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Date: 10-08-2024
Case Style:
State of Oklahoma v. LLDJ
Case Number: CR-2024-147
Judge: Jared Sigler
Court: District Court, Washington County, Oklahoma
Plaintiff's Attorney: Washington County, Oklahoma District Attorney's Office
Defendant's Attorney: Kent Morlan
Description:
Bartlesville, Oklahoma child endangerment by driving under the influence of drugs criminal defense lawyer Kent Morlan represented the Defendant
Defendant had doctor's appointment on June 5, 2024. After her appointment, she headed for the local Dollar Store to pick up some items. She failed to signal a lane changed and a Bartlesville police officer stopped her. While talking to her about her moving traffic violation, he claimed that he smelled meth and summon an office and a drug detection do but nothing was found by the dog. The officer held her handcuffed in his car for about two hours, and eventually decided to let her go without citing her.
As she walked back to her car she tripped and fell. The officer handcuffed her again and asked if she was taking any medication, and she told him that she took had taken two doses of Lisinopril for high blood pressure the previous evening. The officer took her to a local medical facility and had blood take for a drug screen and the charged her with drving under the influence to drugs with her grandson in the car in violation of 21 O.S. Section 852.1(A)(4), a felony.
Defendant was booked into the Washington County jail where she remained for two days before her family to raise the money to pay bondsman to post a $10,000 bond.
She hired Tulsa Attorney
Kent Morlan who got a copy of the chart from her doctor which showed that her blood pressure immediately before she was stopped was 124/64.
At a hearing on October 8, 2024, the Assistant District Attorney assigned to her case admitted that the drug screen came back negative and ask the Judge to dismiss the charges against the Defendant.
Defendant was in the Washington County jail for a weekend and paid a $1,000 to the bond company and $450.00 to
Kent Morlan for his services.
The State of Oklahoma did not have probable cause to arrest or charge the Defendant with a felony.
21 O.S. 851.1(A)(4) provides:
A person who is the parent, guardian, or person having custody or control over a child as defined in Section 1-1-105 of
Title 10A of the Oklahoma Statutes, commits child endangerment when the person:
4. Is the driver, operator, or person in physical control of a vehicle in violation of Section 11-902 of Title 47 of the Oklahoma Statutes while transporting or having in the vehicle such child or children.
* * *
C. Any person convicted of violating any provision of this section shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term of not more than four (4) years, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.
* * *
47 O.S. 11-902 provides:
A. It is unlawful and punishable as provided in this section for any person to drive, operate, or be in actual physical control of a motor vehicle within this state, whether upon public roads, highways, streets, turnpikes, other public places or upon any private road, street, alley or lane which provides access to one or more single or multi-family dwellings, who:
* * *
4. Is under the influence of any intoxicating substance other than alcohol which may render such person incapable of safely driving or operating a motor vehicle; or
* * *
Lisinopril is not an intoxicating drug. It is a blook pressure medicine that does not impair the abilility of a driver to safely operate a motor vehicle unless taken in sufficient quanilty to severely lower the blood pressure of the driver.
Outcome: Dismissed at the request of the State.
Plaintiff's Experts:
Defendant's Experts:
Comments: