Woman Sentenced in Fatal Oklahoma City DUI Accident
A woman was sentenced last week after her conviction for a fatal DUI in Oklahoma City. Tara Lynn Flores, of Oklahoma City, was sentenced to one year in a private correctional facility for her role in the 2008 death of Sonya Flores-Rabago, 26.
According to the charges, Flores, then 23, met Flores-Rabago at a nightclub on October 26, 2008, and offered to give the woman a ride home, even though both women were intoxicated. Around 2:00 a.m., Flores was driving south on Interstate 35 when her car left the road, struck a concrete wall, and came to a stop on the outside southbound lane, where it was struck by another vehicle on the driver's side. Flores-Rabago was thrown from the car and pronounced dead at the scene. Flores was paralyzed from the waist down.
Flores' Oklahoma City DUI defense attorney told the court that her client was remorseful for her actions. Flores received one year in a correctional facility with nine years suspended after her DUI manslaughter conviction. She is expected to receive alcohol rehabilitation while incarcerated.
Under Oklahoma DUI law, a fatal drunk driving accident can be charged a number of ways, depending on the circumstances of the accident. An alcohol related death may be charged as:
- Negligent Homicide - A misdemeanor punishable by up to one year in jail
- Manslaughter - A felony punishable by four years to life in prison
- Second Degree Murder - A felony punishable by ten years to life in prison
If one has been convicted of a DUI within the ten years preceding the fatal accident, it is possible to be charged with Second degree murder, a crime which not only carries a minimum sentence of ten years in prison, but is also subject to the 85% Rule, which means that 85% of the sentence must be served before the convicted person becomes eligible for parole.
In light of the possible sentencing for Tara Lynn Flores's crime, a sentence of one year is relatively light. Of course, she must pay for the rest of her life through her paralysis and the loss of her friend, but her criminal penalties were mitigated by the circumstances of the case.
If you have been charged with an alcohol-related death, negligent homicide, or DUI manslaughter, turn to an experienced Oklahoma City criminal defense lawyer for help.
Fatal Oklahoma DUI Brings Murder Charge for Man Accused of Buying Alcohol
Most DUI cases are relatively minor, but Oklahoma City DUI lawyers often see the ripple effect a serious alcohol-related traffic violation can have. Social host laws, which are in effect in hundreds of cities across Oklahoma, hold accountable those who serve alcohol to minors on their premises and those who recklessly continue to serve alcohol to obviously intoxicated patrons. Last week, a new twist was added to the liability of those who provide alcohol to minors when a man was charged with murder after allegedly buying alcohol for teenagers who were later involved in a fatal DUI accident.
John Halford, Jr., 25, of McCloud, was charged not only with purchasing alcohol for a person younger than 21, but also with second degree murder. Halford is accused of buying alcohol for cousins Wyatt Dunn, 17, and Tory Allen Dunn, 20, in January of 2010. The elder Dunn was deemed to be intoxicated when he later crashed his vehicle. His teenage cousin died in the accident.
Halford and his attorney deny that Halford bought alcohol for the teenagers. Halford claims he did buy vodka that night, but the minors took it from his truck.
Tory Dunn was convicted of second degree manslaughter and sentenced to six years in prison followed by lengthy supervision by the Oklahoma Department of Corrections. Tory Dunn's Oklahoma criminal defense attorney claims that the charge and conviction were excessive, saying that factors other than alcohol played a role in the fatal accident, including a narrow, icy road and his attempt to swerve out of the way of an oncoming vehicle. According to his lawyer, “We've always thought it was an excessive sentence for a young man who made a terrible mistake. He chose to take the punishment out of grief for his cousin and concern a jury could give him more."
Cries of inflated charges are echoed by Halford's Oklahoma defense lawyer. He said to reporters, “The person who is actually responsible gets manslaughter and Mr. Halford is charged with a heavier offense. How is that right? They're trying to make an example out of someone, and unfortunately Mr. Halford is caught in the cross hairs.”
The prosecution's own words seem to prove that point. According to District Attorney Richard Smothermon, the case is the first such that he has seen, and he feels it could set a trend in Oklahoma.
Lewd Acts, DUI and Traffic Violations
The Oklahoma City Law Firm of Phillips and Bailey had several new dismissals this week. Two counts of lewd acts were dismissed in Choctaw county and a DUI dismissed in Bethany Municipal court. Also, an application to accelerate was dismissed.
Summer Awareness of Oklahoma DUI Laws
Summer is just around the corner, and Oklahoma DUI defense attorneys know that means an increase in DUI sobriety checkpoints associated with summer holidays as well as a surge in charges of boating under the influence.
A sobriety checkpoint in Midwest City last week serves as a reminder of the DUI checkpoints that will likely be associated with the upcoming Memorial Day weekend and, later this summer, the Fourth of July celebrations. Nine people were arrested as a result of the Midwest City sobriety checkpoint, which ran from 10:30 p.m. on Saturday, May 21, through 3:00 a.m. on Sunday, May 22. Five of those arrested were for DUI complaints, including one man who made an illegal U-turn to avoid the DUI roadblock, crashed into a fence, and then ran from authorities before being apprehended.
In addition to the nine arrests, police issued 36 tickets and 53 warnings.
As the summer holidays approach, it is important to remember that you should not drive after consuming alcohol. DUI lawyers in Oklahoma City and throughout the state know that it can take a surprisingly small amount of alcohol to render a driver over the limit. If you plan on drinking at a backyard barbecue, a holiday celebration, around the pool, or at the lake, be sure you have a designated driver or the phone number of local taxi companies. If you drink and drive, you could find yourself at a DUI sobriety checkpoint or behind bars.
One other important summer reminder concerns Oklahoma boating DUI laws. Earlier this month, Governor Mary Fallin signed Senate Bill 324 into law. SB 324 lowers the legal limit for boating under the influence (BUI) to 0.08, matching the legal limit for Oklahoma DUI on roadways. Previously, the legal limit for boating DUI was a blood alcohol concentration of 0.10. SB 324 was authored by Sen. Bill Brown, R-Broken Arrow, after a fatal alcohol-involved boating accident on Lake Eufaula last Labor Day weekend.
The Oklahoma City DUI defense team at Phillips & Bailey encourages you to have a fun and safe summer.
17 Arrests in Oklahoma County DUI Checkpoint
A sobriety checkpoint set up by Oklahoma County sheriff's deputies in southeast Oklahoma City led to the arrests of 17 people on various offenses and outstanding warrants. In addition, deputies issued 59 citations and 13 warnings, according to Oklahoma County Sheriff's Office spokesman Mark Myers and a local newspaper report.
Although sobriety checkpoints are purportedly established in an attempt to reduce Oklahoma DUI, the majority of arrests are actually from other offenses or warrants. Of the arrests at the recent sobriety checkpoint at S.E. 44 and Bryant Avenue, only six were on suspicion of DUI. Six others were arrested on outstanding warrants, and four were arrested for driving on a suspended license.
Penalties for a first offense DUI in Oklahoma include:
- Up to one year in jail (up to 4 years if transporting a child under 18)
- Fine of up to $1,000 (up to $2,000 if transporting a child under 18)
- Minimum of $300 in DUI feese
- 30 day suspension of driver's license
- Mandatory drug and alcohol abuse evaluation and assessment program (established by the Aaron Gillming Act of 2010)
Subsequent Oklahoma DUI convictions net increasingly harsh legal ramifications, including extended jail time and driver's license suspension or revocation, ignition interlock, community service, and more.
Driving on a suspended license in Oklahoma is a serious offense, and if one's license is suspended for any reason, he or she should not risk driving, regardless of the inconvenience. If you are caught driving while suspended, penalties include:
- Fines of $100-$500
- Up to 6 months in prison
- Extension of license suspension, often up to 1 year beyond the original term
- Additional points against the license
- Mandatory traffic school
Under the Gaje Jeffrey Florence Act of 2009, a second offense of driving on a suspended license, or a first offense in which an unlicensed driver caused an injury or fatality accident, is charged as a felony and is punishable by up to 5 years in prison and/or a maximum $3,000 fine.
If you have been arrested for DUI, driving on a suspended license, or on an existing warrant as a result of an Oklahoma County sobriety checkpoint, an Oklahoma traffic attorney or Oklahoma City DUI lawyer can help. From an illegal arrest to inadequate attempts to notify you of a suspension, a criminal lawyer has a number of tools available for your defense. Call for more information or to arrange a free evaluation of your case.
Pulled over for DUI in Oklahoma? How to Protect Your Rights
Seeing an officer's flashing lights in the rear view mirror can make anyone nervous; if the driver has had anything to drink, being pulled over can be a nerve-wracking ordeal. If you have been pulled over and are suspected of DUI, there are steps you can take to protect your rights, and certain measures that will help your Oklahoma DUI lawyer build the strongest case for your defense.
The Traffic Stop
Except in the case of established sobriety checkpoints, police cannot pull you over without cause. If you are driving erratically or irregularly, police may suspect that you are driving under the influence and will pull you over to investigate. Likewise, a minor traffic infraction such an incomplete stop can lead to a traffic stop. If, after pulling you over, the officer suspects you may have been drinking, he or she may begin to question you about where you have been, whether you have been drinking, and how much you have had to drink. You do not have to answer any of these questions, which are designed to give the officer probable cause for your arrest. Instead, politely cooperate with requests for identification and courteously decline to answer any questions without the advice or presence of your Oklahoma DUI attorney.
If you are subsequently arrested on suspicion of DUI, maintaining your right to remain silent means that you have not admitted to guilt, nor have you provided prosecutors with any statements that may be used against you in court.
Field Sobriety Testing
Oklahoma has an "Implied Consent Law," which means that your refusal to take a breath, blood, urine, or chemical test for DUI results in the automatic suspension of your license. This does not, however, pertain to portable roadside breathalyzers or field sobriety tests given prior to an arrest. These field sobriety tests are designed to indicate your intoxication and to give officers probable cause for your arrest.
If asked to take a field sobriety test, consider your options very carefully. These tests are difficult for even sober individuals to complete. This video from a popular comedy series several years ago pokes fun at the administration of a field sobriety test, but also demonstrates how such tests are designed to evoke evidence of guilt:
Despite the humorous take on field sobriety testing, a DUI arrest is no laughing matter. While your refusal to take a test may result in probable cause for your arrest, taking the test may provide strong evidence of your intoxication which can be used in your prosecution.
As for the portable breath test, it is generally ill-advised to take this test unless you have not been drinking at all. These tests indicate your blood alcohol concentration, not your level of impairment. For some individuals, blood alcohol concentration will be above the legal limit long before marked impairment occurs.
If you are arrested as a result of your traffic stop, whether you have submitted to field sobriety testing or refused to take the tests, tell police clearly that you want an attorney. You have the right to legal counsel, and any questioning must stop until your Oklahoma DUI defense lawyer is present.
Implied Consent Law
After you have been arrested on suspicion of DUI in Oklahoma, you will be asked to submit to a blood alcohol analysis. A police officer must read you the Implied Consent Warning in its entirety before asking you to submit to a test, generally a breathalyzer test. You do not have the right to consult an attorney to help you decide whether or not to take the test. Bear in mind that refusal to submit to this test results in the automatic suspension of your license as an offense separate from any DUI offense with which you may be charged. Even if you are later acquitted of DUI, your license will remain suspended as a result of your refusal to submit to testing under Oklahoma's Implied Consent Law.
Keep in mind that a skilled Oklahoma DUI lawyer can build a successful defense in spite of breathalyzer evidence of your intoxication. From an illegal traffic stop to improper procedures in the administration of the test to improperly calibrated equipment, your attorney has an arsenal of resources to build a strong DUI defense.
Right to Counsel
Hiring a DUI defense lawyer is your constitutional right. Even a first offense misdemeanor DUI conviction has serious consequences including jail, the suspension of your license, fines, increased insurance premiums, and a criminal record that will haunt you in background checks for employment, education, and financial loans. To minimize the impact of a DUI arrest, to help avoid DUI conviction, or to avoid unnecessary consequences of conviction, contact an Oklahoma DUI defense attorney with the experience to successfully handle your case.
Oklahoma DUI Case
The Oklahoma Criminal Defense Lawyers at Slane, Phillips & Bailey added another success to their history of defending clients charged with DUI in Oklahoma. Today the charges against out client were dismissed in McClain County court.
Two Oklahoma Mayors Arrested in One Week
Last week saw the arrests of two Oklahoma mayors on unrelated charges. Arrested were:
- Frankie Gene Arnold, 51, mayor of Newkirk, Oklahoma, and instructor at Cowley College
- Robert Dean Smith, 49, former mayor of Eufaula, Oklahoma (Smith has resigned since his arrest).
Arnold was arrested for illegally obtaining prescription painkillers. He was charged with obtaining a controlled substance by concealment of material fact, a felony drug charge in Oklahoma. Arnold is alleged to have obtained prescriptions for hydrocodone from two different physicians, neither of whom knew about the other. Arnold is accused of having prescriptions filled over the internet and delivered to Newkirk City Hall. He allegedly also filled the hydrocodone prescriptions at local pharmacies.
Smith stepped down from his position as mayor of Eufaula after his arrest last week. Smith has been involved in a number of legal issues over the last few years. In 2008, he was arrested on complaints of failing to obey a traffic signal, transporting an open container of alcohol, and Oklahoma DUI. He pleaded guilty, which was not part of a plea agreement between his Oklahoma DUI lawyer and prosecutors, and received a one year deferred sentence. His most recent arrest came after witnesses reported the mayor had left a bar and was driving erratically. Blood alcohol tests determined his BAC to be less than 0.08, the legal limit for DUI, but significant enough to indicate that he had been drinking, which was a violation of his parole. At the time of his arrest, Smith was out on bail for a misdemeanor DUI charge and a separate felony embezzlement charge. The judge revoked bail for both cases.
The Oklahoma embezzlement charge was the result of accusations that Smith used a city credit card to buy gasoline. He has been charged with four felony counts of embezzlement by a public official. His embezzlement case is scheduled for trial in April.
OKC Man Charged in Fatal Boating DUI
Last September, the Oklahoma criminal lawyer blog of Slane, Phillips, & Bailey described Senator Bill Brown's (R-Broken Arrow) push for stricter boating DUI laws in the wake of a fatal Labor Day boating accident. Now, Aaron Lynn Jones, 24, of Oklahoma City, has been charged in McIntosh County District Court in connection with the Lake Eufaula accident that killed one man and injured six other boaters. Jones is charged with first degree manslaughter and is accused of DUI in the boating accident that killed Greg Scherff, 38, also of Oklahoma City.
According to witnesses, several friends were partying on a beach before leaving to watch a football game. Scherff and six of the friends left in one boat, and Jones followed in a separate boat. Jones says that he was driving the boat at approximately 40 mph when he realized the boat Scherff was in had stopped. He said he tried to stop his own boat, but it was too late. The boat Jones was driving hit the boat in which Scherff was a passenger from behind and slid over its side. Jones says that after the accident, he called over to the passengers on the boat he struck and was told that everyone was fine. He then left the scene.
Investigating officers say that Jones was driving recklessly and that he is suspected of Oklahoma DUI. Jones admits to having two beers at the beach before the accident, but witnesses say he had at least six beers on the beach and in the boat, as well as several shots of liquor.
Oklahoma DUI law considers the legal limit for DUI to be a blood alcohol concentration (BAC) of 0.08 on land, but 0.10 on the water. Many legislators, including Sen. Brown, and their constituents push for standardizing the DUI laws and strengthening boating DUI law.
If Jones is convicted of first-degree manslaughter in McIntosh County, he could be sentenced to four years to life in prison.
If you have been charged with DUI, contact an experienced Oklahoma DUI lawyer to explain your charges and explore options for your defense.
Motor Vehicle Felony in Canadian County
Our client was charged in Oklahoma with Unauthorized Use of a Motor Vehicle. We were successful in having the case dismissed in Canadian County Court.