishable by up to one year in jail and/or a $1,000 fine. Embezzlement by a public officer, however, is a felony. If convicted, Mayor Smith faces a minimum one year sentence, fines totaling triple the amount embezzled, and restitution. Smith's Oklahoma white collar crime attorneys will be ready to defend him at trial on July 1.
Oklahoma DUI Laws Allow Convictions of Drivers “Below the Limit”
Every spring, with the arrival of proms and graduations, high schools across Oklahoma focus their attention on drunk driving prevention. Organizations such as Students Against Drunk Driving (SADD) conduct assemblies and programs outlining the devastating consequences that can occur as a result of drinking and driving. Most of these programs highlight emotional stories of tragic and fatal drunk driving accidents. Few of them, however, focus on the legal aspects of a DUI conviction or inform these young drivers that even one drink before driving can lead to a conviction for driving under the influence.
Most people realize that a Blood Alcohol Concentration (BAC) of .08 is the standard for intoxication in all 50 states, and assume that if they have had very little to drink, their BAC is below the legal limit. Many people do not realize, however, that Oklahoma also allows for DUI and DWI convictions with a BAC of below .08. For example, Oklahoma has zero tolerance for those under the legal drinking age who drink and drive. A BAC as low as .02 can net a DUI conviction in a driver under the age of 21. Additionally, commercial drivers can be convicted of DUI with a BAC below .08. Finally, a driver can be charged with Oklahoma DWI (Driving While Impaired) even if tests show that his or her BAC is below .08.
An earlier post describes what to do if you are arrested for DUI or DWI in Oklahoma City. If you are arrested, it is important to note that you have only 15 days to request a hearing, or your license will be automatically suspended, and the suspension cannot be lifted. For this reason, it is imperative to immediately contact an Oklahoma City DUI lawyer with a proven record of successful DUI defense. A DUI defense attorney will evaluate the circumstances surrounding your arrest, including analysis of sobriety tests and police procedures, to ensure that your Constitutional rights are protected.
DUI and Revoke of Oklahoma Probation
In the past week we have successfully represented two more Oklahoma criminal cases. The first was a DUI charge (driving under the influence) but with our efforts the charge was reduced to speeding and the client received only a $100 fine.
The second was an application to revoke our client's probation. We were able to present enough evidence in Oklahoma court to convince the judge that our client had not violated his probation and subsequently, the application to revoke his probation was dismissed.
Driving Under Suspension
The Driving with a Suspended License case against one of our clients was dismissed today in Bethany Municipal court. If you are facing this or other traffic charges, be sure to get an Oklahoma Defense Lawyer with proven results to represent you.
Oklahoma City Attorneys for DUI – Help Maintain Driving Privilege
Maintain Your Privilege to Drive By Hiring Oklahoma City Attorneys for DUI Defense
It is illegal to drive while under the influence of alcohol or drugs in the state of Oklahoma, so if you are charged with this offence, you will require the assistance of an Oklahoma City attorney for DUI to defend you. The reason obtaining the services of a lawyer who specializes in DUI is so important is you need to know what your rights are and what can be done to ensure that you are treated fairly. After all, every case is different depending on the circumstances and there are many fine details examined, which will determine how serious charges and penalties will be.
DUI punishments can be detrimental to your life and include substantial fines, license suspension, jail time, a criminal record, and a mandatory device placed in your vehicle that requires you to blow into it to start the engine, as well as every ten minutes while the vehicle is on. Furthermore, being convicted of this crime causes people great shame and can be very damaging to your career, family and take a toll on your personal freedom.
There are three offences that you can be charged with if you are accused of impaired driving:
- DUI (Driving under the influence) – This is the most common charge.
- APC (Actual Physical Control) – A person is charged with this offence if they are parked and are able to operate the vehicle if they choose to do so after consuming alcohol. The penalties for APC are the same as they are for DUI.
- DWI (driving while impaired by alcohol) – An individual can be accused of this if tests determine that their blood alcohol level is below 0.08%.
Every single one of these charges can result in serious penalties, which is why you need to ensure you have a DUI lawyer to handle your case and preserve your rights. For instance, did you know that as soon as you are arrested for any one of the above offences your licence will be suspended for 30 days automatically, and if you do not take action against this suspension within 15 days of your arrest it will take effect and cannot be lifted? By hiring a skilled Oklahoma attorney that specializes in DUI, they can assist you in wining your suspension hearing and allow you to keep your driving privileges until your criminal trial occurs. Maintaining your license may be vital to your career and your family, so saving your driving privileges will make a significant difference in your life.
There are numerous aspects that need to be taken into account when a person is charged with driving under the influence. The best way they can protect themselves, understand their rights and obtain the best defence is by hiring experienced Oklahoma City attorneys for DUI.