December 2009 Tulsa County District Court
J.H. was charged with driving under the influence of alcohol (DUI) in the District Court of Tulsa County. The state was being unreasonable so I set the case for trial. Through my investigation I was able to determine that the sheriff who arrested J.H. was on vacation when the trial was set. This means that the state would not be able to have their witnesses at trial.
I insisted on the trial going and strenuously objected to any passes so the state had to tell the judge that they were not ready for trial and the DUI case was dismissed.
April 2009 Tulsa County District Court
H.S. was charged with felony Driving Under the Influence of Alcohol (DUI) with a great bodily injury accident resulting. H.S. was leaving a popular restaurant/bar area in the greater Tulsa and Jenks area after having had a few drinks with family and friends when she was arrested for the DUI. The DUI accident occurred after dark when H.S. was turning left and failed to see a motorcycle. The rider of the motorcycle received significant injuries.
H.S. made the mistake of initially retaining an attorney that did not fight hard. After the other attorney waived many of H.S.’s rights she started to figure out that her attorney was not doing a good job and she retained me. Once I entered the case, did an investigation, did research on the applicable law and filed several motions with the Tulsa County District Court H.S. began to get her rights back.
Among the significant errors that H.S.’s prior lawyer made was their failure to make sure the officers that arrested H.S. and administered her breathalyzer for the DUI did their jobs properly. I was able to discover that the blood alcohol test was administered outside of the time that is statutorily permitted for a resulting blood alcohol content reading to be admitted into court.
I also asked the court to find that H.S.’s prior attorney was ineffective and incompetent and unable to establish the DUI facts of the client’s case. During that hearing I was able to establish that the blood alcohol test was faulty. The state of Oklahoma, through the Tulsa County District Attorney’s Office figured out that the case was going south for them and offered H.S. a stellar deal where she would be on a very short unsupervised deferred probation. H.S. having been facing prison time before, jumped on the deal. The deferred probation time passed quickly and the case was dismissed and expunged off H.S.’s record.
MARCH 2008 BIXBY MUNICIPAL COURT
S.S. was charged with an Oklahoma DUI. After motions and a hearing, I was able to convince the Judge to dismiss the case based on a lack of probable cause for the pull over and lack of jurisdiction of the arresting officers.