State of Oklahoma v. Travis Rhodes Alley

Tulsa, Oklahoma, criminal defense lawyer represented the Defendant charged with aggravated DUI, Alcohol, 2nd offense, , in violation of 47 O.S. 11-902.A.2, Class: C2, 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 APRIL SEIBERT: DEFENDANT PRESENT, NOT IN CUSTODY AND REPRESENTED BY JASON EDGE. STATE REPRESENTED BY ALAN JAMIESON. 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 TWO (2) YEARS UNTIL 10/30/2028 AT 9:00AM IN ROOM 506. DEFENDANT ASSESSED $600.00 COURT FUND, $150.00 VICTIMS COMPENSATION ASSESSMENT, PLUS COSTS.

COUNT 2) COURT WITHHOLDS A FINDING OF GUILT AND DEFERS FOR TWO (2) YEARS UNTIL 10/30/2028 AT 9:00AM IN ROOM 506. DEFENDANT ASSESSED $100.00 COURT FUND, PLUS COSTS.

ALL COUNTS TO RUN CONCURRENT WITH EACH OTHER. DEFENDANT TO BE UNDER THE SUPERVISION OF THE DISTRICT ATTORNEY. DEFENDANT ORDERED TO COMPLETE VIP AND DUI SCHOOL. DEFENDANT ORDERED TO OBTAIN A DRUG AND ALCOHOL ASSESMENT WITHIN FORTY-FIVE (45) DAYS AND FOLLOW ALL RECOMMENDATIONS. DEFENDANT ORDERED TO COMPLETE FIVE (5) DAYS INPATIENT OR FIVE (5) DAYS IN THE TULSA COUNTY JAIL, WITH CREDIT FOR TIME SERVED AND EARNED, WITHIN ONE (1) YEAR.

DEFENDANT ADVISED OF APPEAL RIGHTS. DEFENDANT ASSESSED COURT COSTS. RULE 8 ISSUED. JUDGEMENT AND SENTENCE ISSUED. BOND EXONERATED.