Tulsa DUI Attorney Explains New Oklahoma Metabolite DUI-D Law
Tulsa DUI Attorney James Wirth talked with a Tulsa TV station this week about Oklahoma’ metabolite DUI-D law. The law, which took effect Oct. 1, 2013, allows prosecutors to charge anyone with driving under the influence if they have any metabolites of any Oklahoma Schedule 1 drug in their blood, saliva, urine or other bodily fluids.
The presumptive DUI law does not consider whether a driver is actually impaired, or whether the banned metabolites could in any way impair a driver at the time of an arrest. Drivers who legally smoked marijuana in another state could be charged weeks later in Oklahoma.
14 Unemployment Appeal Wins in a Row
The unemployment appeal winning streak continues. Oklahoma unemployment attorney, James M. Wirth, has now won 14 of the last 14 unemployment appeals he has handled. Most of these cases overruled previous denials of unemployment benefits for Wirth Law Office clients.
In the majority of the cases, Mr. Wirth was able to prevent the employer from meeting its burden to establish that the employee was terminated for “misconduct” as defined by Oklahoma case law. But, in some of the cases, the Wirth Law Office client left the employment voluntarily and Mr. Wirth had to establish that there was a good cause basis to quit.
Wirth Law Founder Selected as Brown Mackie Program Advisor
Wirth Law Office founder James Wirth has been appointed to serve on the Brown Mackie College Criminal Justice and Legal Studies Program Advisory Council. As a member of the college’s advisory council, Mr. Wirth will work with other advisors to provide input and advice aimed at improving and refining course offerings for criminal justice and legal studies students.
The advisory council reviews curriculum, classrooms, equipment and staffing to shape the program with an eye toward career success for graduates. As a member of the counsel, Mr. Wirth joins faculty, independent professionals and students providing guidance to the 120-year-old college. Brown Mackie’s Tulsa campus is among 26 locations nationwide where the college offers 14 career-focused degree programs at the bachelor and associate level.
In The News: Tulsa Identity Theft Lawyer Interview
Ashlie King’s talk with Tulsa identity theft attorney James Wirth didn’t make the 10:30 p.m. Newson6 broadcast. CNN explains why: “The showdown was one for the ages, with a dazzling array of airborne theatrics, jaw-dropping dunks and 3-pointers from well behind the line.”
The Louisville Cardinals prevailed over the Michigan Wolverines, 82-76, to clinch the 2013 NCAA Division I men’s basketball championship. The game pre-empted the NewsOn6 10:30 p.m. broadcast. But Ashlei’s conversation with James Wirth was available on the Web, and was part of the morning news broadcast.
In the News: Tulsa Attorney Interviewed about Identity Theft
News On 6 reporter Ashlei King stopped by Wirth Law Office today to talk with Tulsa attorney James Wirth about identity theft. Mr. Wirth had recently handled a case in which a person was wrongly accused of a crime after their identity was stolen.
King was covering a story in which Tulsa County sheriff’s office arrested members of an alleged identity theft ring they said targeted hundreds of instances of identity theft. Those accused of course are presumed innocent until proven guilty. Mr. Wirth provided Ms. King advice on how to avoid becoming a victim of identity theft.
Tulsa Attorney James Wirth Admitted to U.S. Supreme Court Bar
I received notice today that I’ve been admitted to practice in the United States Supreme Court. Admission to the Bar of our nation’s highest court is a milestone and an honor for any attorney. Just as importantly, my ability to take cases to the Supreme Court provides our clients at the Wirth Law Office the assurance that I am ready and able to take their cases as far as need be to get justice for them.
A particular case prompted me to apply for admission to the Supreme Court Bar. Preparing a case to present to the Supreme Court can be tedious and arduous, but success can provide justice not only for a particular client – it can define justice for others who might lack the resources to defend their rights in the nation’s highest court. It’s a duty I shoulder with the utmost respect for my clients, for the courts and for the law.
Admission to the Supreme Court Bar includes some access to reserved seating in the court. That’s a privilege I might not often exercise but which can be useful if ever there is a case I need to watch. My access to the Supreme Court’s law library may prove to be a more valuable resource for my clients.
I’d like to take this opportunity to thank all of our clients at Wirth Law Office who’ve entrusted us with their sensitive legal matters as our firm has grown in size and capacity. I look forward to continuing to provide you the zealous legal representation to which you are entitled.
Felony Child Abuse by Injury Dismissed at Preliminary Hearing
Today I can announce a tremendous victory achieved for a Wirth Law Office client last Thursday. Our client was facing the possibility of life behind bars after being charged with felony child abuse by injury. He had been held in jail unable to make a six figure bond since June. Then last Wednesday (September 5, 2012) we put on the preliminary hearing.
At the preliminary hearing, the State is required to prove by probable cause that a crime was committed and that the defendant committed the crime. Because the probable cause standard is the same standard that was required to have the defendant arrested in the first place, it is unusual for the court to dismiss case at prelim. With tough cross-examination of the State’s witnesses and a few missteps by the prosecutor, I strongly argued that the State did not meet its burden. The hearing went to 7:20 p.m. at which point the judge reset us for the following afternoon for arguments. The judge found probable cause that child abuse occurred, but after arguments the judge agreed with my position and specifically held that the State presented insufficient evidence that our client was responsible for any abuse. All charges dismissed.
The prosecutor vowed to appeal and the case was reset to yesterday (Wednesday, September 12, 2012) to give the State time to appeal. However, the prosecutor either forgot or changed her mind, because when I appeared for court yesterday, the district attorney’s office announced that they had not perfected appeal. The case was formally and irrevocably dismissed.
June 5, 2012 – Four Unemployment Appeal Wins
Attorney James M. Wirth hit a milestone today of four (4) consecutive unemployment appeal victories. In each of the four cases, the Wirth Law Office was hired by clients who had been denied unemployment compensation by the Oklahoma Employment Security Commission. The employer in each case claimed that the Wirth Law Office client was terminated for misconduct and should be denied benefits. In each appeal, Mr. Wirth conducted cross-examination of the employer’s representative after which the appeal tribunal determined that the employer had not established misconduct.
February 2, 2012 – $5,000,000.00 Judgment
The Wirth Law Office has obtained a $5,000,000.00 judgment for a wrongful death claim.
September 2, 2011 – Judge Gambill Reversed
The Wirth Law Office has just received the Opinion from the Oklahoma Court of Civil Appeals granting our appeal and reversing the decision of the Honorable Judge Bruce David Gambill of Osage County, Oklahoma. This is the third consecutive successful civil appeal filed by James M. Wirth. The two previous winning appeals overturned rulings by Judge Matthews of Pawnee County and Judge Upp of Oklahoma County.
In granting Mr. Wirth’s appeal, the appellate court noted that Judge Gambill’s decision was a “clear abuse of discretion.” It further stated that the “trial court failed to follow the requirements of [the statute] in any respect.”
August 31, 2011 – Felony Charge Dismissed
Wirth Law Office’s client was charged with six (6) counts of Obtaining Money by False Pretense in October of 1996. A warrant was issued for his arrest, but the warrant was never executed. Fourteen years later, the client finds out about the case for the first time and retains the Wirth Law Office.
Normally the firm has very good success getting these matters dismissed with the agreement of prosecutors because it is so patently unfair to require a defendant to defend himself against charges a decade and a half old. The district attorney’s office was able to do its investigation back in 1996 and presumably preserved the evidence it intended to use. However, the client had no opportunity to investigate the case and preserve exculpatory evidence, as he was unaware of the charge. Moreover, there is United States Supreme Court precedent (Doggett v. United States, 505 U.S. 647 (1992)), directly on point that mandates dismissal in cases such as this.
Nonetheless, the prosecutors in this matter refused to voluntarily dismiss and failed to provide any legitimate authority to support their position that dismissal is not required. Wirth Law Office’s client, who now resides out of state, paid to fly into Oklahoma twice to resolve this matter. The second time was for today’s hearing on the Motion to Dismiss for Lack of Speedy Trial. After testimony and arguments on Wirth Law Office’s motion, the Judge granted the motion and dismissed all charges against the client.
August 15, 2011 – Motion to Suppress Granted
Today Tulsa attorney James M. Wirth was successful in getting all incriminating evidence suppressed in a criminal case in Tulsa County District Court. Wirth Law Office’s client was charged with Endeavoring to Manufacture Methamphetamine. However, the police obtained incriminating evidence by entering a Tulsa home without a warrant. At the preliminary hearing, Mr. Wirth and the co-defendant’s attorney, Adam Haselgren, both argued that there was no valid exception to the warrant requirement. Judge Youll agreed that the parties’ 4th Amendment rights had been violated and suppressed all evidence. UPDATE (August 23, 2011). The State failed to perfect an appeal regarding the motion to suppress, so all charges against Wirth Law Office’s client were dismissed. Furthermore, the client is eligible for a complete expungement of the court case and the arrest.
August 5, 2011 – Embezzlement Charge Quashed
Wirth Law Office’s client was charged with two counts in Tulsa County District Court. At the preliminary hearing the District Attorney was required to prove by probable cause (same standard it takes to arrest someone) that the crimes occurred and were committed by the defendant. Believing that the State did not meet this burden, Wirth Law Office attorney, Charles M. Parrish, drafted a motion to quash the charges. After a hearing on August 5, 2011, Judge Kellough granted the motion to quash and dismissed the Embezzlement charge. The remaining charge is now heading for trial.
July 18, 2011 – Malpractice Settlement
Today the Wirth Law Office successfully settled a medical malpractice claim for a client injured by the negligence of a medical professional. Although we cannot specify the exact amount obtained, we are very proud of the settlement as we received more than the amount we demanded prior to filing suit against the medical practitioner.
May 11, 2011 – Remarkable Settlement
Today’s settlement is not the largest one for the firm, or even close to it, but it is remarkable in another respect. The amount of the settlement is over 3 times (300%) more than the client’s previous attorney told her was the best offer she would get.
This client retained the Wirth Law Office in February of this year after having another attorney. She was injured in a minor car wreck, but she had medical bills and other damages. The first attorney she retained was one that you have probably seen promoting his Tulsa personal injury firm in television advertisements. The final offer this attorney received to compensate her was $5,000.00. The letter the insurance company sent to this attorney indicated that this was the “last offer.” The attorney told the client this is the most you are going to get and suggested she settle. She instead fired that attorney and retained the Wirth Law Office. Within a few months, the Wirth Law Office had the claim settled for $15,750.00.
May 6, 2011 – Two Dismissed Cases this Week
The Wirth Law Office successfully argued for dismissals in two unrelated criminal cases this week. First, on Wednesday, Mr. Wirth convinced the prosecutor to dismiss a Malicious Injury to Property case, without the client ever having to be arrested or processed on the then active warrant. Then on Friday, Mr. Wirth obtained a dismissal in a Domestic Assault and Battery in the Presence of a Minor Child case. The State had insufficient evidence to bring the case to trial, but nonetheless attempted to bluff Wirth Law Office’s client into taking a plea deal. Based on advise of counsel, the client rejected the deal and the prosecutor dismissed the case rather than take it to trial.
April 14, 2011 – Wagoner Office Awning Up
After months of planning the sign company has finally completed and installed the awning at our Wagoner Office.
March 8, 2011 – Wagoner Phone Directory
The 2011 Windstream phone book for Wagoner / Coweta is distributing with the Wirth Law Office – Wagoner featured on the front cover and with a full page advertisemnt and two quarter page advertisments in the yellow pages under the Attorney listing.
March 4, 2011 – 2 Dismissals in 2 hours
Wirth Law Office attorneys closed two criminal cases today for two clients with complete dismissals. The first case was a Domestic Assault and Battery case that was dismissed at Pre-Trial. The second case involved a charge of Obtaining Property Under False Pretenses. Tulsa lawyer, James M. Wirth was able to get this case dismissed after speaking with the prosecutor about speedy trial violations. Both cases were dismissed in such a way that will allow the clients to obtain complete expungements of the cases and arrests.
November 9, 2010 – Wirth Makes Law
The appellate victory announced yesterday has been released for publication, which means it will become precedent and common law, that can be cited as authority in other cases. The Dilbeck case, which can be seen here, will stand for the point that a Parenting Coordinator cannot make recommendations regarding custody.
November 8, 2010 – Judge Reversed on Appeal
Wirth Law Office attorney, James M. Wirth, received a huge victory today from the Oklahoma Court of Civil Appeals. Back in February of 2009, while Mr. Wirth was working at the Kania Law Office, he drafted and filed an appeal for a mother who lost custody of her son due to the recommendations of a Parenting Coordinator. Mr. Wirth argued that the Parenting Coordinator greatly exceeded his authority when recommending a change of custody and that Judge Henry of the Pawnee County District Court was wrong when he signed off on the change of custody. Today the Oklahoma Court of Civil Appeals announced its decision, which agreed with Mr. Wirth, and vacated the order appointing the Parenting Coordinator, reversed the Judge’s order granting a change of custody, and remanded the case to the trial court with directions to deny the request for a change of custody. Click here to see the opinion in PDF file.
September 10, 2010 – New Attorney Hire
The Wirth Law Office’s legal intent received his Oklahoma Bar Examination results today. The firm is proud to announce that Chuck M. Parrish, J.D., will be a new attorney for the firm after he is sworn in by the Oklahoma Supreme Court on September 23, 2010.
September 3, 2010 – Okmulgee Web Site Up
The Wirth Law Office launches the Web site for its soon to open Okmulgee office. Go to www.okmulgeeattorney.com to see.
August 16, 2010 – Intern Hired
The Wirth Law Office hires recent University of Tulsa – College of Law graduate, Chuck M. Parrish, as a legal intern. Mr. Parrish took the Oklahoma Bar Examination in July and is set to receive his results on September 10, 2010. Upon swearing in to the Oklahoma Bar Association, Mr. Parrish will be an associate attorney working at the Wirth Law Office’s Tulsa office.
August 2, 2010 – Wagoner Office Opens
The Wirth Law Office’s Wagoner office (Wirth Law Office – Wagoner) officially opens catty-corner to the Wagoner County District Court. Wagoner resident and former Legal Aid attorney Paul J. Sowinski, Esq., is the lead attorney at the Wagoner office.
July 27, 2010 – Speedy Trial Dismissal
Attorney James M. Wirth appeared in court today for a client charged with writing a Bogus Check in 2001. Although, charges were filed and a warrant issued in 2003, the State of Oklahoma did not pick the defendant up to face the charges until January of 2010. The Wirth Law Office was retained on the case on July 6, 2010. Today Mr. Wirth appeared and expressed concerns to the prosecutor that they had violated defendant’s right to speedy trial by failing to move the case forward for seven (7) years. Mr. Wirth requested that the prosecutor voluntarily dismissed the case; however, the prosecutor was unwilling to voluntarily dismiss. Mr. Wirth then made oral arguments for a dismissal based on a violation of speedy trial rights to the Court and the Judge granted motion, dismissing all charges pending against Wirth Law Office’s client.
July 23, 2010 – Sentencing VIctory
The Wirth Law Office scored a victory for a client today when the client received a five (5) year deferred sentence on the charge of distributing cocaine to an undercover officer. The Assistant District Attorney assigned to the case strongly objected to a deferred sentence (which allows the case to be dismissed and expunged upon successful completion of probation), so the client, at Mr. Wirth’s suggestion, blind plead to the judge. Mr. Wirth and the Assistant District Attorney made oral arguments, with Mr. Wirth requesting a deferred sentence and today the judge entered a deferred sentence for the Wirth Law Office’s client.
July 19, 2010 – Assault & Battery Dismissal
The Wirth Law Office’s client was charged with Assault & Battery when she attempted to break-up a fight between her child and her neighbor’s child. Attorney James M. Wirth requested a trial on the matter and it was set for today at 2:00 p.m. When 2:00 p.m. came around, the prosecutor conceded that he had insufficient evidence available to put on the trial and dismissed all pending charges against Mr. Wirth’s client.
June 25, 2010 – Domestic A&B Dismissal
Today attorney James M. Wirth obtained a complete dismissal on all charges against a client charged with Domestic Assault and Battery. From the beginning of the criminal filing, the alleged victim did not want charges pursued. At the arraignment, the alleged victim advised the district attorney’s office of the same; however, they refused to drop the charge. The alleged victim later appeared at the district attorney’s office for a second time, this time with her own attorney, and filled out paperwork noting she did not want the case pursued. The district attorney still refused to dismiss the case. It was not until Wirth Law Office attorney, James M. Wirth set it for trial, and appeared for pre-trial that the State finally dismissed the case.
May 26, 2010 – Felony Drug Dismissal
Wirth Law Office lawyer, James M. Wirth, appeared for a client charged with felony Unlawful Possession of Controlled Drug – Second Offense, Operating Vehicle without License Plate, and Failure to Carry Insurance. After arguments made to the prosecution regarding infirmities in the State’s case, Mr. Wirth was able to convince the prosecutor to dismiss each of the three counts. Additionally, as the dismissal was received early in the case, the client is eligible for a complete expungement of the court case and arrest. This result was a great relief to the client who was facing a minimum sentence of two (2) years, with the possibility of as much as ten (10) years.
May 11, 2010 – Workers’ Comp. Trial VIctory
Today the Wirth Law Office received the Order of the Workers’ Compensation Court from a May 5, 2010 bench trial attorney James M. Wirth put on. Wirth Law Office’s client was injured on the job but the employer refused to provide him with medical treatment and other workers’ compensation benefits. The employer even called two of its current employees to the stand to testify that the client was never injured on the job. Despite the employers charades, the Judge agreed with Mr. Wirth’s presentation of the case and awarded benefits to the client. Now the client can finally get the spinal surgery that employer was denying him.
April 26, 2010 – Dismissal
Wirth Law Office lawyer James M. Wirth, appeared for a client charged with Violation of the Compulsory Attendance Act and received a complete dismissal after brief arguments made in court.
January 26, 2010 – Felony Dismissal
Today Wirth Law Office lawyer James M. Wirth obtained a complete dismissal for a client charged with Endeavoring to Manufacture Methamphetamines. Until it was dismissed the charge carried the sentencing range of seven (7) years to life.
The client was originally charged with Manufacturing Methamphetamines; however, after fighting a two (2) day preliminary hearing which ended on July 6, 2009, the charge was reduced to Endeavoring to Manufacture Methamphetamines. The matter was set for Jury Trial on January 19, 2010. On the date of trial attorney, James M. Wirth, discovered a new technical argument that could be made against the charges and the matter was continued. On January 25, 2010,James M. Wirth filed a motion requesting dismissal based on the new argument. This morning, the case and all charges against the client were dismissed.
Grand Opening Announcement
Friday, January 1, 2010
Email Text Notice of Grand Opening
After practicing law for five years and working literally over a thousand cases, I have decided to leave the Kania Law Office and open my own practice, the Wirth Law Office. Over the previous four years at the Kania Law Office, I have achieved felony jury trial acquittals, six figure personal injury settlements, and successful appeals; I wish to continue this winning track history at the Wirth Law Office.
Clients I have worked with at the Kania Law Office, will continue with the Kania Law Office, although I may help out on some cases on an “of counsel” basis. If there are any questions regarding outstanding cases, please contact the Kania Law Office at (918) 743-2233 or me at (918) 879-1681.
Please update your contact information with the details below and know that referrals are greatly appreciated, for those in need of legal representation in personal injury, criminal defense, family law, workers’ compensation, and bankruptcy.
James M. Wirth, Esq.
Wirth Law Office
406 S. Boulder Ave., Suite 490
Tulsa, OK 74103
Toll Free: (888) Wirth-Law
Telephone: (918) 879-1681
Facsimile: (918) 879-1682