State of Oklahoma v. Jose Aguilar

Tulsa, Oklahoma, criminal defense lawyerKendall Baillie represented the Defendant charged with felony driving under the influence of alcohol - second office (municipal arrest), in violation of 47 O.S.C. 11-902(A2), which provides:

A. It is unlawful and punishable as provided for 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;

2. Is under the influence of alcohol* * * *

JUDGE HORTON: DEFENDANT PRESENT, NOT IN CUSTODY, AND REPRESENTED BY Kendall Baillie. STATE REPRESENTED BY ZACK MANLEY. COURT REPORTER WAIVED. DEFENDANT SUCCESSFULLY COMPLETES ALL REQUIREMENTS OF DRUG COURT. CASE CALLED FOR SENTENCING.

COUNT 1: COURT WITHHOLDS A FINDING OF GUILT AND DEFERS JUDGEMENT AND SENTENCING FOR SIX (6) MONTHS, UNTIL 04/23/2027 AT 9AM, IN ROOM 160. THE DEFENDANT IS NOT TO BE UNDER ANY FORMAL SUPERVISION. THE DEFENDANT IS ASSESSED COSTS. COSTS HELD IN ABEYANCE UNTIL END OF DEFERRED. IF SUCCESSFUL, COSTS TO BE WAIVED AT END OF DEFERRED.
COUNT 2: COURT WITHHOLDS A FINDING OF GUILT AND DEFERS JUDGEMENT AND SENTENCING FOR SIX (6) MONTHS, UNTIL 04/23/2027 AT 9AM, IN ROOM 160. THE DEFENDANT IS NOT TO BE UNDER ANY FORMAL SUPERVISION. THE DEFENDANT IS ASSESSED COSTS. COSTS HELD IN ABEYANCE UNTIL END OF DEFERRED. IF SUCCESSFUL, COSTS TO BE WAIVED AT END OF DEFERRED.
COUNT 3: COURT WITHHOLDS A FINDING OF GUILT AND DEFERS JUDGEMENT AND SENTENCING FOR SIX (6) MONTHS, UNTIL 04/23/2027 AT 9AM, IN ROOM 160. THE DEFENDANT IS NOT TO BE UNDER ANY FORMAL SUPERVISION. THE DEFENDANT IS ASSESSED COSTS. COSTS HELD IN ABEYANCE UNTIL END OF DEFERRED. IF SUCCESSFUL, COSTS TO BE WAIVED AT END OF DEFERRED.
COUNT 4: COURT WITHHOLDS A FINDING OF GUILT AND DEFERS JUDGEMENT AND SENTENCING FOR SIX (6) MONTHS, UNTIL 04/23/2027 AT 9AM, IN ROOM 160. THE DEFENDANT IS NOT TO BE UNDER ANY FORMAL SUPERVISION. THE DEFENDANT IS ASSESSED COSTS. COSTS HELD IN ABEYANCE UNTIL END OF DEFERRED. IF SUCCESSFUL, COSTS TO BE WAIVED AT END OF DEFERRED.

DEFENDANT EXECUTES RULE 8 FORM. DEFENDANT ADVISED OF APPEAL RIGHTS. DEFERRED ORDER OF PROBATION ISSUED. BOND EXONERATED.