Wirth Law Office - Tulsa Tulsa Attorney Blog
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When Can a Dismissal Be a Conviction under Oklahoma Law? When You Have a CDL!
When a dismissal can be a conviction under Oklahoma law if you have a CDL. Learn from Tulsa Attorney James Wirth in this informative post.
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When Is Blowing .04 the Same as a DUI? When You Have a CDL in Oklahoma!
Blowing a.04 can lead to DUI charges for commercial drivers in Oklahoma. Contact Tulsa Attorney James Wirth for legal advice on CDL laws.
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Victory in Court: How We Fought for Attorney’s Fees from the State of Oklahoma
Learn how a recent change in law allowed us to fight for attorney’s fees from the State of Oklahoma in a forfeiture case and ultimately win.
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What Is a Work Permit or Hardship Driver’s License in Oklahoma: Provisional Driver’s License?
Explore the availability of work permits and hardship driver’s licenses in Oklahoma by consulting Tulsa attorney James Wirth.
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There Are No Hardship or Work Permits for Commercial Drivers’ Licenses in Oklahoma
If you require legal guidance regarding CDL , reach out to lawyer James Wirth for assistance with your case.
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What Are “Serious Traffic Offenses” for Commercial Drivers in Oklahoma?
If you’re a CDL holder, there are various types of traffic offenses that can lead to major or serious offenses.
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What Is a “Major Violation” for Commercial Drivers in Oklahoma?
As a commercial driver in Oklahoma, it’s important to understand what constitutes a major violation. These are the violations that could lead to the loss of your commercial driving privileges for up to one year, and they include driving or being in actual physical possession of a commercial vehicle with a blood alcohol level of.04 or more, refusal to submit to a chemical test, hit and run accidents, and any felony involving the use of a commercial vehicle. Additionally, a second conviction for any of these offenses results in a lifetime disqualification. If you’re facing a major violation or serious traffic offense, it’s crucial to speak with an experienced attorney.
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Power of Attorney for Custody vs. Guardianship in Oklahoma
Learn about the differences between Power of Attorney for custody and guardianship in Oklahoma with attorney James Wirth. Power of Attorney for custody is a template that allows a parent or legal custodian to delegate decision-making authority to a third party, while guardianship is a court proceeding that takes away decision-making authority from the parents or legal custodians and vests it with the guardians. Power of Attorney for custody lasts for a maximum of one year and can be terminated at any time by the legal custodian, while guardianship can go on indefinitely and must be terminated by the court. Seek legal advice to determine the best option for your specific circumstances.
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Power of Attorney (POA) vs. Guardianship in Oklahoma
As we get older, it’s important to plan for the future and consider who will make decisions for us in the event that we can’t do it ourselves. In Oklahoma, there are two options: power of attorney and guardianship. While both give someone else the authority to act on our behalf, there are important differences to consider. Power of attorney can be effective immediately and is executed outside of court, while guardianship requires court approval and is only necessary if the person cannot make decisions for themselves. It’s important to plan ahead and work with an attorney to determine which option is best for you and your loved ones.
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What Is an Out-Of-Service Order for an Oklahoma Commercial Driver?
Learn about out-of-service orders for Oklahoma commercial drivers. An out-of-service order is when law enforcement or an inspector from the Department of Transportation orders you not to drive a commercial vehicle for a specified amount of time due to a violation of federal law. This can be based on your condition, how many hours you’ve been driving, or other potential violations. The specified period of time can range from 24 hours to months or even longer. To rectify the situation, you may need to comply with certain regulations before being allowed to drive again. If you need legal assistance with an out-of-service order or other commercial driving issue, contact an attorney at MakeLawEasy.com.
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What Is an Out-Of-Service Order Violation for CDL Holders in Oklahoma?
An out-of-service order violation can be a serious offense for commercial drivers in Oklahoma. According to attorney James Wirth, this violation occurs when a CDL holder is caught driving a commercial vehicle while under an out-of-service order. The consequences of this violation depend on factors such as hazardous material transportation, operating a vehicle designed for 15+ passengers, and involvement in a railroad crossing. The first offense can lead to a 90-day disqualification, while a third conviction within 10 years may result in a three-year disqualification. It’s important to seek the advice of a Tulsa CDL lawyer if you’re facing these circumstances to protect your livelihood.
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Oklahoma Attorney General Advises Ottawa County District Attorney to Continue Prosecuting Indians
The Attorney General of Oklahoma has advised the District Attorney of Ottawa County to continue prosecuting Indians, despite a judge’s ruling that the state lacks jurisdiction. This issue arises from the McGirt ruling by the United States Supreme Court in 2020, which stipulated that Indian reservations established by Congress cannot be disestablished without clear evidence of congressional intent. The ruling means that Indians alleged to have committed crimes within such reservations cannot be prosecuted by the state, but must be prosecuted either by the tribe or by federal courts. In Ottawa County, various tribes assert that they were not disestablished and that Indians cannot be prosecuted by the state. The Attorney General’s letter has sparked controversy, with some alleging that it suggests that the AG and the prosecution are above the law.
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What is the Felony Murder Rule in Oklahoma?
The felony murder rule in Oklahoma can result in a conviction of first-degree or second-degree murder without actually committing the killing. This rule applies when a death occurs as a result of an act in the commission of another felony committed by a person engaged with the defendant. Underlying crimes such as forcible rape, robbery with a dangerous weapon, or trafficking and illegal drugs can all lead to a charge of first-degree murder. If the felony offense is different and results in death, the charge could be second-degree murder. This rule makes it easier for prosecutors to convict without having to prove intent. If you are facing such an allegation, it is advisable to seek legal advice.
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Should the Felony Murder Rule in Oklahoma Be Repealed?
The Felony Murder Rule in Oklahoma is a controversial topic that has sparked debate in the legal community. This rule allows someone to be charged and found guilty of murder even if they did not intend or cause the death of the person. The recent case of Oklahoma v. Pleasant has brought this issue to the forefront, where an inmate is being charged with murder for releasing other prisoners as part of a kidnapping. Tulsa attorney James Wirth questions whether this rule makes sense in Oklahoma and believes that people should only be charged with crimes that they have committed with intent. Share your thoughts on this issue and seek legal advice if you’re facing a similar circumstance.
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When Is the Best Time in an Oklahoma Criminal Case for Plea Negotiations?
Strategic planning and finding common ground between both sides can lead to favorable plea deals that save time and avoid lengthy trials.
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Wirth Law Office
Tulsa,OK 74119
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James M. Wirth
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