A Better Way to Obtain Driver's License or Work Permit After DUI or Drunk Driving Arrest

A Better Way to Obtain a Driver's License (work permit) After A DUI or Drunk Driving Arrest

by Glen R. Graham - Criminal Defense Lawyer - Tulsa, Oklahoma

(918) 583-4621 http://www.glenrgraham.com

DUI Attorney, DUI Lawyer, Tulsa, Broken Arrow, Bixby, Glenpool, Owasso, Sapulpa, Sand Springs, Wagoner, Collinsville, Skiatook, Nowata, Pawhuska, Oklahoma.

     Each case is different and the specific facts and circumstances of your case may differ.  You should always consult an attorney in person before making important legal decisions which may have long term and permanent consequences that affect the rest of you life.  It is important that you be advised that this does not constitute legal advice to you and that you should contact a local attorney and take immediate actions to protect your rights under the law.  Another name for a work permit is a "modified driver's license."  Oklahoma should consider passing a statute that allows people a work permit to drive to and from work only (without an interlock) but instead uses the "modified driver's license" system which allows people to drive anywhere and not just to and from work.   *Note the same driver's license laws below apply to both drunk driving (DUI) and actual physical control of a motor vehicle while under the influence (APC) offenses in Oklahoma.

     In Oklahoma, you only have fifteen (15) calender days (NO EXTENSIONS)  to request an administrative hearing on your right to drive or driver's license  in Oklahoma from the date of your arrest.   THIS  IS   COMPLETELY  SEPARATE  FROM  YOUR  COURT  DATE!!!

     In the recent past, this 15 days may not have seemed important and you might even waive your right to a hearing thinking that you might SAVE money --- BUT THIS IS NO LONGER TRUE!!! In fact it MAY cost you more money in the long run to waive you right to a driver's license hearing.  (*It depends upon your circumstances - contact your local attorney immediately)

     The laws were changed in Oklahoma to require that everyone who either gets convicted of a DUI or tests above the limit for alcohol or intoxicating substances or refuses a breath/blood test --- must have installed in their vehicle a breath machine called an intoxilyzer which you blow into to start you car at a cost of at least $75 dollars per month --- UNLESS  you take the proper actions to request an administrative hearing on your driver's license.  Depending upon the circumstances you may be required to have the interlock installed anywhere from 6 months up to 8 years or longer at $75 per month UNLESS  you make a timely request for an administrative hearing within 15 days from the date of your arrest.

     If you request an administrative hearing on your driver's license within 15 days of the date of your arrest, then you get a FREE DRIVER'S LICENSE  without an interlock device good at least until the date of the hearing on your driver's license which may be 90 days to even 6 months or more from the date that you request the administrative hearing.

     The Oklahoma legislature in response to public pressure and lobbying passed a series of laws to get tougher on DUI offenses.  One of the new laws requires that if you fail to request an administrative hearing within 15 days or if you get convicted of a dui offense or if you lose your administrative driver's license hearing then the following may happen:

(*If request administrative hearing within 15 days from date of arrest then get FREE driver's license  without interlock device till at least date of driver's license administrative hearing which may be 90 days to 6 months or longer from date of request or until or unless you are convicted in court.)

By "offense" that includes prior arrests that were reduced.  It means any prior revocation of a driver's license for testing above the limit or refusing to take the tests.

THE NEW LAWS PUNISH YOU MORE SEVERELY FOR  --- EXERCISING YOUR CONSTITUTIONAL RIGHT TO REFUSE TO TAKE A BREATH TEST OR BLOOD TEST!!!

     First offense DUI with a breath test between .08 to .14  - if lose hearing, or waive hearing or do not request hearing within 15 days then:  Interlock required for 6 months.  Get license back without interlock after 6 months.  ($75 x 6 = $450 PLUS OTHER)

     First offense DUI with a breath test at .15 or above or if REFUSE to take test then - if lose hearing, or waive hearing or do not request hearing within 15 days then:  Interlock required for 6 months for temporary license plus 18 more months after that at $75 per month for the interlock device.  ($75 x 24 = $1,800 PLUS)

     Second offense DUI  (within 10 years) -  if lose hearing or waive hearing or do not request hearing within 15 days then:  Interlock required  for 1 year during the modification period and for 4 years after that (total of 5 years) (*APPLIES to ALL DUI 2^nd Arrests both .08-.14 or .15 or above and refusals) ($75 x 60 = $4,500 PLUS)

On All – DUI 3^rd = requires interlock for 3 years modified license plus for an additional 5 years after that for a total of 8 years.  ($75 x 96 = $7,200 PLUS)

Important advantages to requesting an ADMINISTRATIVE HEARING INCLUDE:   You get a FREE DRIVER'S LICENSE without an interlock for 90 days to 6 months or longer.  You also have a chance of winning the administrative hearing and getting your license back without an interlock device.   The driver's license administrative hearing is an opportunity for your lawyer to obtain discovery or to cross examine the arresting officer and to find out if there are any holes in the case.

If you win the hearing on your license you may get it back UNLESS  you are convicted of the offense in court.  

One important advantage to requesting the administrative hearing is that it also delays you having to pay a lot of administrative fees for a temporary driver's license while you are going to court and trying to pay your attorney and trying to complete all the court requirements --- such as dui school and similar things.

Some people have a lot of difficulty both paying the bond fees, paying their attorney, completing court requirements, and trying to pay for a modified driver's license all at the SAME  TIME   and they need the extra 90 days to 6 months in order to be able to attempt to do so.

A disadvantage is that if you lose the administrative hearing then the ONLY way that you can get a modified driver's license is by appealing the decision to the District Court which costs more money.  You would have to pay court costs of about $148 plus post a cash only appeal bond of $250 plus pay additional attorney fees to appeal to District Court in order to get a modified driver's license.

These are personal legal decisions that must be considered in a direct personal conversation with your local attorney in view of the totality of circumstances in your individual case.  CONSULT YOUR LOCAL DUI LAWYER.   My Phone number is (918) 583-4621 - Glen R. Graham - DUI Attorney, Tulsa, Broken Arrow, Bixby, Glenpool, Owasso, Sapulpa, Sand Springs, Wagoner, Collinsville, Skiatook, Nowata, Pawhuska, Oklahoma.

How to Obtain Work Permit or Temporary Drivers License After a DUI or APC or Drunk Driving Case

How to Obtain a Work Permit or Temporary Drivers License after a DUI, APC, or Drunk Driving Case in Tulsa, Broken Arrow, Bixby, Owasso, or Glenpool, Oklahoma

Prepared by the Office of  Glen R. Graham - DUI Attorney -  Tulsa, Broken Arrow, Bixby, Owasso, Glenpool, Sand Springs, http://www.glenrgraham.com  Attorney at Law 

Phone: 918-260-8184 or 918-584-4621

New laws were passed -  you SHOULD request an administative hearing on your driver's license within 15 days of the date of your arrest = new post about the new laws  on this Blog RECENTLY POSTED  - new updated material is located at the following:  
http://www.tulsacriminaldefense.blogspot.com/2013/02/a-better-way-to-obtain-drivers-license_21.html 

              NEW POLICY NOTICE:   New DPS policy is to treat all  ALTERNATIVE requests for hearing or work permit as a request for a hearing only.  So, you need to specify if you want a hearing or if you want the work permit - modified license in place of the hearing.   You need to make the decision immediately before sending in the request within 15 days of the date of the arrest.
  

            I  can  assist you in requesting in the alternative a  modified drivers license permit to drive  or in the alternative an administrative hearing on your driver's license.  We can send a letter to the Dept of Public Safety  (by fax)  and they have to receive it within 15 days of the date of your arrest (not just mailed but actually received).  There are no extensions of time and it is a flat 15 days including counting weekends and counting holidays.  If the final day for receipt falls on a holiday or weekend then it is extended to the following Monday or day that they are open, but you should not wait till the last minute to send them the letter.  If you are here in my office, then I can assist you in faxing this request today.

            In response to your letter, the Department of Public Safety will mail you a letter in about  5 to 6  weeks  that offers you  two (2) choices:

            Option One (1):   (Usually the Least Expensive Option but not always)

In response to your letter, the Dept. of Public Safety will mail you a letter in about 5-6 weeks.  It will say that you have thirty (30) days from the date of their letter to do the following:

     Go to the local office for the Department of Public Safety Office which is located at 14002 E. 21^st  Street (Old Eastland Mall Complex - Lower Level) in Tulsa, Oklahoma  - Located at approximately  21^st Street and 145^th E. Ave.

     Pay them a fee of $175 dollars in form of a money order or cashier’s check for a temporary drivers license fee.

     Have installed in your vehicle an interlock ignition device that you blow into to start your car and blow into about every  15 to 30 minutes.  It costs about $75 dollars per month plus either an installation fee of $75 or a removal fee of about $75.   The DPS  will  require an original installation certificate for proof of the interlock.

     Provide proof of current insurance.

     Completion of the FORM FOR A MODIFIED DRIVERS LICENSE.

     IF  BUT ONLY IF YOU ARE DRIVING AN EMPLOYERS VEHICLE then they want an affidavit from the employer.

     You will be required to surrender all proof of driving privileges – such as any letters to drive on or any new drivers licenses that you may have obtained. And the DPS issues you a new photo id drivers license with interlock required notation on it. 

Normally on your first (1^st)  DUI or APC offense or arrest, the period of time is usually six (6) months, unless your breath result was .15 or  higher or you refused to take the test. 

 1^st One Below .15 = Interlock for 6 months temp license.  (Above .08 below .15) 

 1^st One:  But, if your result was  .15 or more  or  if you refused the test then interlock for 24 months.

 On All - DUI 2^nd = requires interlock for 1 year during the modification period and for 4 years after that  (total of 5 years) (*APPLIES to ALL DUI 2^nd Arrests any .08 or above or refusals)

On All – DUI 3^rd = requires interlock for 3 years modified license plus for an additional 5 years after that for a total of 8 years. (Applies to All - any BAC .08 or Above or Refusals)

            In response to the letter to them they send you a letter in about 5-6 weeks.

You only have thirty (30) days from the date of their letter offering you a modified drivers license to complete the requirements and go to the DPS office at 21^st & 145^th E. Ave.    After thirty (30) days,   if they have not received their application and fee of $175 dollars  from you then it will be scheduled for a hearing at the Dept. of Public Safety.  You could call them at the phone number  on their letter  to see if they will allow you more time to send them their application or the $175 dollars.  If they don’t receive your money and application timely within 30 days of the date of their letter then they will schedule it for a hearing and the only way to get a license if by appealing and paying a substantial amount of money to appeal.

            Option Two (2):  (Sometimes the More Difficult Option) You can choose to have an administrative hearing by not sending back the application for a modified drivers license or by sending a letter to them telling them that  you want the hearing.

Again - initially you only have 15 days from the date of your arrest  to make the request, but if it is a response to their letter then you have 30 days from the date of their letter.   If they do not receive their offered application for a modified drivers license within 30 days of the date of their letter then they will schedule it for an administrative hearing.  You will need and should hire an attorney to appear at the administrative hearing.   My fee is negotiable.

(*Unless you get convicted of the DUI or APC) If you win the DPS hearing then you do NOT have to have an interlock device installed in your vehicle.   It is very difficult to win a DPS license administrative hearing because it is a civil administrative proceeding and not a court hearing.  Hearsay is admissible and the hearing judge is a DPS official and not a independent judge.  It would be similar to having the Chief Law Enforcement Officer listen to the evidence to decide if correct procedures were followed and if you should lose your license.  However, even if you win the hearing, if you get convicted of the DUI or APC, then the DPS may require you to have an interlock device by virtue of the conviction.

It is  very important to note that by having an administrative hearing, you could gain insight into what mistakes if any that the officer may have made in your case but if you lose the administrative hearing then to keep a license you have to appeal which costs more money.  If you lose the administrative hearing then you have 30 days to appeal the matter to the district court which requires payment of additional monies.

 TYPICAL EXAMPLE NOT ALWAYS THIS BUT AN EXAMPLE:

          Pay Attorney fees of for admin hearing                    $Negotiable

            Pay Court Costs of About                                         $148.00

            Pay Cash Bond Fee of                                               $250.00

            Pay Attorney fees for Appeal/Petition/Order            $Negotiable

                                                                           TOTAL:   $Negotiable plus the above costs ($398)

            IF YOU CHOSE TO WAIVE THE DPS HEARING THEN YOU SAVE THIS MONEY AND NOT HAVE TO PAY THIS ADDITIONAL MONEY.   HOWEVER,  THEN THE DPS requires you to pay them the $175 fee and to have a interlock installed in your vehicle for $75 per month.   However,  if you won the DPS hearing then you could avoid having the interlock device installed in your vehicle unless you got convicted of the offense.

You do not have to appeal – You could choose to agree to a modified license with an interlock device in PLACE of the administrative hearing.   Or,  you can lose your license instead by not doing anything, but the only way to keep a license is to appeal if you choose to have an administrative hearing but if you choose to waive the hearing and pay for the modified license in place of a hearing then you DO NOT HAVE TO APPEAL because you did not have a hearing.  

Lastly, you do not have to have a hearing.  In most cases, you can waive your right to an administrative hearing and  pay for a temporary drivers license  and interlock device  in place of an administrative hearing = it is usually cheaper not to have a hearing.

It is also important to note that if you get convicted of a driving under the influence case, then the department of public safety may suspend your driver's license   by virtue of receiving a conviction for a dui   separately from the administrative hearing -  which means that even if you win the administrative hearing that the department of public safety may suspend you drivers license but if you agree to a modified drivers license  in place of the hearing then you would not lose you driving privilege if you were convicted of the DUI.

Possession of a Precursor with Intent to Manufacture - Smurfs - Purchase of Cold Medicine

Possession of a Precursor with Intent to Manufacture a Controlled Drug
vs. Misdemeanor Possession / Purchase of Cold Medicine in Oklahoma
By Tulsa Criminal Defense Attorney – Glen R. Graham http://www.glenrgraham.com

Sometimes people making a purchase of cold medicine are called "smurfs" by law enforcement officials and other parties. The word "smurf" comes from the television and comic series called "The Smurfs." Smurfs are imaginary blue cartoon characters and typically archetypes of everyday people. In the 1980's, the smurf cartoon series was one of the most popular television programs. It is unclear why law enforcement and others would call over the counter cold medicine buyers "smurfs."

Low grade drug runners are sometimes called "mules" because they a viewed as people with mule like characteristics, in that, they work for other people who are the masters, and the mules are just the "stupid pack animals" that work for the masters, or people in control. The analogy would be that the smurfs are people who a lower echelon workers or no-bodies who work for the Papa Smurf or the people in control and that the smurfs just do the buying for someone else. Calling people derogatory names like "smurfs" seems to be questionable although it may be understandable and easier to say that calling them "lower echelons" who are not the actual manufacturers.

Oklahoma laws dealing with possession of a precursor in listed in Title 63 of the Oklahoma Statutes. But, there are also federal laws with have limits on possession of a precursor. Sometimes the government will file cases in both state and federal court, or they may dismiss the state charge and re-file the case in federal court.

The Oklahoma statutes are in 63 O.S. Section 2-332

http://www.oscn.net/applications/oscn/deliverdocument.asp?id=438675&hits=

“B. Except as provided in this subsection, possession of a drug product containing more than nine (9) grams of ephedrine, pseudoephedrine or phenylpropanolamine, or their salts, isomers or salts of isomers shall constitute a rebuttable presumption of the intent to use the product as a precursor to methamphetamine or another controlled substance. The rebuttable presumption established by this subsection shall not apply to the following persons who are lawfully possessing drug products in the course of legitimate business . . .

A case out of Oregon - dealing with misdemeanor possession of precursor - simple possession versus possession of precursor with intent to manufacture is State v. Moreno, 104 P.3d 628 (2005), 197 Or. App. 59:

A useful quote from this case is: “In effect, the state asks us to conclude that a jury could infer the requisite "conscious objective to" manufacture methamphetamine from the same facts that constitute the misdemeanor offense of possession of pseudoephedrine. On this record, however, such an inference requires too great a leap and would require speculation, rather than logical inference. See State v. Lopez-Medina, 143 Or.App. 195, 201, 923 P.2d 1240 (1996)style="font-size:130%;"> (evidence is insufficient to support an inference when the conclusion to be drawn from it requires "too great an inferential leap" because the logic is too strained). The same is true of any inference that defendant was working "in concert" with a specific individual who had the wherewithal to manufacture methamphetamine and the physical equipment and site to do it. Not a shred of 631*631 evidence in this record suggests the existence of such a person.”

This case indicates that merely possessing cold medicine does not prove possession with intent to manufacture. If the purchaser denies that he or she is purchasing the cold medicine for anything illegal like manufacturing a controlled drug, then the state would be required to show some evidence to prove the intent. Usually, the defendant makes an incriminating statement or they may possess evidence that indicates that they had intent to manufacture.

In sum, the mere possession does not automatically prove possession of a precursor with intent to manufacture, but under Oklahoma law, there is a “rebuttable presumption” that the possession of 9 grams of the prohibited substance is with intent to manufacture.

Under Oklahoma law, Title 63 O.S. Section 2-212 (A), states:

"No person shall purchase, receive, or otherwise acquire more than nine (9) grams of any product, mixture, or preparation within any thirty (30) day period. Provided, the requirements of this subsection shall not apply to any quantity of such product, mixture or preparation dispensed pursuant to a valid prescription.

Federal law prohibits a person from purchasing a product containing more than 3.6 grams of a product containing Ephedrine, pseudoephedrine or phenylpropanolamine. The Combat Methamphetamine Epidemic Act of 2005 can be found in Title VII (7) of the USA Patriot Improvement and Reauthorization Act of 2005 (Public Law 109-177), and it was implemented into the Controlled Substances Act of Title 21 U.S.C. Sections 801-971. For additional information see: http://www.deadiversion.usdoj.gov

What to Expect on a DUI or Marijuana Case

What to Expect on a Misdemeanor DUI or Possession of Marijuana Charge
By Glen R. Graham, Criminal Defense Attorney, Broken Arrow Criminal Defense Attorney, Tulsa Attorney, Owasso, Bixby, Glenpool, Skiatook, Collinsville, Sapulpa, and surrounding courts in Oklahoma
Phone 918-260-8184

Each case is different but the same basic rules and same laws apply all over the state of Oklahoma. In a DUI or APC case, you only have 15 calendar days from the date of your arrest to request in the alternative an administrative hearing and/or a modified driver's license. This is a strict time limit which is enforced.

Our office handles these cases, and you should call us to schedule an appointement at Graham Law Office - 918-260-8184. The facts of each case are different and you should contact an attorney immediately to find out about your legal rights and the best way to handle your specific circumstances. Broken Arrow criminal defense attorney cases and Tulsa criminal defense attorney cases and Bixby, Owasso, Glenpool, and Sapulpa criminal defense attorney cases are all based upon the same basic state laws. Our website has more information - Criminal Defense Attorney in Oklahoma - Broken Arrow, Tulsa, Bixby, Owasso, Glenpool, Sapulpa, and others.

You may have a defense in your case. There may be motions that need to be filed to protect your rights and you only have 15 calendar days to make a proper written request to the Department of Public Safety to attempt to save your driver's license.

While you may have been given a temporary license good for 30 days, in fine print, it states you only have 15 days to request an administrative hearing and/or modified drivers license. The 15 day time limit is strictly enforced by the Department of Public Safety. Even though you court date may be continued beyond the 15 days, under the law, the driver's license matter is treated completely separate from your criminal case in court. Everyone is presumed to know the law even though most people do not know about the 15 day time limit, but ignorance of the law is not considered a valid excuse or exception to the 15 day limit.

In regard to misdemeanor, possession of marijuana cases, you do not have to make any driver's license request, but you should contact an attorney to protect your legal rights as soon as possible. You may have a defense in your case. Some times a plea bargain for a deferred sentence to get the sentence dismissed and expunged at the end of a short period of time may be worked out in your case. It is also important to know that some judges may require you to submit to a random urine test for drugs so you should immediately cease and stop using if you have been using. On occasion, the court may want to see a drug test result before the sentence is imposed and some may require an assessment. You should contact an attorney to help you in this matter.

The Graham Law Office - Glen R. Graham and Associates - strives to help you achieve success in your case and the best available options. Please call us at (918) 260-8184 to schedule an appointment to discuss your case.

Penalty Ranges for City of Tulsa Misdemeanor Cases

The Penalty Ranges for Misdemeanor Cases in the Municipal Court of the City of Tulsa

By Glen R. Graham, Tulsa Criminal Defense Attorney, http://www.glenrgraham.com/
Tulsa Misdemeanor Municipal Cases - City of Tulsa

City of Tulsa - Penalty Ranges under Title 27 and Title 37 of the Ordinances of the City of Tulsa

Link to The Ordinances of the City of Tulsa
Speeding tickets are at the bottom of this summary

Possession of Marijuana $150 - $1,000 and/or 0- 6 months
Larceny of Merchandise from Retailer 0-30 days and/or $10-$500
Larceny of Merchandise from Retailer 2nd Minimum 30 days to 6 months and/or 0-$1,000
Assault 0-30 days and/or 0-500
Assault & Battery 0-90 days and/or 0-$1,000
Assault &Battery (Domestic) 0-6 months and/or 0-$1,200

Soliciting for Prostitution 30 days to 6 months and/or 0-$500
Outraging Public Decency 0-6 months and/or 0-$500
No Drivers License 0-$300 and/or 0-30 days
Driving under Suspension 0-$500 and/or 0-90 days
No Proof of Insurance 0-$250 and/or 0-30 days
Improper tag display 0-$300
Aggravated Speeding 0-$500 and/or 0-10 days
Speeding in School Zone $10-$500 and/or 5 days to30 days
Passing a School Bus 0-$500 and/or 0-90 days
Drag Racing $25-$500 and/or 0 to 90 days
Reckless Driving $100 - $500 and/or 5 days to 90 days
Eluding Police $100 - $1,250 and/or 0-90 days
Resisting an Officer 0-$200 (No Jail)
Disabled Parking $150 - $250
All Other Chapter 5, NS 0-$500
DUI 0-$1,000 and/or 10 days to 6 months
DUI under 21 Measureable Amount -0 days in Jail and 20 Hours CS and/or $100 -$500 and/or Treatment
DWI 0-$500 and/or 0- 90 days
Hit and Run Accident (Attended) 0- $500 and/or 0-90 days
Hit and Run (Unattended) Accident or Property 0- $500 and/or 0-30days
Open Container (Liquor) 0-$500 and/or 0- 90 days
Open Container (Beer) 0-$500 and 0-90 days
Excessive Speaker Sound 0-$200
Any Chapter 7 Equipment Violation $5 to $500 Any Chapter 8; NS 0-$500 Any Chapter 11; NS $5 to $500

Title 37 Section: 617.A Speeding in Excess of the Posted Limit
1-10 miles per hour over $ 150.00
11-15 miles per hour over $ 175.00
16-20 miles per hour over $ 200.00

617.B Speeding in Excess of Unposted Limit
1-10 miles per hour over $ 150.00
11-15 miles per hour over $ 175.00
16-20 miles per hour over $ 200.00

617.C Aggravated Speeding, Greater than 20 Miles Per Hour Over a Posted
or Unposted Limit(21 miles per hour & over)0 - $500 and/or 0 - 10 days in Jail

618 Driving at an Imprudent Speed for the Conditions Affecting Speed 0 - $150.00

619 Speed Less than the Posted Minimum 0- $150.00

620 Speeding Greater than 15 Miles Per Hour Through an Unmarked Intersection 0-$150

621 Speeding Greater than 10 Miles Per Hour in an Alley 0-$150.00

622 Driving at a Speed too Slow For Conditions and Impeding the Movement of Traffic 0 - $150.00

15 Days to Save Your Drivers License After DUI in Oklahoma by Broken Arrow DUI Attorney

15 Days to Save Your Drivers License after DUI in Oklahoma

By Glen R. Graham, Broken Arrow DUI Attorney, Glenpool, Bixby, Sand Springs, Tulsa

Broken Arrow DUI Attorney and Glenpool, Bixby, Sand Springs, Tulsa DUI Attorney Website

The Graham Law firm handles DUI and DWI and other cases through-out Oklahoma including Tulsa, Broken Arrow, Glenpool, Bixby, Jenks, Sand Springs, Sapulpa, and Pawhuska, and Wagoner County and others. Glen R. Graham is an experienced DUI Attorney with over 25 years in practice. Call us at (918) 260-8184 so we can begin assisting you.


New laws were passed -  you SHOULD request an administative hearing on your driver's license within 15 days of the date of your arrest = new post about the new laws  on this Blog RECENTLY POSTED  - new updated material is located at the following:  
http://www.tulsacriminaldefense.blogspot.com/2013/02/a-better-way-to-obtain-drivers-license_21.html 


NEW POLICY NOTICE:   New DPS policy is to treat all  ALTERNATIVE requests for hearing or work permit as a request for a hearing only.  So, you need to specify if you want a hearing or if you want the work permit - modified license in place of the hearing.   You need to make the decision immediately before sending in the request within 15 days of the date of the arrest.

Typically, a DUI arrest in Oklahoma can be a traumatic experience. The person will have numerous questions and fears. You should immediately contact an attorney. We at the Graham Law Firm specialize in DUI - DWI - APC and alcohol related offenses. With over 25 years experience and numerous jury trials and successful negotiations, we have the proven experience necessary to obtain a result you can live with in your case. Call us today at (918) 260-8184 and we can schedule an appointment to begin working on your case.

You ONLY have fifteen (15) days from the date of your arrest to request an administrative hearing to attempt to save your drivers license. Normally, you are given a temporary license good for 30 days but in fine print it tells you that you only have 15 days from the date of your arrest to request an administrative hearing on your drivers license. This is COMPLETELY SEPARATE from your court date and your court matter on your DUI case.

The difference between a charge of driving under the influence of alcohol or any intoxilyzing substance (DUI) and the charge of driving while impaired (DWI) is based upon the blood alcohol content (BAC) in your breath or blood sample as tested by a machine or if you refused a test then it is based upon an officer's opinion. If you BAC test result is above .08 or more then you will be charged with DUI. If you BAC test is between .05 and .08, then you will be charged with driving while impaired (DWI). If you are under the age of 21 years, then if you have any measurable BAC then you can be charged as DUI under the age of 21 years. If you BAC test is above .15 then you can be charged with aggravated DUI.

Second offense, DUI may be charged as a felony. It is not always charged as a felony because it depends on what happened on the first DUI and whether the first DUI was a court of record or not. There are many defenses to a felony charge of DUI. Sometimes the prior misdemeanor DUI can not be used as a valid enhancement because it was not in a court of record or there is inadequate records concerning whether the right to counsel was waived or not. An experienced DUI attorney such as Glen R. Graham can argue all of the legal defenses which should be aggressively litigated in your case.

You Do Not Create an Attorney-Client Relationship with Me without Paying a Retainer Fee

You Do Not Create an Attorney-Client Relationship with Me without Paying a Retainer Fee

By Glen R. Graham, Attorney at Law, Tulsa, OK http://www.glenrgraham.com/

If you call me for a fee quote, then I will do my best to give you an estimate with certain limitations. However, if you want accurate (correct) legal advice, then you will need to schedule an appointment and to pay a fee for that. At this time, I am unable to offer free legal advice to everyone that is calling my office. I will schedule an appointment and charge you for an initial consultation but I am not offering free legal advice.

If you are calling me for a non-legal problem, then I may be unable to assist you.

I recommend that you call 3-5 other professionals and if you are still wanting to talk to me, then call me back after you talk to other people. We can schedule an appointment for you to come to my office and pay me a fee for the legal advice which you are seeking to obtain from me. It is on a case by case basis. Some cases require legal research and some matters can be answered immediately.

I do not have an immediate answer to every legal problem. Some matters do require legal research for a correct answer. I believe if the advice and information is valuable and if you want to be certain of the answer, then you should pay for that information.

Do not expect something for nothing. You DO NOT CREATE AN ATTORNEY - CLIENT relationship with me by calling me and asking for FREE LEGAL ADVICE. I DECLINE TO ENTER INTO AN ATTORNEY-CLIENT RELATIONSHIP WITHOUT A RETAINER FEE.

Multiple times a week and sometimes a day, people are calling me with legal and non-legal questions. It is almost like I am the "the great wizard or master" and supposedly by calling me people expect free terrific fantastic advice on every problem in their life. I am a businessman and an attorney. I have deleted ALL OFFERS of FREE ADVICE. This is my new policy. You call me and want a FEE QUOTE. I will tell you my best estimate with limitations. You want legal advice, then you will need to schedule an appointment with my office. I will tell you that depending upon your legal or mental or social (non-legal) problem, that you may want to call other professionals and that I normally recommend you call at least 3-5 other professionals before you schedule an appointment with my office. It appears that people will call an attorney for social advice or advice that a psychologist, friend, minister or non-legal professional should be providing. It also appears that people will call for free information about anything and everything. There are thousands, millions, and maybe billions of people that will call for FREE advice. I decline to talk to all you and I do not have an answer to all of your problems, some of which may be non-legal problems.

Creative Ideas on Defending Tulsa Criminal Felony & Misdemeanor Cases

Creative Ideas on Defending Tulsa Criminal Felony & Misdemeanor Cases
by Glen R. Graham, Tulsa Criminal Defense Attorney, (918) 260-8184
Web site: http://www.tulsacriminaldefenses.com

There are good ideas and then there are bad ideas and then ideas in between the two extremes and then some ideas that are not relevant and a mixture of stuff in between.

Each case is different and there may be defenses that might not work in one jurisdiction even though it is a good defense in another jurisdiction. Sometimes people google or internet research their legal matter and find a case in another state or another community which provides a defense under one version of a state law or municipal ordinance but which does not apply in another jurisdiction.

Not all people are the same or think the same way. Not all prosecutors or judges agree with certain interpretations of the law. Many Supreme Court decisions are split decisions like 5 agree and 4 dissent or 4 agree, 1 concurs in part, and 3 dissent and similar split decisions. The law of the land also varies among the different states and municipalities which each have different state and municipal laws. A law in one jurisdiction may not be the law in another jurisdiction.

One Judge may have a policy that everyone has to submit to an immediate drug test on the day of their plea before the Judge will consider probation and another Judge may have a policy that you only submit to drug test every 30 days to 45 days after you enter a plea and another Judge may leave it up to the probation officer to randomly impose a drug test when the probation officer believes it is necessary. Not all Judges and Prosecutors have the same policies and there is a diversity and the Judge has discretion in developing policies.

It is helpful for the attorney to become familiar with the policy of the assigned judge before appearing in court. Sometimes is in helpful to look up the past decisions of the court on the internet both by google and by doing an internet search on the website of the local newspaper such as http://www.tulsaworld.com and check out past articles involving similar cases and similar decisions by the assigned judge. Also, it is helpful to check past similar cases online at the official court website such as http://www.oscn.net

It is sometimes but not always but sometimes helpful for you to consider hiring a private detective or private investigator. Not all cases are the same and you do not need one in every case. In order to protect the "confidentiality" of the private investigation it is best to have the private investigator hired through the attorney's office because if subpoenaed then the attorney can argue that the information is confidential attorney work product information.

Several Tulsa Private Investigators and Detectives are listed in the phone book but here is an additional listing:

To verify a private investigator's license in Oklahoma, contact:

Council on Law Enforcement Education & Training
Private Security Division
P. O. Box 11476-Cimarron Station
Oklahoma City, OK 73136-0476

To Verify Private Investigator License: (405) 425-2775
Official web site: Oklahoma State Private Investigator Association: http://www.opia.com

Roy Clugston Polygraph and Investigative Services
6440 South Lewis Avenue Bridgeport II Office Building
Suite 2300 Tulsa, Oklahoma 74136 Web site: http://www.clugston-polygraph.com/
918-622-7008 E-mail: roy@clugston-investigations.com

Virgil Wallace - Wallace & Associates 6610 E. Admiral Pl. – Tulsa, Oklahoma 74112
P.O. Box 6422 – Tulsa, Oklahoma 74148 Phone: (918) 835-1456

Gary Glanz & Associates - 3807 S Peoria Ave # Gh320, Tulsa, OK‎ (918) 742-0075‎

Eric Cullen Private Investigator - Phone: (918) 392-1610

Bird Dog Investigations - Mr. Dobson - (918) 583-6600
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David Smith Investigations: 4528 S Sheridan Rd, Tulsa, OK‎ - (918) 743-5603‎

Baker & Baker Ltd: 401 S Boston Ave, Tulsa, OK‎ - (918) 744-0054‎

ABC Investigations (Michael Smith) Tulsa, OK‎ - (918) 810-4808‎

Scott Malan - Malan Investigations - 918-636-2359 Web site: malanprocessservice.com

Ken Henson 4943 S. Peoria Ave., PMB #421 Tulsa, Oklahoma, 74105 Office: (918) 749-7275

Shadow Investigations - 1710 S Boston Ave, Tulsa, OK‎ - (918) 583-8282‎

Kennedy Investigations: 6440 S Lewis Ave, Tulsa, OK‎ - (918) 742-3555‎

Sting Investigations 7941 E 57th St, Tulsa, OK‎ - (918) 361-6790‎

‎‎Ketchum Investigations‎ 8004 S Wheeling Ave, Tulsa, OK‎ - (918) 535-3334‎

Bill L Howard & Co PO Box 4120, Tulsa, OK (918) 583-8002‎
Web site: http://www.oklahomapi.com

Linda Jones 1611 S. Utica PMB #117 Tulsa, OK 918-583-4779 Email jones007@cox.net

The Naked Truth Detective Agency‎ PO Box 14077, Tulsa, OK‎ - (918) 724-9088‎ Web site: http://www.youneedproof.com
Don Bradford Spec Investigations‎ 8988 S Sheridan Rd # L Pmb 106, Tulsa, OK‎ (918) 494-7997

Baker & Baker Ltd 401 S Boston Ave, Tulsa, OK‎ - (918) 744-0054‎

Labass Investigative Services‎ 3601 S Harvard Ave, Tulsa, OK‎ - (918) 955-1381‎

Fraud & Forensic Invstgtns‎ 401 S Boston Ave, Tulsa, OK‎ - (918) 728-3340‎

David Smith Investigations‎ 4528 S Sheridan Rd, Tulsa, OK‎ - (918) 743-5603‎

Sykes Investigations‎ 2915 S Harvard Ave, Tulsa, OK‎ - (918) 749-8600‎

Cold Case Investigations LLC‎ 10906 E 2nd St, Tulsa, OK‎ - (918) 438-9900
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Herndon & Associates‎ 412 N Boston Ave, Tulsa, OK‎ - (918) 664-9902‎

Heath Security & Investigative‎ 320 S Boston Ave, Tulsa, OK‎ - (918) 610-0077‎

Zero Investigations Inc‎ 2816 E 51st St, Tulsa, OK‎ - (918) 492-7741‎

Cook Detective Agency‎ 4528 S Sheridan Rd, Tulsa, OK‎ - (918) 663-4545‎

Shadow Investigations International‎
1710 S Boston Ave, Tulsa, OK‎ - (918) 583-8282‎

Jarvis International http://www.jarvisinternational.com
11720 E. 21st Street
Tulsa, Ok 74129-1824 Phone (918) 437-1100

Cook Detective Agency‎
4528 S Sheridan Rd, Tulsa, OK‎ - (918) 663-4545‎

Agi Group‎ Tulsa, OK‎ - (918) 398-0121‎

Marvin Reynolds Private Investigative Agency‎
Tulsa, OK‎ - (918) 282-3900‎

Srt Investigations‎ PO Box 35403, Tulsa, OK‎ - (918) 481-6045‎

Tulsa DUI DWI APC Attorney Plea Bargains in Place of Jury Trials

Tulsa DUI DWI APC Attorney Plea Bargains in Place of Jury Trials

By Glen R. Graham - Attorney at Law - Tulsa DUI Attorney (918) 260-8184
http://www.glenrgraham.com

It is a fact that about 90-98% or more of all Tulsa DUI -DWI-APC cases are plea bargained or pled out to avoid jail or reduce the amount of exposure or reduce to a lesser offense or to try to avoid a record or "label." Most cases are 1st or 2nd time offenders who are seeking to avoid a jail sentence which most of the time can be obtained as part of a "plea bargain." Also, normally a first time offender without any aggravating factors would usually be able to hire a lawyer to obtain a plea bargain to reduce the charges to a lesser offense upon completion of the court requirements.

Without a plea bargain and without a good lawyer or attorney - first offense - DUI or APC carries a minimum of 10 days in jail and up to a 1 year sentence in jail plus fines and costs. To AVOID ANY JAIL TIME and/or to get the case reduced to a lesser charge, most people hire a lawyer to get a "plea bargain." The court will require that you obtain a substance abuse assessment by a licensed certified assessor and to complete the recommendations in the assessment. If you do not have a problem with alcohol or substance abuse, then the assessment should also reflect that point.

The assessment only takes about 40-60 minutes or less and costs $160 dollars and involves answering a series of questions concerning alcohol use and drug use. Based upon how the questions are answered then the person is ordered to obtain treatment. If you use - drink daily, it may require in-patient treatment. If you have a high alcohol breath test result, or heavy usage it may require completion of the 24 hour DUI school instead of the 10 hour DUI school. You will have four (4) months to complete the court requirements. The court will require community service in place of any jail time.

Most of the time, the assessment is going to require completion of a DUI school which costs about $150 for the 10 hour course or $325 for the 24 hour course. The assessment will determine which course is required. Usually, the court is going to require completion of the victim impact panel (mothers against drunk driving -MADD) which lasts one (1) hour and costs about $50 dollars.

Aggravating factors include: Was there an accident? Injuries? Children in the car? Prior offenses of any kind - prior felony convictions of any type? Breath test result - high or low? Attitude - combative or compliant? Treatment? Job? Health factors? Medical & Mental Factors? A multitude of other factors that should be discussed in private between the attorney and the client.

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Tulsa Criminal Defense Attorney - Tulsa Therapuetic Courts

Tulsa's Therapuetic Courts - Alternatives: Tulsa Drug Court, Tulsa DUI Court, Tulsa Mental Health Court, Tulsa Veterans Court, Tulsa Accelerated Accountability Procedure - Community Sentencing
by Glen R. Graham, Attorney at Law Telephone: (918) 583-4621 or (918) 260-8184 1612 S. Cincinnati Ave., Tulsa, Oklahoma http://www.glenrgraham.com

Tulsa has formed several therapuetic court's as alternatives to the traditional court system to provide an alternative means of handling various criminal cases. Any person who may qualify for one of the alternative courts should discuss this issue with a lawyer of their choice to determine if it is in their best interest to apply for that alternative court. Applications to apply for some of the Tulsa therapuetic courts, Tulsa Drug Court, Tulsa DUI Court, Tulsa Mental Health Court are available on my web site at http://www.glenrgraham.com/id63.html However, you should discuss this option with your lawyer prior to applying for any of these alternative courts. Information which you are required to disclose might be incriminating or harmful unless you qualify and you will want to discuss all of your options with a lawyer prior to making any final decisions.

I have written several helpful blogs about this information and if you do a search on google or yahoo, you can find more in depth information, or you can call me at (918) 583-4621 to schedule an appointment to discuss this matter further.

Sincerely,

Glen R. Graham

Attorney at Law

Can People Retain Their Humanity in a Sterile Court Room Setting?

Can People Retain Their Humanity in a Sterile Court Room Setting?

By Glen R. Graham, Tulsa Criminal Defense Attorney, http://www.glenrgraham.com/

In, ROY v. STATE, 1979 OK CR 115, 602 P.2d 226 , the Oklahoma Court of Criminal Appeals in reversing a first degree burglary conviction from Tulsa, Oklahoma, held that the breaking and entering in this case was "not the sort contemplated by the Legislature in this statute, but was concomitant with the physical attack on the complaining witness." A man had a confrontation with a neighbor yelling through a window at his neighbor and the defendant hit him through the open window and ended up inside the home having a physical altercation. The guy either hit him through the window screen or the screen either fell down or was moved during the altercation but the court found that this was "not the sort" of breaking and entering contemplated by the legislature.

I would theorize that in 1979 under the specific facts of the Roy case, the court viewed the altercation as an invited or "mutual combat" type situation in which the "complainig" party was not a truly "innocent" party but was partly at fault for inviting a physical confrontation with his neighbor. In the sterile setting of a court room, three times removed from everyday life, a person might theorize that the neighbor should have been a "better man" and ignored the taunts and insults and disparaging comments of his neighbor. In theory, "sticks and stones may break my bones but words will never hurt me." In real life, in the grimey world of the everyday working man or woman, people do not just ignore the taunts and insults and disparaging comments of other people. People react. Anyone is capable of reacting. Even a judge, prosecutor, internet blog reader, police officer or just the everyday ordinary individual. However, how the person choses to react can mean all the difference in the world from being charged with a serious crime or not.

Pull out a gun and shoot the person and you will be charged with murder. Stab the person and you will be charged with a felony. Hit the person with a fist and you will be charged with assault and battery. If you are a judge, I guess if it occurs in open court, the person will be arresed for contempt of court. If you are a police officer, and you carry a gun and a badge, and in theory you are trained to to react correctly to mere insults without losing your temper and beating the crap out of the guy or gal. If you are a lawyer, I guess you sue, (in theory). Counselor's talk about "self-control" and "anger management" and theorize that this person is re-living some past issues in their lives.

Some courts are less willing to look at the practical aspects, some one invites mutual combat and gets hit through a window and ends up inside the home. Is it first degree burglary or assault and battery? Moving the screen or the screen being pushed out of the way, does that make it a first degree burglary? Was there evidence about the screen --- did it fall down --- was it even on at the time --- ?

There is no specific jury instruction on "mutual combat" and the law does not formally recognize "mutual combat." Informally, it is an accepted fact of everyday life that people on occasion are going to engage in "mutual combat" and some people call it "professional wrestling" or "boxing" or "football" or "soccer" or other types of competitve and combative sports.

Has our society changed our people such that only "effiminate" non-competitive, soft, flakey, easy going, intellectuals are in charge and the rough and tumble, hearty, competitive, hard, macho man is no longer acceptable?

Have we become a society of "wimps," "losers," "cry-babies," "momma's boys," "effiminate-soft-scardy-cats" ?

Can juries retain their common sense and see through the over-charging and over-prosecution of people living in the real world and not in a sterile court room setting? Can judges retain their common sense and humanity in a court room and their "gate-keeper" function or do they merely cave into political pressure?

Can prosecutors look beyond the face of the charges and see the underlying common sense questions --- guy insults neighbor --- neighbor hits him --- what would be the right conviction --- felony burglary or misdemeanor assault and battery? It is common knowledge that prosecutors sometimes file the most severe charges because the cases are often plea bargained down to a lesser offense. What about the defense lawyer, does he or she have common sense? Shouldn't a defense lawyer see that this is really primarily a misdemeanor assault and battery and not a true first degree burglary? Shouldn't a police officer be trained to handle mere spoken insults without over-reacting and beating the crap out of the guy or gal and then calling it "resisting arrest" or "obstructing an officer"? Doesn't a certain amount of name calling come with any job --- lawyer or police officer? Are we wimps with thin skins who over react to stupid jokes and "put-downs" and "come-ons"?

Why did God give us a brain if we don't use it? What makes a human different that the savage beast of the field --- isn't it in part the conscience and the "moral" understanding and ability to have a sense of self-lessness and a willingness to give to fellow human beings and a higher sense of understanding than just being a beast of the field? If man is made in the image of God, shouldn't man have "moral" values and a higher understanding and conscience rather than just living on instincts and in a survival mode?

Can jurors and judges and lawyers and police officers retain their Humanity?

Some Factors Considered in Negotiating a Plea Bargain in a Tulsa Criminal Case

General Factors Considered by the Tulsa County District Attorneys in Negotiating a Plea Bargain

by Glen R. Graham, Tulsa Criminal Defense Attorney, Tulsa, Oklahoma

http://www.glenrgraham.com

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In a recent newsletter mailed out by the Tulsa County District Attorney's Office, see link at: http://www.da.tulsacounty.org - November 2008, issue, there is one article that lists some of the factor's which the Tulsa District Attorney's consider in negotiating a plea which include the following:

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* The nature and degree of the offense(s);

* Any possible mitigating circumstances;

* Criminal history of defendant;

* Mental state of the defendant;

* Sufficiency of admissible evidence to support a verdict;

* Any provisions for restitution;

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Prosecutors also consider witnesses:

* Availability and willingness to testify;

* Any physical or mental impairment;

* Certainty of indentification;

* Credibility;

* Relationship with defendant;

* Possible improper motive;

* Age of the witness;

* Undue hardship caused by testifying.

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Prosecutors consider victims:

* Existence and extent of physical injury and emotional trauma suffered;

* Economic loss suffered by the victim.

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"In every prosecution, justice and public safety are our primary considerations."

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"We confer with victims before an agreement is reached, if at all possible, and work hard to ensure that justice is served when the evidence and facts allow it. Many times a plea saves victims the emotional toll and uncertain outcome of a trial."

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"The community benefits from plea agreements because a guilty plea conserves resources and results in a quick disposition of a case. A guilty plea also means the defendant acknowledges guilty and assumes responsibility for his or her conduct."

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"The strength of the prosecution, therefore, rests not on whether the defendant actually committed the crime charged but rather on the evidence to prove that the defendant did."

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It is always helpful to have some general understanding of what factors the prosecutor is considering when attempting to negotitate an acceptable plea bargain.

This article did not specify all of the factor that the prosecutor may consider. It does not say which factors are more important than other factors. In balancing all of these factors and other unstated factors, it is sometimes difficult to anticipate which factor will gain more importance than other factors.

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For instance, there are multiple alternative courts now designed for specific types of offenses and according to multiple other factors that may or may not be included in this article. The new Tulsa County Veterans Court which may begin November or December of 2008, is a brand new type of plea bargaining process and a special kind of category designed for unique circumstances. Some veterans may be suffering from various adjustment disorders and post trauma stress disorders and certain emotional and psychological problems and some may have traumatic brain injury and others may suffer drug and or alcohol problems or general adjustment problems.

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The new Tulsa Mental Health Court for certain non-violent criminal offenses is also a new alternative court designed to offer a unique treatment approach to the traditional punishment mode of the traditional court system.

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The new Tulsa Accelerated Accountability Docket and the new Tulsa Community Sentencing Court are also available on a case by case basis for certain specific categoris of non-violent offenses and offers an alternative to the traditional incarceration approach.

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The Tulsa Drug Court and the Tulsa DUI Court are available on a case by case basis for certain drug and alcohol offenders and offers an intensive treatment approach as an alternative to the traditional incarceration or more punitive approaches.

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Alternative approaches for certain non-violent offenses and for certain non-violent offenders are providing new and alternative avenues for plea bargaining to avoid incarceration and to attempt to obtain real lasting change and rehabilitation while saving substantial tax dollars associated with incarceration costs.

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A good discussion of Tulsa's new alternative courts is available at:

http://oklahomacriminaldefense.blogspot.com/2008/09/tulsas-alternative-courts-tulsa-drug.html

The Art and Science of Defending the Accused

The philosophy of defending the accused successfully is both an art and a science. It requires the creativity and ingenuity of an artist and the reality grounded scientific principles of a scientist. A skillful criminal defense attorney is both an artist and a scientist.

A skillful defender should spend significant time, thinking about the case, discussing the facts thoroughly with the defendant, and researching the law, and investigating the facts. Sometimes it is helpful to relive the incident, moment by moment, just like a drama or a play. Sometimes it may be helpful to return to the scene and take pictures.

A skillful lawyer will look at the jury instructions for any legal defenses that are available on the case both factually and legally.

Sometimes it is useful to discuss the facts with other lawyers and see who has had a similar case and what legal arguments are available.

It is always helpful to know the judges preferences and the prosecutor's style.

It is sometimes helpful to Ask other lawyers what they know about the prosecutor and the judge.

With words, the lawyer skillfully paints the client's story in artistic phrases and expresses the defenses in the case to achieve the best possible out-come.

To be blunt, the Best Criminal Defense Lawyer is going to work, work, and work. There is no substitute for hard work.

I almost left out proper reference to Mark Bennett's blog, The Art and Science of Defending People, wherein he says that all lawyers are frustrated artists and the following:

"It is true that defending people well requires creativity. It also requires imagination, curiosity, flexibility, adaptability, and a willingness to take risks. In other words, it takes a childlike mind. A defense lawyer who thinks like a grownup, suppressing the ideas that are likely to be unpopular or unsuccessful, is often going to fail to find the best defense. (This may help explain why so many of us are lousy businessmen.)

We are all born with imaginative, playful, flexible minds (Pablo Picasso said, “Every child is an artist. The problem is how to remain an artist once he grows up.”). With the help of an educational system and a culture that tell us to “grow up,” most of us get over it: the childlike mind is still there, but suppressed, more or less, under a layer of “maturity.”

Elsewhere, in Bennett's blog: "So who’s the defender and who’s the prosecutor? Well, it’s like they say: Some days you’re the retiarius and some days you’re the secutor."

Lastly, Bennett says: "Someone once told me, and I long accepted, that all lawyers are frustrated artists."

Bennett says it eloquently, skillfully, and artistically, in everyday language anyone can understand.


By Glen R. Graham, Tulsa Criminal Lawyer http://www.glenrgraham.com

Tulsa Criminal Attorney Creative Ideas on Defending DUI and DWI

Tulsa Criminal Attorney Creative Ideas on Defending DUI and DWI
By Glen R. Graham, Tulsa Criminal Attorney, Email: glengraham@icu.net

The Graham Law Firm consists of me and three other attorneys. I am a Tulsa Criminal Attorney who has been defending Tulsa felony and misdemeanor criminal cases including Tulsa DUI and DWI cases for over 21 years now. Some of the creative ideas that I have discovered in defending these types of cases include:

Requesting an administrative hearing on your drivers license within 15 days of the date of your arrest for DUI. You only have 15 days from the date of your arrest to request a hearing on your drivers license. It says that on the back of the temporary license that you should have been given. Everyone is presumed to know the law, so if you fail to request a hearing within 15 days after the date of your arrest you forfeit your right to request a hearing on your drivers license.

The hearing on your drivers license is a "free" chance for me, if I am your lawyer, to challenge the evidence in the case. It is a chance to challenge the basis of the stop and the sufficiency of the evidence.

It is an administrative hearing before a department of public safety official. Most of the time you may lose that hearing but it gives you a chance to hear the evidence and for me as your lawyer to use it as a "discovery" tool. It is worth it to have the hearing because it allows me to discover any weaknesses in the state's case and to see if the officer will show up on the matter.

In a few cases, the officer may not appear and sometimes there are mistakes made and you win the hearing. If you lose the hearing, you have the right to appeal by filing a petition to challenge the sufficiency of the case. It does cost money to appeal but if you win the appeal, sometimes you may be offered a temporary license to drive. Also, you may receive a temporary license to drive while the appeal is pending.

Sometimes, it is useful to obtain written statements from any witnesses who can verify that you were not intoxicated at the time you left the business establishment or other place. It is illegal for a business to serve an intoxicated person. It may be illegal for a person to serve alcohol to an intoxicated person and then to allow them to drive home. Obtaining written statements from people who can verify that you were not intoxicated can be helpful.

The DUI laws are based upon the false assumption that everyone responds the same way to alcohol. It is based upon an "average" response by an "average" size person with "average" characteristics. This false "average" does not exist in the real world. People are made up of different sizes and people absorb alcohol at different rates. People of different sizes, and with different physical conditions, with different circumstances - such as the amount of food in the persons stomach, and whether they have past experiences with alcohol and have developed a "tolerance" to alcohol and are still able to function. There are a multitude of factors that can affect whether a person is actually "over the limit" and d.u.i. or whether they are just a little impaired. The law takes an "average" and attempts to apply this to everyone. Some people believe this law is discriminatory and violates the laws of science but it creates a legal "presumption" of intoxication if one "scores" above the "average" imputed limit. There have been a multitude of articles that argue that this violates the "presumption of innocence" and creates a "presumption of guilt" just because someone violates the "average" when in fact they may not be "average."

I have previously blogged about the "Inherent Unfairness of DUI Laws" in my blog here on June of 2007: The Inherent Unfairness of DUI Laws

http://tulsacriminaldefense.blogspot.com/2007/06/inherent-unfairness-in-dui-laws.html

I have been practicing law now for over 21 years, and I know all of the Tulsa judges, and I believe I have a good relationship with our judges. I also travel to the surrounding areas and I am a Criminal Attorney for Glenpool, Collinsville, Broken Arrow, Jenks, Bixby, Sapulpa, Owasso, Sand Springs, Tulsa, Oklahoma City, and others.

I believe I have a good reputation as an Oklahoma Criminal Attorney, and I am a member of the Oklahoma Criminal Defense Lawyers Association and the Tulsa Criminal Defense Lawyers Association, and the Oklahoma DUI Attorney Group, and the Tulsa DUI Attorney Group, and other organizations committed to defending the constitutional rights of people.

The specific facts of the case are always relevant and a good source of defenses. I would encourage you to schedule an appointment with my Tulsa Criminal Attorney Lawyer Office so we discuss the specific facts of your case for any possible defenses. Call my office at (918) 583-4621.

Sincerely,
Glen R. Graham, Tulsa Criminal Attorney, Tulsa, Oklahoma http://www.glenrgraham.com/

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Tulsa Jail Phone Calls Recorded and Letters Xeroxed

Tulsa Jail Phone Calls Recorded and Letters Xeroxed
by Glen R. Graham, Tulsa Criminal Defense Attorney, Tulsa, Oklahoma
Phone: (918) 583-4621 or email: glengraham@icu.net

Notice to everyone: All telephone calls from the jail are recorded and saved for at least three (3) years and the telephone conversations may be used against you. All letters into and out of the jail are xeroxed and copies are saved for use against the parties at trial or for investigation.

My clients in the Tulsa Jail continue to call me collect on occasion and want to discuss the facts of their case even though their phone calls are being recorded and I have to remind them of the above. They will also call their relatives and friends and sometimes discuss the facts of their case ---- forgetting that the call is being recorded and saved to be used against them.

Please, please, please --- everyone keep in mind the telephone calls from the Tulsa Jail are recorded!

Yours in the Defense of Fellow Human Beings,

Glen R. Graham, Tulsa Criminal Defense Lawyer, Tulsa, Oklahoma

Well, What are You Going to Do for Me? Work, Work, Work!!!

What are You Going to Do For Me? Work, Work, Work!!!
by Glen R. Graham, Oklahoma Criminal Defense Attorney, Email: glengraham@icu.net

Most client's charged with a serious crime want to know what the lawyer is going to do for them. The answer usually boils down to the philosophy of work, work, work. The first step is conducting your own independent investigation of the facts. Maybe, visiting the actual scene of the crime. Consider taking photographs of the scene and looking for evidence. Maybe even take the client back to the scene an re-live the incident --- maybe do some psycho-drama. It can provide real power in testifying when the client re-lives the incident and discusses all the emotions. It can increase the authenticity of the client when testifying in court. I will talk to the witnesses. Especially, I will talk to the client to gather up all the facts in the matter. That's why is can be very frustrating when the client wants to know what you are going to do for me? Well, most importantly, the client must come to the office and discuss the case. You might be surprised how many client's seem to not have the time to come to my office to discuss their case. How can I adequately prepare for the case when the client won't even come to my office? Are they afraid of me? Are they avoiding me because they don't have that payment for me that they promised me some time back? Sometimes, it makes me wonder? It is absolutely necessary to conduct an in depth interview of the client to find out all facts, issues, and all evidence and witnesses in the case.

One thing I will do, I will try to out-work the prosecutor. The prosecutor has multiple cases that he is handling all at the same time. The prosecutor is a professional juggler, handling many cases, hoping none of them fall. My practice is limited to just a few cases by comparison and I can spend more time on the case which should produce a better out-come.

I am going to devise a defense strategy and work on the theme of the case. I am going to research the law and study the statutes and cases dealing with all the issues in the case. I am going to study the facts and the law. One trick I have learned over the years, (21 years) is to look at the jury instructions to see what defenses might be available and to look at the jury instructions regarding the legal issues that will be presented to the jury. However, the jury is also the judge of the facts and therefore I must gather up all relevant facts which will assist me in advocating my client's side of the case to the jury.

I am going to file motions in the case. I am going to file a request and motion for discovery and obtain copies of all the law enforcement reports in this case and any exculpatory evidence. I am going to look for issues around the arrest and the search and seizure. I will file motions to suppress or motions to quash the arrest and/or motions to quash the information and/or motions to dismiss and/or other motions which will assist us in pursuing a defense in the matter.

I am going to prepare for a trial in the case.

I am going to advise my client how to behave, how to dress for court, and what to expect.

I am going to be over-prepared for court. I am going to out-work the prosecutor.

I am going to work, work, work.

Yours in the Defense of Fellow Human Beings,

Glen R. Graham, Attorney for the Accused, Tulsa, Oklahoma