Tulsa Attorney Blog 2 Posts Tagged 'speedy trial violation'

• 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.

• Speedy Trial Violations Void Drivers License Revocations in Oklahoma DUI Arrests

  By James M. Wirth, Esq., September 2nd, 2016

  The Oklahoma Court of Civil Appeals decided year-long delays before DUI drivers license revocations hearings amount to speedy trial violations. While Oklahoma DPS says the delays are the result of budget constraints, the agency is also awaiting the Oklahoma Supreme Court’s possible review of a decision that undermined the agency’s reliance on a current generation of breathalyzers. The Intoxilyzer 8000 is used to gather evidence for drivers license revocations and for DUI criminal cases.