Date: 12-03-2012

Case Style: State of Oklahoma v. Eric Eugene Freese

Case Number: CF-2012-5052

Judge: Clifford Smith

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Matt Kehoe

Defendant's Attorney:

Description: Tulsa, OK - Criminal defense lawyer Kevin Adams represented Eric Eugene Freese who was charged by the State of Oklahoma with:

Count # 1.
Count as Filed: DU2II, UNLAWFUL POSSESSION OF CONTROLLED DRUG - METHAMPHETAMINE , in violation of 63 O.S. 2-402
Date Of Offense: 10/20/2012

Party Name: Disposition Information:

FREESE, ERIC EUGENE
(After Prior Convictions)
Disposed: CONVICTION, 12/03/2012. Guilty Plea.
Count as Disposed:UNLAWFUL POSSESSION OF CONTROLLED DRUG - METHAMPHETAMINE (DU2II)
Violation of 63 O.S. 2-402

Count # 2.
Count as Filed: DR2, UNDER THE INFLUENCE OF DRUGS IN A PUBLIC PLACE , in violation of 37 O.S. 8
Date Of Offense: 10/20/2012

Party Name: Disposition Information:

FREESE, ERIC EUGENE
Disposed: CONVICTION, 12/03/2012. Guilty Plea.
Count as Disposed:UNDER THE INFLUENCE OF DRUGS IN A PUBLIC PLACE (DR2)
Violation of 37 O.S. 8

Count # 3.
Count as Filed: DE5, OPERATE VEHICLE W/ DEFECTIVE EQUIPMENT OR UNSAFE CONDITION , in violation of 47 O.S. 12-101
Date Of Offense: 10/20/2012

Party Name: Disposition Information:

FREESE, ERIC EUGENE
Disposed: CONVICTION, 12/03/2012. Guilty Plea.
Count as Disposed:OPERATE VEHICLE W/ DEFECTIVE EQUIPMENT OR UNSAFE CONDITION (DE5)
Violation of 47 O.S. 12-101

The Tulsa County District Attorney alleged:

That TIM HARRIS, the duly elected and qualified District Attorney for Tulsa County, Oklahoma, who prosecutes in the name and by the authority of The State of Oklahoma, comes now into the District Court of Tulsa County, State of Oklahoma, and gives the Court to understand and be informed that:
(COUNT 1)

63 O.S. 2-402

ERIC EUGENE FREESE, on or about 10/20/2012, in Tulsa County, State of Oklahoma and within the jurisdiction of this Court, did commit the crime of UNLAWFUL POSSESSION OF CONTROLLED DRUG, a Felony, by unlawfully, feloniously, willfully, knowingly and intentionally have in his possession and under his control Methamphetamine said drug being classified as a controlled dangerous substance in schedule II of the Uniform Controlled Dangerous Substances Act of this State,

(COUNT 2)

47 O.S. 6-303(B)

ERIC EUGENE FREESE, on or about 10/20/2012, in Tulsa County, State of Oklahoma and within the jurisdiction of this Court, did commit the crime of DRIVING WITH LICENSE SUSPENDED/REVOKED, a Misdemeanor, by unlawfully, willfully, knowingly and wrongfully drive and operate a motor vehicle to-wit: a 2000 Ford F 150 bearing tag number 2013 OK 539ETX, on a public roadway of this State, to-wit: 800 S. Aspen in Tulsa County, Oklahoma, after his driving privileges had been suspended by the State of Oklahoma,

(COUNT 3)

47 O.S. 12-101

ERIC EUGENE FREESE, on or about 10/20/2012, in Tulsa County, State of Oklahoma and within the jurisdiction of this Court, did commit the crime of OPERATE VEHICLE W/DEFECT1VE EQUIPMENT OR UNSAFE CONDITIONS, a Misdemeanor, by unlawfully, drive and operate a certain 2000 Ford F150, bearing tag number 2013 OK 539ETX on 800 5. Aspen at a point in Tulsa County, Oklahoma, while said vehicle was in an unsafe mechanical condition so as to endanger the lives and property of others by having a defective brake light,

63 O.S. Section 2-402 provides:



A. 1. It shall be unlawful for any person knowingly or intentionally to possess a controlled dangerous substance unless such substance was obtained directly, or pursuant to a valid prescription or order from a practitioner, while acting in the course of his or her professional practice, or except as otherwise authorized by this act.

2. It shall be unlawful for any person to purchase any preparation excepted from the provisions of the Uniform Controlled Dangerous Substances Act pursuant to Section 2-313 of this title in an amount or within a time interval other than that permitted by Section 2-313 of this title.

3. It shall be unlawful for any person or business to sell, market, advertise or label any product containing ephedrine, its salts, optical isomers, or salts of optical isomers, for the indication of stimulation, mental alertness, weight loss, appetite control, muscle development, energy or other indication which is not approved by the pertinent federal OTC Final Monograph, Tentative Final Monograph, or FDA-approved new drug application or its legal equivalent. In determining compliance with this requirement, the following factors shall be considered:

a. the packaging of the product,

b. the name of the product, and

c. the distribution and promotion of the product, including verbal representations made at the point of sale.

B. Any person who violates this section with respect to:

1. Any Schedule I or II substance, except marihuana or a substance included in subsection D of Section 2-206 of this title, is guilty of a felony punishable by imprisonment for not less than two (2) years nor more than ten (10) years and by a fine not exceeding Five Thousand Dollars ($5,000.00). A second or subsequent violation of this section with respect to Schedule I or II substance, except marijuana or a substance included in subsection D of Section 2-206 of this title, is a felony punishable by imprisonment for not less than four (4) years nor more than twenty (20) years and by a fine not exceeding Ten Thousand Dollars ($10,000.00);

2. Any Schedule III, IV or V substance, marihuana, a substance included in subsection D of Section 2-206 of this title, or any preparation excepted from the provisions of the Uniform Controlled Dangerous Substances Act is guilty of a misdemeanor punishable by confinement for not more than one (1) year and by a fine not exceeding One Thousand Dollars ($1,000.00);

3. Any Schedule III, IV or V substance, marijuana, a substance included in subsection D of Section 2-206 of this title, or any preparation excepted from the provisions of the Uniform Controlled Dangerous Substances Act and who, during the period of any court-imposed probationary term or within ten (10) years of the date following the completion of the execution of any sentence or deferred judgment for a violation of this section, commits a second or subsequent violation of this section shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for not less than two (2) years nor more than ten (10) years and by a fine not exceeding Five Thousand Dollars ($5,000.00); or

4. Any Schedule III, IV or V substance, marijuana, a substance included in subsection D of Section 2-206 of this title, or any preparation excepted from the provisions of the Uniform Controlled Dangerous Substances Act and who, ten (10) or more years following the date of completion of the execution of any sentence or deferred judgment for a violation of this section, commits a second or subsequent violation of this section shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for not less than one (1) year nor more than five (5) years and by a fine not exceeding Five Thousand Dollars ($5,000.00).

C. Any person who violates any provision of this section by possessing or purchasing a controlled dangerous substance from any person, in or on, or within one thousand (1,000) feet of the real property comprising a public or private elementary or secondary school, public vocational school, public or private college or university, or other institution of higher education, recreation center or public park, including state parks and recreation areas, or in the presence of any child under twelve (12) years of age, shall be guilty of a felony and punished by:

1. For a first offense, a term of imprisonment, or by the imposition of a fine, or by both, not exceeding twice that authorized by the appropriate provision of this section. In addition, the person shall serve a minimum of fifty percent (50%) of the sentence received prior to becoming eligible for state correctional institution earned credits toward the completion of said sentence; or

2. For a second or subsequent offense, a term of imprisonment not exceeding three times that authorized by the appropriate provision of this section and the person shall serve a minimum of ninety percent (90%) of the sentence received prior to becoming eligible for state correctional institution earned credits toward the completion of said sentence, and imposition of a fine not exceeding Ten Thousand Dollars ($10,000.00).

D. Any person convicted of any offense described in this section shall, in addition to any fine imposed, pay a special assessment trauma-care fee of One Hundred Dollars ($100.00) to be deposited into the Trauma Care Assistance Revolving Fund created in Section 1-2530.9 of this title.

Title 37 O.S. Section 8 provides:

Except as provided in Section 2 of this act, any person who shall, in any public place, or in or upon any passenger coach, streetcar, or in or upon any other vehicle commonly used for the transportation of passengers, or in or about any depot, platform, waiting station or room, drink or otherwise consume any intoxicating liquor unless authorized by the Oklahoma Alcoholic Beverage Control Act, intoxicating substance, or intoxicating compound of any kind, or inhale glue, paint or other intoxicating substance, or if any person shall be drunk or intoxicated in any public or private road, or in any passenger coach, streetcar, or any public place or building, or at any public gathering, from drinking or consuming such intoxicating liquor, intoxicating substance or intoxicating compound or from inhalation of glue, paint or other intoxicating substance, or if any person shall be drunk or intoxicated from any cause and shall disturb the peace of any person, he shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than Ten Dollars ($10.00), nor more than One Hundred Dollars ($100.00), or by imprisonment for not less than five (5) days nor more than thirty (30) days, or by both such fine and imprisonment.

Title 47 O.S. Section provides:



A. It shall be a misdemeanor, upon conviction, punishable as provided in Section 17-101 of this title, for any person:

1. To drive or move, or for the owner to cause or permit to be driven or moved on any highway, any vehicle or combination of vehicles which:

a. is known to be in such unsafe condition as to endanger any person,

b. is known not to contain those parts required by this chapter,

c. is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this chapter, or

d. is known to be equipped in any manner in violation of this chapter;

2. To do any act forbidden under this chapter; or

3. To fail to perform any act required under this chapter.

B. Nothing contained in this chapter shall be construed to prohibit on any vehicle:

1. Equipment required by the United States Department of Transportation pursuant to 49 C.F.R., Chapter V; or

2. The use of additional parts and accessories which are not inconsistent with provisions of this chapter.

C. The provisions of Article II et seq. of this chapter with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers, farm tractors, motorcycles as defined in Section 12-601 of this title, or vehicles designed to be moved solely by animal or human power, except as specifically made applicable in this chapter.

D. Any specific requirement of this chapter with respect to equipment on any vehicle, other than a bicycle, shall not apply if the vehicle was lawfully designed and manufactured without such equipment; provided, the provisions of this chapter shall apply to any homemade vehicle or any vehicle constructed from a kit or from plans.

E. Low-speed and medium-speed electrical vehicles which are in compliance with the equipment requirements in 49 C.F.R., Section 571.500 shall be deemed to be in compliance with the provisions of this chapter.

F. The provisions of this chapter shall not apply to vehicles registered in Oklahoma as antique or classic vehicles pursuant to Sections 1105 and 1135.1 of this title and rules promulgated pursuant thereto.

G. The Commissioner of Public Safety may promulgate rules regarding vehicle equipment and standards for vehicle equipment required to maintain such equipment in safe condition and in compliance with this chapter.

H. Any person producing proof within forty-eight (48) hours that a condition or equipment for which the person was cited as defective, missing, prohibited, improper, unauthorized or otherwise in violation of this chapter has been remedied by the person shall be entitled to dismissal of such charge without assessment of court costs.

I. As used in this chapter:

1. "Lamp" means an electrical device producing artificial illumination by use of one or more lights, each light of which performs the same function or separate functions as required by this chapter;

2. "Lightweight vehicle" means a motor vehicle that has a manufacturer’s gross vehicle weight rating of ten thousand (10,000) pounds or less, other than:

a. a vehicle that is being used to transport passengers for hire, or

b. a vehicle that is being used to transport hazardous materials of a type or quantity that requires the vehicle to be marked or placarded under 49 C.F.R., Section 177.823;

3. "Nighttime" or "night" means any time from one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise; and

4. "Passenger car" means a motor vehicle designed for carrying ten persons, including the driver, or less except a low-speed or medium-speed electrical vehicle or motorcycle, as defined in Section 12-601 of this title.

Title 47 O.S. Section 12-101 provides:



A. It shall be a misdemeanor, upon conviction, punishable as provided in Section 17-101 of this title, for any person:

1. To drive or move, or for the owner to cause or permit to be driven or moved on any highway, any vehicle or combination of vehicles which:

a. is known to be in such unsafe condition as to endanger any person,

b. is known not to contain those parts required by this chapter,

c. is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this chapter, or

d. is known to be equipped in any manner in violation of this chapter;

2. To do any act forbidden under this chapter; or

3. To fail to perform any act required under this chapter.

B. Nothing contained in this chapter shall be construed to prohibit on any vehicle:

1. Equipment required by the United States Department of Transportation pursuant to 49 C.F.R., Chapter V; or

2. The use of additional parts and accessories which are not inconsistent with provisions of this chapter.

C. The provisions of Article II et seq. of this chapter with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers, farm tractors, motorcycles as defined in Section 12-601 of this title, or vehicles designed to be moved solely by animal or human power, except as specifically made applicable in this chapter.

D. Any specific requirement of this chapter with respect to equipment on any vehicle, other than a bicycle, shall not apply if the vehicle was lawfully designed and manufactured without such equipment; provided, the provisions of this chapter shall apply to any homemade vehicle or any vehicle constructed from a kit or from plans.

E. Low-speed and medium-speed electrical vehicles which are in compliance with the equipment requirements in 49 C.F.R., Section 571.500 shall be deemed to be in compliance with the provisions of this chapter.

F. The provisions of this chapter shall not apply to vehicles registered in Oklahoma as antique or classic vehicles pursuant to Sections 1105 and 1135.1 of this title and rules promulgated pursuant thereto.

G. The Commissioner of Public Safety may promulgate rules regarding vehicle equipment and standards for vehicle equipment required to maintain such equipment in safe condition and in compliance with this chapter.

H. Any person producing proof within forty-eight (48) hours that a condition or equipment for which the person was cited as defective, missing, prohibited, improper, unauthorized or otherwise in violation of this chapter has been remedied by the person shall be entitled to dismissal of such charge without assessment of court costs.

I. As used in this chapter:

1. "Lamp" means an electrical device producing artificial illumination by use of one or more lights, each light of which performs the same function or separate functions as required by this chapter;

2. "Lightweight vehicle" means a motor vehicle that has a manufacturer’s gross vehicle weight rating of ten thousand (10,000) pounds or less, other than:

a. a vehicle that is being used to transport passengers for hire, or

b. a vehicle that is being used to transport hazardous materials of a type or quantity that requires the vehicle to be marked or placarded under 49 C.F.R., Section 177.823;

3. "Nighttime" or "night" means any time from one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise; and

4. "Passenger car" means a motor vehicle designed for carrying ten persons, including the driver, or less except a low-speed or medium-speed electrical vehicle or motorcycle, as defined in Section 12-601 of this title.

Outcome: 12-03-2012 CONVICTED 1 FREESE, ERIC EUGENE 83756693 Dec 3 2012 3:40:46:770PM - $ 0.00
JUDGE CLIFFORD SMITH: DEFENDANT PRESENT, NOT IN CUSTODY AND REPRESENTED BY KEVIN ADAMS, STATE REPRESENTED BY MATT KEHOE. COURT REPORTER IS WAIVED. DEFENDANT WAIVES RIGHT TO JURY/NON JURY TRIAL. DEFENDANT SWORN IN OPEN COURT. DEFENDANT ENTERS A PLEA OF GUILTY. COURT ACCEPTS PLEA AND FINDS DEFENDANT GUILTY. DEFENDANT IS SENTENCED AS FOLLOWS:

COUNT 1: FOUR (4) YEARS SUSPENDED SENTENCE, SUPERVISED BY THE DEPARTMENT OF CORRECTIONS, PROBATION AND PAROLE, DEFENDANT ASSESSED $500.00 COURT FUND, $250.00 VICTIM'S COMPENSATION FUND, $100.00 MENTAL HEALTH FUND, $50.00 DISTRICT ATTORNEY DRUG FUND, PLUS COSTS. SIXTY (60) HOURS OF COMMUNITY SERVICE, UNDER THE DIRECTION OF TULSA COUNTY WORK PROGRAM. DEFENDANT TO HAVE TREATMENT/URINALYSIS

COUNT 2: DEFENDANT ASSESSED $100.00 FINE, PLUS COSTS.

COUNT 3: DEFENDANT ASSESSED $5.00 FINE, PLUS COSTS.

DEFENDANT ADVISED OF APPEAL RIGHTS. RULE 8 EXECUTED. JUDGEMENT AND SENTENCE ISSUED. BOND EXONERATED. RELEASE ISSUED.

Plaintiff's Experts:

Defendant's Experts:

Comments: