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But I Thought it Was a Misdemeanor?

Oklahoma has several crimes that upon first offense are just considered Misdemeanors, but second offenses are potentially felonies. And the Oklahoma Legislature, which has never suffered from a an abundance of common sense, keeps adding more and more crimes which are “predicates for felonies.” The most common crimes that are charged as felonies upon a second occurrence are Driving...
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Honest Mistakes

One of my first experiences as a young lawyer-to-be had a huge impact on my view of our criminal justice system. I was still an intern and was covering a case for my brother’s partner. In this case, my client was pulled over for running a stop light and eventually arrested for a misdemeanor which has...
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Texting and Driving

Beginning yesterday, Oklahoma became one of the last states to enact a law specifically banning texting and driving. Nevermind that we already had the following law: 47 O.S. 11-901(b): The operator of every vehicle, while driving, shall devote their full time and attention to such driving…[officer must] observe the operator of the vehicle driving in...
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No Refusal Weekend

There has been some publicity regarding what is called a “no refusal weekend” in Norman tonight and tomorrow. Here is how it works: If you are pulled over for suspicion of DUI and you refuse to take the State’s test, they will contact a judge and request a warrant to stick a needle in your arm and take your blood without...
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Presumption of Innocence

This week has been both heartbreaking and infuriating. If you live under a rock, a 25 year old woman drove into a crowd killing 4 people and leaving dozens of others injured. Almost immediately rumors began swirling about what had happened. Many of these rumors were breathlessly repeated in print and on the internet. It was an elderly...
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