Tulsa DUI Attorney James Wirth talked with News on Six at KTUL-Tulsa 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 […]
Tulsa DUI Attorney Explains New Oklahoma Metabolite DUI-D Law Read Post »
Oklahoma’s new metabolite DUI law sets the strictest standard possible for evidence of forbidden drugs potentially found in drivers’ blood. The standard is so strict that, technically speaking, everyone who gets behind the wheel is guilty of violating the law. Those who are in pain, even more so. Sound unbelievable? Here’s how it works. Instead
Everybody is Guilty Under Oklahoma's Zero-tolerance Metabolite DUI-D Law Read Post »
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
Past Pot Use Can Be an Crime Under Oklahoma's New Zero-tolerance DUI-D Law Read Post »
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
Do Parts of the Oklahoma Violent Offender Registry Law Deny Equal Protection? Read Post »
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
Oklahoma Sex Offender Registration Laws Reversed – Again and Again Read Post »
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
Rogers County DA: 'I'm Little Ashamed of Some Law Enforcement' Read Post »
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
Incentives Taint Crime Labs' Forensic Science, Oklahoma Ranks Among Worst Read Post »
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
In New Jersey, You Don't Have to Be a Driver to be Liable in a Texting and Driving Car Accident Read Post »
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
Rogers County Sheriff Seeks Grand Jury Investigation of Rogers County District Attorney Read Post »
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
Ohio Judge Rules Against Intoxilyzer 8000 Breathalyzer Used in Oklahoma DUI Cases Read Post »
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
Rogers County District Attorney Election Promises Long, Lively Campaign Read Post »
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
Drug Defendants Robbed of Basic Rights By Secret Police Read Post »
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,
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
Among Asset Forfeiture Nightmares, Oklahoma Laws Loom Large Read Post »
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
Confidential Juvenile Records 'Strewn' Around Rogers County Courthouse Read Post »
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
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
A private company’s seizure of cash from motorists along a 21-mile length of I-40 in Caddo County has raised the ire of at least one judge. A Caddo County District Attorney nonetheless says he plans to “move forward” with a drug interdiction program that has had a private agency stopping and seizing cash from motorists.
Private Firm's Cash Seizures Flout Asset Forfeiture Law Read Post »
A Tulsa judge who last year vacated a 1996 robbery conviction must now make a determination of the man’s actual innocence, the Oklahoma Supreme Court determined in a July, 2013 opinion. The opinion clears the way for the man to file a wrongful conviction claim against the state of Oklahoma. In a case championed by
Wrongful Conviction: Tulsa Court Must Rule on Actual Innocence Read Post »
An Oklahoma Highway Patrol captain in command of troopers in seven south-central counties wants to expand the use of forced blood draws in DUI traffic stops. The initiative comes on the heals of an April U.S. Supreme Court decision that put a stop to most forced blood draws by police unless they first obtain a
Gurneys, Straps and Needles: No Refusal DUI Tests Resemble Execution Procedure Read Post »
Should you decide to seek work as a police officer in New London, Connecticut – if you’re smart — you might want to bungle a few answers on the IQ test. Too high of a score means you are too smart to be a cop. A New London policy that denied a job offer to
Popular wisdom holds that when government and industry amass trillions of terabytes of data about the routine activities of everyday citizens little good can come of the effort. Two recent cases, however, highlight the potential value of digital archives for defense against criminal charges. The first case raises interesting questions about those millions of domestic
Surveillance Programs Can Be Criminal Defense Windfall Read Post »
With an eye toward removing potentially hundreds of names from the Oklahoma sex offender registry, the state Dept. of Corrections is reviewing details of more than 7,700 listed sex offenders. The review follows a June 25 state Supreme Court decision that found retroactive application of revised sex-offender registration rules violated a state constitutional provision against
Court Blocks Retroactive Oklahoma Sex Offender Registry Rule Read Post »
While many states’ criminal codes treat marijuana as an increasingly trivial concern, legislators in some states have been piling on drugged driving laws that target marijuana users long after any intoxicating effect has subsided. Oklahoma is the latest state to adopt a law that allows prosecution of unimpaired drivers on DUI charges when drug tests
Constitutional Questions Swirl Around Metabolite DUI Laws Read Post »
A new law set to take effect Oct. 1 will make Oklahoma one of the most restrictive states in the nation with regard to drivers who have traces of marijuana in their system. Under the new metabolite DUI law, any driver found with any amount of marijuana – or inactive metabolites of marijuana – in
With Metabolite DUI, You Still Have the Right To Remain Silent Read Post »
