Description: Tulsa, Oklahoma, criminal defense lawyer represented the Defendant charged with:

Count # 1. Count as Filed: DI6AM, DRIVING UNDER THE INFLUENCE OF ALCOHOL - SECOND OFFENSE (MUNICIPAL ARREST), in violation of 47 O.S. 11-902(A2):

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:

1. Has a blood or breath alcohol concentration, as defined in Section 756 of this title, of eight-hundredths (0.08) or more at the time of a test of such person's blood or breath administered within two (2) hours after the arrest of such person;

2. Is under the influence of alcohol;

3. Has any amount of a Schedule I chemical or controlled substance, as defined in Section 2-204 of Title 63 of the Oklahoma Statutes, or one of its metabolites or analogs in the person's blood, saliva, urine or any other bodily fluid at the time of a test of such person's blood, saliva, urine or any other bodily fluid administered within two (2) hours after the arrest of such person;

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

5. Is under the combined influence of alcohol and any other intoxicating substance which may render such person incapable of safely driving or operating a motor vehicle.

Date of Offense: 03/31/2024
Party Name Disposition Information
BENITEZ, FRANCESCA Disposed: DEFERRED, 11/12/2024. Guilty Plea
Count as Disposed: DRIVING UNDER THE INFLUENCE OF ALCOHOL - SECOND OFFENSE (MUNICIPAL ARREST)(DI6AM)
Violation of 47 O.S. 11-902(A2)
Count # 2. Count as Filed: IL1, UNSAFE LANE USE, in violation of 47 O.S. 11-309
Date of Offense: 03/31/2024
Party Name Disposition Information
BENITEZ, FRANCESCA Disposed: DEFERRED, 11/12/2024. Guilty Plea
Count as Disposed: UNSAFE LANE USE(IL1)
Violation of 47 O.S. 11-309, which provides:

Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following requirements in addition to all others consistent herewith shall apply:

1. A vehicle shall be driven as nearly as practicable entirely within a single lane;

2. A vehicle shall not be moved from the lane until the driver has first ascertained that the movement can be made with safety and then given a signal, not less than the last one hundred (100) feet traveled by the vehicle, of his or her intention to change lanes;

3. A two-way left-turn lane is a lane near the center of the highway set aside for use by vehicles making left turns in both directions from or into the roadway. Two-way left-turn lanes shall be designated by distinctive roadway markings consisting of parallel double yellow lines, interior line dashed and exterior line solid, on each side of the lane. A vehicle shall not be driven in a designated two-way left-turn lane except when preparing for or making a left turn from or into a roadway. Vehicles turning left from the roadway shall not be driven in the two-way left-turn lane for more than two hundred (200) feet while preparing for and making the turn. A vehicle turning left onto the roadway may utilize the two-way left-turn lane as a staging area by stopping and waiting for traffic proceeding in the same direction to clear before merging into the adjacent lanes of travel. A left turn shall not be made from any other lane where a two-way left-turn lane has been designated. Provided, however, this section shall not prohibit driving across a two-way left-turn lane when moving from a service drive onto such marked roadway;

4. A vehicle shall not be driven in the left lane of a roadway except when overtaking and passing another vehicle; provided, however, this paragraph shall not prohibit driving in the left lane when traffic conditions, flow or road configuration, such as the potential of merging traffic, requires the use of the left lane to maintain safe traffic conditions; provided further, this paragraph shall not prohibit driving in the left lane of a roadway within the city limits of a municipality or upon a county road as long as such roadway is not part of the National System of Interstate and Defense Highways or a turnpike; and

5. Official signs may be erected directing slow-moving traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway, and drivers of vehicles shall obey the directions of every such sign.

Any person convicted of violating any provision of this section shall be punished as provided for in Section 17-101 of this title.

Outcome: . DEFENDANT SWORN IN OPEN COURT. DEFENDANT WAIVES RIGHT TO JURY/NON-JURY TRIAL. DEFENDANT ENTERS A PLEA OF GUILTY. COURT ACCEPTS PLEA AND WITHTHOLDS FINDING OF GUILT.

DEFENDANT IS TO BE UNDER NO FORMAL SUPERVISION.

COUNT 1) COURT WITHHOLDS FINDING OF GUILT FOR A PERIOD OF TWO (2) YEARS UNTIL DEFERRED REVIEW DATE OF 11/09/2026 AT 9AM IN ROOM 401. DEFENDANT ASSESSED: $300.00 COURT FUND, $150.00 VICTIMS COMPENSATION FUND, PLUS COSTS.

COUNT 2) COURT WITHHOLDS FINDING OF GUILT FOR A PERIOD OF TWO (2) YEARS UNTIL DEFERRED REVIEW DATE OF 11/09/2026 AT 9AM IN ROOM 401. DEFENDANT ASSESSED: $50.00 COURT FUND, $50.00 VICTIMS COMPENSATION FUND, PLUS COSTS.

DEFENDANT HAS COMPLETED VIP, ADSAC, DRUG AND ALCOHOL EVALUATION.

DEFENDANT IS ASSESSED DISTRICT ATTORNEY 991 FEES.

DEFENDANT ADVISED OF IMMIGRATION STATUS WARNING AND ADVISED OF APPEAL RIGHTS. RULE 8 ISSUED. J & S ISSUED. BOND EXONERATED.

Plaintiff's Experts:

Defendant's Experts:

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