Tulsa Attorney Blog 11 Posts Tagged 'Oklahoma Supreme Court'


  • Sweeping 2017 Oklahoma DUI Law Overturned

    By James M. Wirth, Esq., December 19th, 2017

    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.

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

    By James M. Wirth, Esq., March 16th, 2017

    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.

  • Constitutional Tensions Strain Oklahoma Courts

    By James M. Wirth, Esq., January 25th, 2016

    Two top courts in Oklahoma’s bifurcated court system have published contrary opinions about whether criminal court deadlines include weekends or holidays. The Oklahoma Court of Criminal Appeals maintains a legislative mandate requires it to include count all calendar days in deadlines, even if the court is closed on a day of a deadline. The Oklahoma Supreme Court earlier published an opinion declaring its business-day rules govern some criminal court deadline procedures.

  • No New Rules Sought for Breathalyzer Tests in Oklahoma

    By James M. Wirth, Esq., January 7th, 2016

    Tests Director Responds to Appeals Court Case The Oklahoma Board of Tests of Alcohol and Drug Influence will probably not seek emergency rules for approval of reference materials used in DUI breathalyzers throughout Oklahoma. The director of the state agency has declined to recommend emergency rule making in the wake of a November, 2015 decision […]

  • Oklahoma Supreme Court Again Trumps Court of Criminal Appeals

    By James M. Wirth, Esq., December 16th, 2015

    Jurisdictional conflict erupted again in Oklahoma’s bifurcated court system when the top civil court ruled in a matter emerging from a criminal case. The matter involved how deadlines are computed when a litigant appeals a motion to disqualify a judge.

  • Court Revokes Oklahoma Protective Order Issued by County Judge

    By James M. Wirth, Esq., October 6th, 2015

    An Oklahoma appeals court said a district court abused its discretion in a protective order involving threats alleged during an international online chat. The appeals court said district courts must consider whether an allegation indicates a credible threat before granting an order of protection from domestic abuse. The decision suggests attorneys for protective order defense in Oklahoma can rely on the state’s appeals courts to carefully review lower courts that rubber stamp petitions for domestic restraining orders.

  • Even the Condemned Have Access to Oklahoma Courts

    By James M. Wirth, Esq., May 14th, 2014

    The Oklahoma Supreme Court eventually upheld the execution secrecy law. In the process, the court established that a person condemned to die still has a right to approach Oklahoma courts.

  • Oklahoma Supreme Court Averts Constitutional Crisis

    By James M. Wirth, Esq., April 24th, 2014

    In an expedited ruling that averted a looming constitutional crisis, the Oklahoma Supreme Court on April 23, 2014, reversed a district court decision related to secrecy surrounding execution procedures. The decision means Oklahoma may execute two convicted killers without triggering a constitutional showdown. A looming constitutional crisis emerged when attorneys asked a district court to […]

  • Oklahoma Constitutional Crisis Imminent!

    By James M. Wirth, Esq., April 23rd, 2014

    Constitutional Showdown Looms Over Oklahoma Death Penalty Secrecy In the virtual shadows of modern-day gallows, Oklahoma’s two highest courts in April, 2014 became embroiled in a historic constitutional showdown. The top civil court stayed two pending executions after the top criminal court twice refused to order the executions stayed. Then, within hours of a scheduled […]

  • Oklahoma Supreme Court Throws Wrench in Intoxilyzer 8000 Breathalyzer

    By James M. Wirth, Esq., January 30th, 2014

    A January 28, 2014, Oklahoma Supreme Court decision makes it difficult — if not impossible — for the state to continue revoking drivers licenses based on evidence provided by the current generation of breath analysis machinery. Currently anyone arrested for DUI in Oklahoma who blows a .08 or more (or refuses to blow) has their […]

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