Wirth Law Office - Tulsa Tulsa Attorney Blog
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 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.
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.
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.
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 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 […]
The Oklahoma Supreme Court has again stricken a law that required plaintiffs to seek an experts approval before filing medical malpractice lawsuits.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
A Tulsa expungment lawyer explains how people convicted of some misdemenaors are immediately eligible to have the conviction removed from public records. Wait times for other expungments were cut from 10 years to five years. The law also allows some people convicted of two non-violent felonies to seek expungment.
Tulsa auto accident attorney James Wirth spoke with Tulsa’s Channel 8 about the limits of auto liability coverage and how policy limits affect personal injury lawsuits in Oklahoma. The reporter needed more information about Oklahoma personal injury law after a victim of the 2015 Oklahoma State University homecoming crash filed a lawsuit seeking compensation for damages.
Posting bond can reduce your chances of getting a court-appointed attorney in Oklahoma. Yet, even if you post bond, when you appear in court without an attorney the court must still ask whether you can afford an attorney. If a court fails to ask about your ability to pay for legal counsel, any decisions the court makes while you do not have a lawyer might be reversed on appeal.
State Failed to Adopt Valid Intoxilyzer 8000 Rules The Oklahoma Supreme Court on Sept. 26, 2016 declined to review the Oklahoma Court of Civil Appeals decision in a drivers license revocation case that effectively – should – make breath test evidence from the current generation of breathalyzer machines inadmissible in Oklahoma DUI cases. It might […]