Wirth Law Office - Tulsa Tulsa Attorney Blog

  • Tulsa Traffic Ticket Attorney Explains Uninsured Driver Law on Fox 23

    A new Oklahoma law that allows cameras to be used in ticketing motorists suspected of driving without insurance could result in arrest of innocent drivers. Tulsa traffic ticket attorney James Wirth told Fox 23 the semi-automated, camera-driven system could issue as many as 20,000 uninsured driving tickets a month.

  • Bill Would Abolish the Oklahoma Court of Criminal Appeals (Part 1)

    oklahoma court of criminal appeals

    A bill in the 2018 Oklahoma legislature would let voters decide whether the Oklahoma Court of Criminal Appeals should be abolished. Among 50 states, only Oklahoma and Texas have separate appeals courts for criminal and civil matters. Defense attorneys say the split has resulted in a prosecution friendly appeals court that is sometimes blithe indifference to its own precedents.

  • Will Move to Abolish the Oklahoma Criminal Appeals Succeed? (Part 2)

    oklahoma court of criminal appeals

    A proposal to let voters decide the future of the Oklahoma Court of Criminal Appeals might face an uphill battle in the legislature. Oklahoma lawmakers have had a chilly relationship with the Oklahoma’s other appeals court, which could take on the work of the criminal appeals court if voters approved the measure.

  • Researchers Say Police Interrogation Technique Elicits False Confessions

    false confession

    Until recently, nearly every police agency in the nation relied on an interrogation practice called the “Reid Method.” This harsh method aims to squeeze confessions from suspects through stress, fatigue, intimidation and sympathy. A recent research paper by a University of Virginia Law student suggests the Reid Method is highly likely to elicit false confessions. […]

  • Shaken Baby Syndrome Relies on Shaky Science

    shaken baby syndrome

    Recent research that reviewed thousands of child abuse cases where shaken baby syndrome was alleged revealed there is virtually no reason to presume abusive head trauma was to blame when no evidence beyond an infant’s symptoms or brain injuries were present.

  • Tulsa Attorney Explains Uninsured Driver Enforcement Flaws on KTUL

    Tulsa uninsured driver attorney

    Tulsa attorney James M. Wirth appeared on KTUL to explain flaws a new law that will use remote cameras to enforce Oklahoma driving without insurance laws. The law ignores an age old presumption of innocence before trial, makes light of probable cause requirements before a citation can be issued, lays groundwork for arrest warrants to name insured drivers who never received notices of a citations, allows officials to rely on a database that might exclude one in 20 insured drivers, and appears to be a cash cow for District Attorneys who can shuffle accused drivers into a probation program without ever taking them to court.

  • Swedish Firm Operates Cameras Enforcing Oklahoma Driving Without Insurance Law

    policing for profit oklahoma

    Cameras to enforce Oklahoma compulsory insurance laws headed to Tulsa. The semi-automated system is likely to result in systematic wrongful prosecutions. District Attorneys, who stand to gain $20 million a year for operation of the program, have little incentive to curtail wrongful prosecution or arrest of otherwise insured drivers.

  • Robotic Uninsured Driver Enforcement Could Automate Wrongful Prosecution

    driving without insurance Oklahoma cameras

    A police officer’s desktop review of images taken by roadside cameras and information stored in state databases is enough to arrest drivers suspected of driving without insurance in Oklahoma. The newly approved system threatens to automate wrongful prosecution by District Attorneys who have a financial incentive to allow systematic mistakes.

  • Sweeping 2017 Oklahoma DUI Law Overturned

    Oklahoma DUI law overturned

    The Oklahoma Supreme Court has overturned a sweeping 2017 DUI law for due-process flaws and for violating constitutional single-subject requirements. The entire law was set aside before it even took effect. The decision means ongoing uncertainty for thousands of drivers accused of DUI – and police enforcing DUI laws – with regard to the procedure for contesting drivers license revocations after DUI arrests.

  • When Is My Court Date? Ask the Courtbot App

    When Is My Court Date? Ask the Courtbot App If you wonder how to remember when your next court date is, you now have an easy button. A new app lets you enter your case number and get a text message 24 hours before a court date. Now, we would not recommend a free, open […]

  • Oklahoma Supreme Court Strikes Barrier to Medical Malpractice Cases

    Medical malpractice in Oklahoma

    The Oklahoma Supreme Court has again stricken a law that required plaintiffs to seek an experts approval before filing medical malpractice lawsuits.

  • State Ordered to Pay Attorneys Fees in Illegal Drivers License Revocation

    Oklahoma drivers license revocation

    In a precedent-setting case, the Oklahoma Dept. of Public Safety was ordered to pay attorney fees after the agency twice illegally revoked a mans drivers license.

  • Wirth Law Office Renovates 500 W. 7th St. in Preparation for Relocation

    As one of Tulsa’s fastest growing law firms, Wirth Law Office has carved out a new location near the Tulsa County District Court. View images of the remodeling project as Wirth Law makes its mark on Seventh Street.

  • DHS to Start Pocketing a Share of Your Child Support

    Oklahoma child support services

    Oklahoma DHS Child Support Services has announced plans to charge custodial parents a 3 percent fee – per child – for collecting support payments from a non-custodial parent. A Tulsa child support attorney explains.

  • Wirth Law’s Okmulgee Attorney Speaks Out on Motion to Disqualify Judge

    Okmulgee attorney Justin Mosteller

    The Tulsa World quoted Wirth Law Office’s Okmulgee criminal defense attorney Justin Mosteller in an article about Okmulgee District Attorney Rob Burriss’ Motion to Disqualify Judge Ken Adair from hearing criminal cases in Okmulgee. The judge stayed action in about 200 cases for more potnetially than three months until the Motion to Disqualify is resolved. Mosteller said the motion could have a chilling effect on judges who question the truthfulness of police testimony.

  • Okmulgee District Attorney Wants Judge Disqualified

    Okmulgee County District Court

    The Okmulgee County District Attorney is seeking the disqualification of an Okmulgee judge after the judge on four occasions over four years ruled that police officers lied or embellished facts during testimony. The DA’s Motion to Disqualify does not dispute the judge’s rulings, but claims they could represent a bias against law enforcement.

  • Wirth Law Office Tulsa Attorneys Are Moving Up

    Seventh Street Tulsa Attorneys

    A move to firm-owned offices located near Tulsa County District Court will anchor Wirth Law Office as a premiere member of the Tulsa legal community and solidify our reputation among Tulsa’s fastest growing law firms.

  • Oklahoma Informed Consent Requires Disclosure When Assistants Perform Surgery

    Tulsa medical negligence attorney

    The Oklahoma Supreme Court has reversed a district court decision in a Tulsa medical negligence case where a patient said she had not given informed consent for an assistant’s involvement in surgical procedures. In Oklahoma medical negligence claims, evidence that a patient did not consent to a particular assistant’s participation can be a reason to take a case to trial, the court concluded.

  • Tulsa Expungement Attorney on KTUL’s Good Day Tulsa

    Tulsa Oklahoma expungement lawyers

    Changes in Oklahoma expungment law now make it easier than ever to get Oklahoma court records sealed. Tulsa expungement attorney James Wirth explained the new expungment laws to Good Day Tulsa’s Erin Christy.

  • Rape-Kit Task Force Could Spark Flood of Oklahoma Rape Charges

    Tulsa sex crimes DNA defense attorney

    An Oklahoma governors panel tasked with explaining a backlog of rape kits in police evidence warehouses has the potential to start a flood new Oklahoma rape charges against innocent people based on trivial DNA evidence and contrived theories of a crime. A new look at old DNA evidence could, however, result in wrongfully convicted people finally finding justice.

  • State Court Defines Primary Physical Custody in Oklahoma Joint Custody Orders

    Tulsa child custody attorneys

    In a landmark child custody ruling, The Oklahoma Supreme Court has decided parents who share share joint custody of a child may not petition to relocate the child unless a court has declared one parent to be the primary physical custodian. A Tulsa child custody attoroIn a landmark child custody ruling, The Oklahoma Supreme Court has decided parents who share share joint custody of a child may not petition to relocate the child unless a court has declared one parent to be the primary physical custodian. explains how the ruling affects parents with various types of child custody in Oklahoma.

  • Oklahoma Supreme Court Finds Speedy Trial Violation in DUI License Revocation

    Oklahoma speedy trial violations in DUI cases

    The Oklahoma Supreme Court handed down speedy trial guidelines for DPS drivers license revocation hearings, suggesting the hearings must be scheduled within 60 days after DPS receives a request for a hearing. But DPS has been notoriously reluctant to accept its losses. While the new precedent could pave the way for streamlined hearing process, we anticipate the DPS docket will remain clogged with cases the Supreme Court would likely dismiss but DPS will more likely refuse to let go until told to do so by a superior court.

  • Wirth Law Office Expungement Attorney in the Tulsa World

    Tulsa expungment lawyer

    Tulsa expungement attorney James Wirth sponsored a full-page ad in the Jan. 29, 2017 Tulsa World to explain the benefits of sealing court records in view of recent changes in Oklahoma expungement law.

  • Appeals Court: Oklahoma DUI Prosecutions Can Rely on Invalid Rules

    Tulsa DUI Breathalyzer Attorney

    Oklahoma Court of Criminal Appeals concluded DUI attorneys cannot challenge admissibility of breathalyzer results based on the Board of Tests failure to follow state rules for authorizing breathalyzer equipment.

  • Tulsa Common Law Marriage Attorney on Fox 23

    Oklahoma courts require clear and convincing evidence when a common law marriage is alleged. Common law marriage can occur with a meeting of the minds between two partners who agree to be married, but proving that agreement can be a more complicated endeavor.

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