Phillips & Bailey Oklahoma Criminal Defense Attorneys

13Feb/120

Oklahoma Expungements for the Wrongly Charged

In previous blog posts, the Oklahoma Criminal Defense blog of Phillips & Bailey has discussed how an Oklahoma City expungement lawyer can help those who have past convictions to clear their juvenile record or to seal their record following completion of a deferred sentence.

The most common type of record expungement in Oklahoma is described in Title 22 O.S. §991c of the Oklahoma statutes.  This type of expungement may be granted to defendants who have successfully completed a deferred sentence.  Essentially, a §991c expungement seals the court record, changing a plea of guilt or no contest to a plea of not guilty, and striking the defendant's name from the court record.  However, the arrest record and record of the criminal charge is still documented in OSBI records and is still available to law enforcement agents.

There is, however, a type of expungement that allows someone's arrest record to be cleared.  This type of record expungement, defined under Title 22 O.S. § 18 of the Oklahoma Statutes, is more difficult to obtain, but it is preferable because it completely eradicates the criminal record.    A §18 expungement can be granted to those who were convicted of non-violent felonies, but more commonly, it is awarded to those who were acquitted of charges, found to be factually innocent of the crime after a conviction, those who were arrested but never charged, and those whose charges were dismissed within a year of the arrest.

Those last two examples show that even people who were wrongfully arrested or falsely charged can be plagued by a criminal record.  A local Oklahoma newspaper this week describes the case of a woman who was misidentified and criminally charged as part of a drug ring.  Though the charges against her were dropped and the Oklahoma Bureau of Narcotics and Dangerous Drugs Control admits a mistake in filing charges, her criminal charge still shows up in the OSBI database and in the On Demand Court Record website for Oklahoma.    Her Oklahoma expungement lawyer is working to get her record cleared, but he told reporters that he believes in cases of mistaken criminal charges, law enforcement should be able to clear the record without requiring a defendant to take care of it himself or herself.

Whether looking to clear a record after a juvenile conviction, a deferred sentence, or a false charge, it is important to seek counsel from an experienced Oklahoma expungement attorney.  Law enforcement has the right to challenge any petition for expungement; it is imperative that a petitioner be prepared and equipped to handle any challenges.  To find an expungement lawyer in Oklahoma City, contact Phillips & Bailey at (405) 607-1177.

30Jan/120

Ignition Interlock in Oklahoma DUI Sentencing

Most states require the installation of an ignition interlock device on vehicles owned by repeat DUI offenders.  In Oklahoma, recent legislation that took effect November 1, 2011, made ignition interlock a sentencing requirement in all Oklahoma DUI convictions--even DUI as a first offense.

Under the new DUI law, those convicted of DUI in Oklahoma are required to install an ignition interlock device on any vehicles they own.  Additionally, once these drivers' licence suspensions are complete, they are required to obtain a special driver's license that clearly states "Interlock Required."  These licenses signal officers that a driver is not legally permitted to drive any vehicle without the interlock device installed and helps prevent DUI offenders from circumventing the law by driving another's vehicle.

What is ignition interlock?

Essentially, the ignition interlock device is a breathalyzer machine that prohibits a vehicle from starting if the driver's Blood Alcohol Concentration (BAC) meets or exceeds the set point of the device--generally 0.02 or 0.04 percent, which is lower than the legal limit of 0.08 percent for DUI in Oklahoma.  The device is designed to prevent impaired drivers from taking the wheel after drinking.  Often, those who have been drinking underestimate their level of impairment.  With an ignition interlock device installed, there is little room for error.  Ignition interlock devices are often equipped with a camera so an impaired driver may not get another person with "clean" breath to blow into the device to start the car.

Who is responsible for oversight of ignition interlock in Oklahoma?

The ignition interlock industry in Oklahoma is regulated by the states Board of Tests for Alcohol and Drug Influence (BOT).  The BOT certifies ignition interlock devices annually, and they publish a list of approved devices.  The BOT further licenses ignition interlock service centers and approves and licenses ignition interlock technicians.  Ignition interlock is installed at the expense of the convicted driver.  Once the device is installed, the licensed ignition interlock technician provides the driver with verification of the device installation and remits the appropriate fee to the BOT.

Ignition interlock rental fees are approximately $70-$100 per month, and installation is approximately $100.  Tampering with an ignition interlock device or attempting to disarm or disable the device is a crime punishable by a fine of $500 and up to six months in jail.

If a vehicle owner knowingly allows a driver with an "Interlock Required" license to drive a vehicle without the device, he or she may be charged with a misdemeanor punishable by a fine of $500 and up to six months in jail.

The installation of an ignition interlock device is a requirement only after the completion of a driver's license suspension. Once the suspension period is up, the Oklahoma DUI offender must provide proof of installation of an ignition interlock device in order to have the license reinstated.

For more information about ignition interlock and other Oklahoma DUI laws and penalties, contact Phillips and Bailey to speak with an experienced DUI lawyer in Oklahoma City.

19Jan/120

Ex-DHS Employee Charged with Oklahoma Sex Crime

A former employee with the Oklahoma Department of Human Services has been accused of an Oklahoma sex crime against a 15-year-old girl while he was still employed with DHS.  The criminal charge is the latest in a string of allegations of misconduct and mismanagement among DHS employees and administrators.

A warrant has been issued for the arrest of Ronald J. Green II, 23, on a charge of forcible oral sodomy in Oklahoma.  Green was a temporary social worker aide with the DHS office in Stillwater from May to October of 2012.  He is accused of committing the crime in September 2010, when he was transporting a 15-year-old girl from Stillwater to a foster care placement in Tulsa.  The alleged victim did not report the incident until late 2011, more than a year after the incident was alleged to have taken place.  Stillwater police notified the OSBI in late December to oversee the case.

Under state sex crime statutes, Oklahoma forcible oral sodomy is defined as:

  • Oral or anal sex with a person under the age of 16 by a person who is over the age of 18.
  • Sodomy with a person who is legally unable to consent due to mental illness or unsoundness of mind
  • Oral sex or anal intercourse perpetrated by force or through the threat of violence

At the time of the alleged incident, Green's accuser was 15 years old and Green himself was over the age of 18.  Furthermore, Oklahoma sex crime law precludes an employee of a state agency from sexual involvement with anyone in state custody.  Therefore, even if the Green's accuser was aged 16 or older, sexual activity between the two--consensual or not--would have been considered illegal.

Green's arrest comes on the heels of a settlement agreement to a federal class-action lawsuit accusing Oklahoma DHS of multiple abuses that jeopardize the safety of children.

It is important to remember, as always, that an accusation of a sex crime does not mean that the accused is guilty of any crime.  Adults who work with children or teens are particularly susceptible to being falsely accused of a sex crime.  Whether Green's accuser is coming forward as a result of abuse at the hands of an adult entrusted with her safety or whether she is making false allegations as a result of some ulterior motive remains to be seen.  Unless or until Green is proven guilty of a sex crime against a minor, he should be considered innocent, just as in any other crime.  Green--and anyone else accused of a sex offense in Oklahoma--would be wise to quickly hire an experienced Oklahoma sex crime defense lawyer to protect his rights.

16Jan/120

Juvenile Record Expungement in Oklahoma

Impulsiveness, peer pressure, and a lack of basic maturity can lead many young people to make poor decisions with harsh consequences.  For some juveniles, a foolish decision can lead to a conviction of a criminal offense.  Although probation or incarceration in a juvenile detention facility can be a terrible hardship for any teen, often, the toughest challenge comes when, as an adult, a person tries to put his or her youthful indiscretions in the past.  The criminal record associated with a juvenile conviction can haunt future prospects for employment and educational opportunities.  An Oklahoma expungement lawyer can help you clear your record, moving forward from a difficult past into a brighter future.

Many people mistakenly believe that all juvenile records are confidential.  They are not.  Others think that record of a juvenile crime is automatically cleared when the defendant reaches the age of 18.  It is not.  Juvenile records are not automatically expunged, and prosecutors and law enforcement agencies have the right to protest any expungement requests.  For this reason, it is important to proceed with any attempt to clear your record with the help of an experienced expungement attorney in Oklahoma.

In order to be eligible for expungement of a juvenile record in Oklahoma, certain conditions must be met.  You may be able to successfully petition for your court records to be sealed and your arrest record to be purged if you satisfy the conditions outlined under Title 22 O.S. §18 and Title 10A O.S. § 2-6-109 of the Oklahoma Statutes.

Title 22 O.S. §18 states that if a person was younger than age 18 at the time of the offense, and if he or she has since received a full pardon for the offense, that person may petition for expungement of the juvenile record.

Title 10A O.S. § 2-6-109, which deals with juvenile offenses, states that a person aged 21 or older may petition the juvenile court for the expungement of the juvenile record under these specific conditions conditions:

  • The petitioner has not been arrested for any adult offense and has no current or pending charges
  • The petitioner has neither been convicted of any criminal offense nor been the subject of a deferred sentence
  • All court requirements, including court costs and fines, have been satisfied and paid for juvenile proceedings

A juvenile offense such as underage DUI, petty theft, or assault should not have to ruin one's opportunity to become a productive and contributing adult.  To find out if you qualify for a fresh start through the clearing of your juvenile record, consult an Oklahoma City expungement lawyer who can explain your options and help you petition the court to seal your juvenile court record.

9Jan/120

New Year’s Eve Shooting Spotlights Oklahoma “Make My Day” Law

When a homeowner shoots and kills and intruder on his or her property, the story is usually  considered newsworthy.  When the homeowner is an 18-year-old mother of a 3-month-old, a widow whose husband died of cancer less than a week before, the story grabs international headlines.

The story of Sarah McKinley of Blanchard, Oklahoma, has been featured on CBS News, The Huffington Post, The New York Daily News, and even the BBC.  Even former Alaska governor and Vice-Presidential candidate Sarah Palin has weighed in on the story, saying of McKinley, "I'm all in favor of girls with guns who know their purpose."

The events unfolded around 2:00 p.m. on New Year's Eve, when the teen mother called 911 and told the dispatcher that someone was trying to break into her house.  She had barricaded the door with a couch, but the intruder continued to attempt to gain access to her home.  Whispering, McKinley asked the dispatcher, "I've got two guns in my hand.  Is it okay to shoot him if he comes in the door?"  In the released 911 tape, the dispatcher responds, ""Well, you have to do whatever you can do to protect yourself.  I can't tell you that you can do that, but you have to do what you have to do to protect your baby."

It took police approximately twenty minutes to arrive at the scene, and by that time, Justin Shane Martin, 24, was slumped dead over the couch, clutching a knife in his hand.  An accomplice had fled the scene.  Later, the alleged accomplice, Dustin Louis Stewart, 29, turned himself in to authorities.

Prosecutors say McKinley was clearly acting in self defense and will not be charged with any crime.  Oklahoma's "Make My Day" law, officially the Castle Doctrine, allows the use of deadly force for the protection of one's home and any innocent people legally within the home from a violent attack or any intrusion which may turn violent.  An 18-year-old girl protecting her 3-month-old son from a knife-wielding intruder certainly seems to fit the stipulations of the Make My Day law.

Although McKinley will not face criminal charges, Martin's alleged accomplice faces a first degree murder charge.  Under Oklahoma law, if a death occurs during the commission of a felony, such as first-degree burglary in this instance, anyone involved in the crime may be charged with the murder.  Though Dustin Stewart fled the scene and called 911 shortly after the shooting, he has been charged with first degree murder as the alleged accomplice of the fatally wounded Martin.

However, prosecutors will have to prove that Stewart was actually Martin's accomplice in the break-in.  Stewart's Oklahoma defense attorney may point to Stewart's 911 call as evidence of his innocence.

Stewart called 911 shortly after hearing gunfire.  He told the dispatcher, "My name is Dusty Stewart, and I think it is my friend that got shot."  He allegedly told the dispatcher, "I don't know what he was trying to do. I stood at the fence and told him to come on and I don't know what he did."

However, court documents show that Stewart later told police that he and Martin had taken painkillers before going to McKinley's home.  He is reported to have told investigators that Martin knew that McKinley's husband had recently died of cancer, and that he assumed there would be painkillers in the home, so he devised a plan to burglarize the home and steal the painkillers.

Perhaps, in light of this statement, Stewart's Oklahoma criminal lawyer will use his client's cooperation in an attempt to gain leniency in sentencing.

Dusty Stewart was released on bail with a preliminary hearing set for May.  At the time of this writing, Stewart's Oklahoma defense lawyer has not responded to media requests for a statement about this high profile case.

26Dec/110

Plan Carefully to Avoid Holiday DUI in Oklahoma

With the holiday season in full swing, Oklahoma DUI defense attorneys are beginning to see a surge in alcohol related driving offenses.  Though driving under the influence is a common offense, it is fully avoidable if people plan ahead to use designated drivers, hire taxi cabs, or call an organization offering a safe ride home, such as AAA's "Tipsy Tow" service.

Driving under the influence is dangerous not only to the intoxicated driver but also to others on Oklahoma roadways.  An Oklahoma DUI arrest can come after a routine traffic stop, a traffic stop specifically for suspicion of DUI, a sobriety checkpoint, or after an alcohol-related crash.  The last example may involve criminal charges and civil litigation beyond the DUI charge.  If you are arrested for DUI in Oklahoma, you face serious consequences if convicted:

  • First Offense DUI:  Misdemeanor punishable by ten days to one year in jail and a fine of up to $1,000
  • Second Offense DUI (within ten years of the first):  Felony punishable by one to five years in prison and a fine of up to $2,500
  • Third Offense DUI:  Felony punishable by one to twenty years in prison and a fine of up to $5,000.

In addition to fines and jail or prison time, a person convicted of DUI in Oklahoma may also be subject to driver's license suspension, probation, community service, alcohol treatment and monitoring, and ignition interlock.

Other circumstances of the DUI arrest and conviction may lead to enhanced charges.  For example, if a driver is found to have a blood alcohol concentration (BAC) of o.15 or greater, he or she will be charged with aggravated driving under the influence which carries additional penalties.  If an Oklahoma DUI conviction follows a previous conviction involving a DUI-related death (first degree manslaughter, negligent homicide, or second degree murder), the penalty includes five to twenty years in prison and a fine of up to $10,000.

DUI is prosecuted aggressively in Oklahoma because the consequences of DUI can be deadly.  Prosecutors often feel that harsh sentences will serve as a deterrent to driving under the influence.  In 2010, there were 245 DUI fatalities in Oklahoma, an increase of more than 17% over the preceding year. In the five years from 2006 to 2010, DUI in Oklahoma County alone led to 117 deaths.  Alcohol-related driving deaths are more likely to occur during Christmas and New Year's Eve than at any other time in the year.  According to the U.S. National Institute on Alcohol Abuse and Alcoholism (NIAAA), forty percent of holiday roadway fatalities are the result of an intoxicated driver--a twelve percent increase over the rest of the year.

We encourage you to find a safe and responsible holiday.  However, if your holiday cheer lands you behind bars facing an Oklahoma DUI or other alcohol related offense, contact Phillips and Bailey to speak with an Oklahoma City DUI lawyer who can handle your defense.

5Dec/110

Oklahoma Sexual Battery Complaints Against Edmond Doctor

A physician has been arrested on four complaints of sexual battery in Oklahoma County after six women reported that the doctor sexually assaulted them.  After the women, current and former employees of the Best Care Medical Center in Edmond, went to police, a warrant was issued for the arrest of Dr. Medhat Michael, 52, of Oklahoma City.  Michael turned himself in to the Oklahoma County Jail on December 2 and was released on $40,000 bail.

According to the women's complaints, the doctor sexually harassed them, making inappropriate, unprofessional comments and touching and groping them.  Dr. Michael, who has not been charged, refuted his accusers as making false allegations of sexual abuse.  Investigators, however, are looking into the possibility that other women may be involved, including patients, and are urging them to come forward if they feel they were victimized by the Edmond physician.

In Oklahoma sexual battery is a vaguely defined sex offense.  Essentially, sexual battery is any unwanted physical contact that occurs for the sexual gratification of the perpetrator.  Without precise definition of what constitutes sexual battery, it is an easy charge for prosecutors to file against someone whose actions--or perceived actions--do not fall under the definitions of rape, lewd acts, or sodomy.  However, this vague definition also gives an Oklahoma sexual battery defense lawyer the tools he or she needs to build reasonable doubt.

In order to obtain conviction for a sexual battery charge, prosecutors must demonstrate that the defendant (1) touched the alleged victim without his or her consent, and (2) that the intent of the touch was sexual in nature.  If, for example, a person inadvertently brushes against the breast or buttocks of another person in a crowd, he or she is not guilty of sexual battery.  Although the touch in this instant may have been uncomfortable for the the person who was bumped into, and although that person did not consent to being bumped into, there was no intent to touch and the physical contact was not initiated for sexual gratification.

It is not uncommon to see football players slap one another on the buttocks in congratulations during a game.  Although one player does not expressly consent to having his rear patted, this is not seen as sexual battery, as there is no sexual intent.  It is a common gesture in sports, and therefore, not considered sexual battery.  Slapping the backside of a co-worker in the office break room, however, is not considered a commonly accepted practice.  It is not only considered inappropriate, but can also lead to professional sanctions as well as criminal charges.

Punishable by up to ten years in prison and lifetime registration as an Oklahoma sex offender, sexual battery is a serious felony offense.  For those accused of sexual battery or other sex offenses, an Oklahoma sexual battery lawyer is vital for successful defense.

14Nov/110

Trial Ordered in Oklahoma Sex Abuse Case

The Oklahoma Criminal Defense law blog earlier wrote of the revocation of bail for Amy M. Blose, 38, Norman.  Blose is accused of a prolonged sexual relationship with a boy who was 13 at the time the alleged acts began.  She was released on $20,000 bond, but her bail was revoked when a teenaged girl told authorities that Blose attempted to contact the boy in direct violation of the terms of her release.  Her Oklahoma sex crime defense attorney asked the judge to reinstate the defendant's bail, saying there was no evidence, other than the word of a teenager, that his client attempted to contact the boy.    The judge refused.

Now, the Cleveland County judge has ordered that there is sufficient evidence of sexual abuse for Blose to stand trial.  Special Judge Michael Tupper added sixteen counts of sexual abuse to the eight counts brought by the District Attorney.  Because the alleged relationship began when the boy was in seventh grade and continued into his eighth grade year, Blose will stand trial on twenty-four counts:  fifteen counts of first-degree rape, three counts of forcible oral sodomy, one count of indecent proposal to a child, and five counts of lewd acts with a child in Oklahoma.

The penalty for a conviction of first degree rape in Oklahoma is a minimum five years in prison and up to life in prison without parole.  The penalty for lewd acts with a minor in Oklahoma is one to twenty years in prison on the first offense with life in prison without parole the penalty for subsequent offenses.  With so many charges against her, Blose faces significant prison time--even life without parole--if convicted of Oklahoma sex abuse.

Facing rape charges--particularly child rape charges--is a delicate, precarious, and challenging legal battle.  In many ways, the deck is stacked against the accused.   In order to protect innocent victims, the accused is often barred contact with any minors, including his or her own children. In the public eye, the burden of proof falls on the defendant to prove his or her innocence, rather than on the prosecution to prove guilt.  Those accused of rape, child sexual abuse, or other sex crimes should seek immediate counsel from an experienced Oklahoma sex crimes lawyer.

10Nov/110

Oklahoma Criminal Charges and Civil Litigation

Oklahoma courts rule on both criminal cases and civil cases, and while each type of litigation is clear and distinct from the other, there are circumstances in which a person may be a defendant in both a criminal case and a civil case for the same alleged action.  Having civil action brought against you even though you were acquitted of a criminal charge does not violate your Fifth Amendment right to avoid double jeopardy, because of several distinguishing features of each type of case.

In a criminal case, the defendant is charged with violating a local, state, or federal law.  The charges are brought by the government, and the defendant is prosecuted by the District Attorney, and has the right to legal defense by an Oklahoma criminal lawyer.  In a criminal case, the prosecuting attorney's burden of proof is to demonstrate beyond a reasonable doubt that the defendant is guilty of the crime with which he or she is charged.  If the defendant is convicted, or found guilty, of the crime, he or she faces legal consequences which may include fines, jail or prison sentences, and probation.  Though in some cases, such as embezzlement or other white collar crimes, the defendant is ordered to pay restitution as part of the sentence, in most cases, the legal consequences of a criminal case do not involve financial compensation to the victim(s) of the crime.

Civil litigation, on the other hand, is brought by the injured victim or by the family of the victim in a wrongful death case.  The penalties associated with a civil lawsuit are financial compensation for punitive damages, medical expenses, pain and suffering, and other physical, emotional, and financial difficulties incurred by the victim.  If a defendant in a personal injury or wrongful death lawsuit loses the case, he or she reaps financial penalties, but is not saddled with jail or a criminal record as a result.  Civil litigation holds accountable those whose negligence or wrongdoing--even if it is not a violation of a criminal law--harms others.  In a civil case, the burden of proof by the Oklahoma City personal injury lawyer bringing suit is much lighter.  Rather than proving beyond a reasonable doubt that the defendant is guilty, the attorney must simply demonstrate a preponderance of evidence, meaning that it is more likely than not that the defendant is in some way responsible for the plaintiff's injury or death.

Because of the differences in the two types of cases, it is possible that a defendant in a criminal case will also be a defendant in a civil case as a result of the same action.  A civil lawsuit can be brought against a defendant in a criminal case regardless of the outcome of the criminal case.  One common example of a person facing both criminal and civil litigation occurs after a DUI accident.  Whether the defendant is convicted of DUI or whether his or her Oklahoma DUI defense lawyer is able to get the case dismissed, anyone injured in the accident may sue for damages in a civil case.  Because the burden of proof is lighter in a civil case, the victim may be awarded damages even if the defendant was found not guilty or had the criminal case dismissed.  The most notorious example of this is the O.J. Simpson murder trial and wrongful death lawsuits that followed.  Though Simpson was found not guilty of the murders of his ex-wife Nicole Brown Simpson and her friend Ron Goldman, the families of the victims brought wrongful death suits against him.  It was demonstrated by a preponderance of evidence that Simpson was responsible for the deaths, and the families were awarded $33.5 million in compensatory and punitive damages.

Locally, this is playing out in the case of Oklahoma City police officer Chad Peery.  While off-duty, Peery was asked by bartenders at an Oklahoma City bar to escort some unruly patrons from the facility.  Peery was beaten by the men and paralyzed as a result of the brutal attack.  Joshua B. Rinken, Jimmy Dan Smith, and Cadmio Antonio Lopez have been charged with assault and battery by means of force as is likely to cause death and face a possible sentence of life in prison if convicted.  In addition to the criminal charges, the men have been named in a personal injury lawsuit filed by Officer Peery on October 31, the day before a $350,000 cap on non-economic damages in personal injury suits, went into effect.  Peery is seeking actual and punitive damages for the catastrophic personal injury he incurred as a result of the beating.  Also named in the lawsuit is The New Dan O'Brien's LLC, the company that owns the establishment where Peery was beaten.  He claims that they are in part liable for his injuries because they continued to serve alcohol to the obviously intoxicated patrons, and because they lacked security on the premises.

Both criminal and civil cases bring heavy consequences for those found guilty or held responsible at the conclusion of the trial.  For legal counsel, contact an experienced personal injury lawyer or criminal defense attorney in Oklahoma City.

7Nov/110

New Law Increases Late Oklahoma Injury Lawsuit Filings

Last week, the Oklahoma Criminal Defense Lawyer blog brought you news of several laws that would take effect November 1.  However, criminal penalties and traffic laws are not the only legislation that has been enacted as of the first of this month.  One new law limits the amount of damages a plaintiff can be awarded in a personal injury suit.  With the limit fast approaching, the last week of October was an extremely busy one if you happened to be an Oklahoma City personal injury attorney or a civil court clerk in the Oklahoma County District Courthouse.

House Bill 2128, which took effect last Tuesday, is part of a push for tort reform.  It caps the award for non-economic damages in a personal injury suit--such as pain and suffering--at $350,000.  Though personal injury lawyers in Oklahoma City say that the vast majority of personal injury litigation will not be affected by the cap, many feel that the law is unfair in capping the amount of compensation for non-economic losses for those who truly deserve financial compensation for their suffering.

Oklahoma City personal injury lawyers were working diligently to file lawsuits for cases that may have been affected by the cap had they been filed after November 1.  According to Teresa Becker, head of the civil division of the Oklahoma County District Court Clerk's office, approximately 1,600 lawsuits were filed in October, with the majority of those cases being filed in the final days of the month.  She told the local media that, in a typical month, the court clerk's office sees between 200 and 500 filings.  If her figures hold true, then in the final four business days of October, there were a month's worth of filings each day:

  • Wednesday, October 26 - 200 lawsuits filed
  • Thursday, October 27 - 200 lawsuits filed
  • Friday, October 28 - 300 lawsuits filed
  • Monday, October 31 - 400 lawsuits filed

Though House Bill 2128 places a cap on the amount of damages awarded for pain and suffering and other non-economic impact of a personal injury accident, the $350,000 limit may be exceeded in certain cases of negligence.  A personal injury attorney in Oklahoma City can evaluate any claim to uncover all potential sources of recovery.

Another law passed in the name of tort reform is Senate Bill 272.  This law eliminates the possibility of being awarded non-economic damages for people involved in motor vehicle accidents if they do not have required auto insurance.  Some Oklahoma City accident attorneys claim that both House Bill 2128 and Senate Bill 272 are unconstitutional and are determined to fight them.  In the meantime, if you are involved in an accident or injured as a result of another's negligence, contact an experienced Oklahoma City personal injury attorney for an evaluation of your case.