State of Oklahoma v. Lopez Antonioi Medina

Tulsa, Oklahoma, criminal defense lawyer represented the Defendant charged with aggravated DUI Alcohol and /or drug, in violation of 47 O.S. 11-902.D,Class B3, driving without a driver's license, in violation of 47 O.S. 6-303.A., and reckless driving, in violation of 47 O.S. 11-901.

47 O.S. 11-902.D provides:

D. Any person who is convicted of a violation of driving under the influence while also committing one of more of the following acts:

1. Driving, operating, or being in actual physical control of a motor vehicle while having a blood or breath alcohol concentration of fifteen-hundredths (0.15) or more at the time of a test of such person’s blood or breath;

2. Causing a motor vehicle incident involving one or more vehicles that results in a report pursuant to Section 40-102 of this title;

3. Driving in a manner that violates the provisions of Section 11-301, 11-302, 11-306, 11-309, or 11-311 of this title;

4. Driving while eluding peace officers pursuant to Section 540a of Title 21 of the Oklahoma Statutes;

5. Driving with a speed in excess of twenty (20) miles per hour over the speed limit or ten (10) miles per hour over the speed limit within an active school zone;

6. Operating a motor vehicle with a passenger younger than eighteen (18) years of age; or

7. Reckless driving as defined in Section 11-901 of this title,

shall, upon conviction, be guilty of aggravated driving under the influence, which shall be a Class B3 felony offense.

JUDGE APRIL SEIBERT: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY MARY MCMILLEN. STATE REPRESENTED BY AMY DICKENS. DEFENDANT SWORN IN OPEN COURT. CASE CALLED FOR PRELIMINARY HEARING ISSUE. DEFENDANT WAIVES RIGHTS TO PRELIMINARY HEARING, JURY TRIAL, AND NON-JURY TRIAL. DEFENDANT ENTERS A PLEA OF GUILTY. COURT ACCEPTS PLEA AND SENTENCES DEFENDANT TO:

COUNT 1) COURT WITHHOLDS A FINDING OF GUILT AND DEFERS FOR THREE (3) YEARS UNTIL 10/1/2029 AT 9:00AM IN ROOM 406. DEFENDANT ASSESSED $500.00 COURT FUND, $250.00 VICTIMS COMPENSATION ASSESSMENT, PLUS COSTS.

COUNT 2) COURT WITHHOLDS A FINDING OF GUILT AND DEFERS FOR THREE (3) YEARS UNTIL 10/1/2029 AT 9:00AM IN ROOM 406. DEFENDANT ASSESSED COSTS ONLY.

COUNT 3) COURT WITHHOLDS A FINDING OF GUILT AND DEFERS FOR THREE (3) YEARS UNTIL 10/1/2029 AT 9:00AM IN ROOM 406. DEFENDANT ASSESSED COSTS ONLY.

DEFENDANT TO BE UNDER THE SUPERVISION OF THE DISTRICT ATTORNEY. DEFENDANT ORDERED TO INSTALL INTERLOCK ON ANY VEHICLE DRIVEN BY DEFENDANT FOR 180 DAYS. DEFENDANT ORDERED TO COMPLETE VIP. DEFENDANT ORDERED TO OBTAIN A DRUG AND ALCOHOL ASSESSMENT WITHIN FORTY-FIVE(45) DAYS AND FOLLOW ALL RECOMMENDATIONS. DEFENDANT ORDERE TO SERVE TEN (10) DAYS IN THE TULSA COUNTY JAIL, WITH CREDIT FOR TIME SERVED AND EARNED. DEFENDANT ORDERED TO OBTAIN A MENTAL HEALTH EVALUATION AND FOLLOW ALL RECOMMENDATIONS. ALL COUNTS TO RUN CONCURRENT WITH EACH OTHER.

DEFENDANT ADVISED OF APPEAL RIGHTS. DEFENDANT ASSESSED COURT COSTS. RULE 8 ISSUED. JUDGEMENT AND SENTENCE ISSUED. RELEASE ISSUED.
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Medina, Lopez Antonioi

10-06