Wirth Law Office - Tulsa Tulsa Attorney Blog

  • Past Pot Use Can Be an Crime Under Oklahoma’s New Zero-tolerance DUI-D Law

    Police call it DUI-D. A new law that takes effect today, Oct. 1, 2013, makes it a crime for anyone driving in Oklahoma to have any detectable amount of marijuana in their blood, saliva, urine or “other bodily fluids.” Drivers on Oklahoma highways need to be wary. Police may soon be using new tactics to […]

  • Do Parts of the Oklahoma Violent Offender Registry Law Deny Equal Protection?

    The reasoning behind a September 2013 Oklahoma Supreme Court decision striking down a portion of the Oklahoma sex offender registry law appears to call into question portions of the Oklahoma violent offender registry law. In Hendricks v Jones, 2013 OK 71 the court stated: “We hold applying SORA’s requirements to sex offenders now residing in […]

  • Oklahoma Sex Offender Registration Laws Reversed – Again and Again

    Two decisions handed down by the Oklahoma Supreme Court this month continued to roll back the Oklahoma Dept. of Corrections’ over-aggressive application of the Oklahoma Sex Offender Registration Act. This month’s decisions involved convicted sex offenders who moved to Oklahoma and were required to comply with Oklahoma sex offender registration rules. The decisions follow a […]

  • Rogers County DA: ‘I’m Little Ashamed of Some Law Enforcement’

    Cue the famous clang – “cha Chung!” – from the ever-popular TV series Law & Order. During the program’s 20-year run, police and prosecutors frequently clashed over competing interests. Cops sometimes wanted to make cases at any cost. Prosecutors wanted cases that withstood legal review. The ongoing clash in Rogers County, Oklahoma between police and […]

  • Incentives Taint Crime Labs’ Forensic Science, Oklahoma Ranks Among Worst

    Criminal defense attorneys in Oklahoma are prohibited by rules of professional ethics from charging fees based on results. The same rules don’t apply to the state’s crime labs where employees provide forensic science expertise for the prosecution. Oklahoma is among several states where forensic science is funded by fees levied against defendants upon conviction. Does […]

  • In New Jersey, You Don’t Have to Be a Driver to be Liable in a Texting and Driving Car Accident

    Texting and driving is now widely recognized as a potentially dangerous distraction for drivers. In New Jersey, it is no longer just the distracted driver using a cell phone who can get into legal trouble for a car crash; the person on other end of the phone sending text messages to the driver can also […]

  • Rogers County Sheriff Seeks Grand Jury Investigation of Rogers County District Attorney

    A war of words raging among elected officials in Rogers County by way of court filings and public allegations has escalated again. This time, the Rogers County Sheriff and five others filed an unusual motion to authorize a citizens’ petition for a grand jury investigation into allegations against the Rogers County District Attorney, three assistant […]

  • Ohio Judge Rules Against Intoxilyzer 8000 Breathalyzer Used in Oklahoma DUI Cases

    An Ohio appeals court ruling this month delivered a severe body blow to a breathalyzer machine now being used in Oklahoma DUI cases to infer blood alcohol levels in drivers suspected of driving under the influence. A judge ruled the results from the Intoxilyzer 8000 are “not scientifically reliable.” In Ohio – as has been […]

  • Rogers County District Attorney Election Promises Long, Lively Campaign

    The 2014 Rogers County District Attorney election promises to be among the more intriguing local elections we’ve seen lately. We have already seen a cop suing the DA, the DA suing a newspaper and a judge seeking election to the DA’s office fired – at a meeting reportedly called by a relative of the current […]

  • Drug Defendants Robbed of Basic Rights By Secret Police

    By now most of us know the government is snooping on our telephone and Internet traffic. Reports detailing how the National Security Agency sucks up vast amounts of data generated by routine activities of hapless citizens not suspected of any crime long predate smoking-gun documents leaked this summer by a former NSA worker. In the […]

  • Jurors Scold Prosecution in Muskogee Trial

    A Muskogee jury issued an unusual post-trial statement after an Aug. 8, 2013 trial, admonishing police and the District Attorney’s office for a “sloppy and incomplete job.” The unusual scolding came at the end of a trial in which Muskogee defense attorney Larry Vickers had defended a man against charges of burglary, assault and battery, […]

  • Among Asset Forfeiture Nightmares, Oklahoma Laws Loom Large

    The nationwide investigative journalism project ProPublica has released a report detailing nightmare scenarios surrounding the widely used civil forfeiture process. Under civil asset forfeiture laws state, local and federal agencies routinely seize property from individuals who sometimes have not been convicted – or even charged – with a crime. According to ProPublica, the city of […]

  • Confidential Juvenile Records ‘Strewn’ Around Rogers County Courthouse

    The idea that juveniles should be treated differently under the law predates the origins of U.S. jurisprudence. Juvenile justice has changed significantly since it was originally shaped by English common law but a significant precept of juvenile justice has long been that juveniles in the system are afforded a degree of privacy. Juvenile courts nationwide […]

  • 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 […]

  • 9th Circuit Tosses K9 Nose Witness Testimony

    The use of sniffer dogs in criminal court has to be among the most bizarre trends yet to sweep across modern jurisprudence. In some cases, judges have virtually handed their authority over to dogs, allowing police to conduct unwarranted searches based on an officer’s interpretation of their loyal K9’s nuanced behavior. A 9th Circuit Court […]

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