Description: Tulsa, Oklahoma, criminal defense lawyer represented the Defendant charged with driving under the influence of drugs and alcohol - second offense (municipal arrest) in violation of 47 O.S. 11-902(A)(5), which 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:

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.

Outcome: . DEFENDANT SWORN IN OPEN COURT. DEFENDANT WAIVES RIGHTS TO JURY, NON JURY TRIAL, AND PRELIMINARY HEARING. DEFENDANT ENTERS A PLEA OF GUILTY. COURT ACCEPTS PLEA, DEFENDANT SENTENCED TO:

COUNT 1) COURT WITHHOLDS A FINDING OF GUILTY AND DEFERS FOR THREE (3) YEARS UNTIL 11/08/27 @ 9AM IN ROOM 158. DEFENDANT UNDER THE SUPERVISION OF THE DIVISION OF PROBATION AND PAROLE OF THE STATE DEPARTMENT OF CORRECTIONS/COMMUNITY SENTENCING. DEFENDANT TO PAY COURT FUND OF $600, VCA OF $150, PLUS COSTS. DEFENDNANT TO OBTAIN A DRUG AND ALCOHOL ASSESSMENT WITHIN FORTY-FIVE (45) DAYS AND FOLLOW ALL RECOMMENDATIONS. DEFENDANT TO COMPLETE ADSAC SCHOOL AND VIP.

CASE TO RUN CONCURRENT WITH CM-2024-1125



DEFENDANT ADVISED OF APPEAL RIGHTS, RULE 8 ISSUED, ORDER OF DEFERRED SENTENCE ISSUED. BOND EXONERATED.

Plaintiff's Experts:

Defendant's Experts:

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