After the accident, Sing was arrested and charged with DUI and first degree manslaughter.  He was released from jail after a judge reduced his bail.  Less than a year later, while Sing was free on bail, he was again arrested for DUI in Oklahoma when a police officer noticed his jeep veering across the center line.  The officer pulled over the vehicle, and Sing admitted that he had drunk several beers before driving.  The man was again arrested for DUI and again released on bail.

His freedom didn't last long.

On May 1, 2009, John Matthew Sing was arrested yet again for DUI--six months after his second Oklahoma DUI arrest and approximately a year and a half after he caused the fatal accident that killed his wife.   The arresting officer reported that, when Sing was arrested, he was so heavily intoxicated that he could not even walk without assistance.

In sentencing Sing after his first degree manslaughter conviction, an Oklahoma County judge considered the two subsequent DUI arrests.  Judge Jerry D. Bass commiserated with the defendant and the victim's family, saying that cases like Sing's are "sad, sad cases all around because [they leave] everybody hurt."  However, he noted that the two DUI arrests while Sing was out on bail showed no judgment on the part of the defendant.

Sing was sentenced to 13 years in prison for first degree manslaughter in the first DUI arrest.  Each subsequent misdemeanor DUI conviction resulted in a one year sentence, with each sentence to be served concurrently.

• Victim's Protective Order - DISMISSED
• 2nd Degree Burglury:
  Application to Revoke Defendent's Probation - DISMISSED
• Driving Under the Influence (DUI):
  Application to Revoke Defendent's Probation - DISMISSED

Recently, Sooner running back Mossis Madu, was arrested and charged with misdemeanor Oklahoma DUI.  Madu, a senior at the University of Oklahoma, was pulled over in Norman in the early hours of July 28, when a  police officer noticed Madu's vehicle weaving across his lane.  The officer reported that he detected the odor of alcohol on Madu, and that the football player had slurred speech, watery eyes, and difficulty maintaining balance.  When the officer asked for Madu's driver's license, Madu handed him his University of Oklahoma student ID.  According to police reports, Madu admitted to the arresting officer that he had consumed two drinks.  A breathalyzer test recorded the running back's blood alcohol concentration at 0.19, over twice the legal limit for DUI in Oklahoma.

While Madu's Oklahoma DUI defense lawyer will be be helping him fight charges in court, Madu's arrest will also create difficulties on the playing field.  Currently competing with teammate DeMarco Murray for the role of backup tailback, Madu most certainly faces disciplinary measures from coach Bob Stoops and the OU athletic director.  A suspension of his competition could seal the position for Murray.

Of course, it wouldn't be Bedlam if players at Oklahoma State University weren't competing.  On the same day of Madu's arrest, OSU officials released a police report showing that safety Victor Johnson was arrested and charged with possession of marijuana.  Johnson will appear in court on August 23, the same day he faces another hearing regarding the DUI charges stemming from his June 11 arrest.  Johnson pleaded not guilty to DUI, but with his latest arrest, he also faces charges of Oklahoma drug possession and obstruction of justice.

The Sooners' first football game of the season is August 30.  The Cowboys take the field September 4.  It is not clear whether either Madu or Johnson will be playing in the early games, but hopefully, both teams' members can show enough responsibility to be operating with no suspensions when Bedlam strikes November 27 in Stillwater.

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.

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.

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.

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.

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.

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.