State of Oklahoma v. Dequan Coronado

Tulsa, Oklahoma, criminal defense lawyer represented the Defendant charged with:

AGGRAVATED DUI ALCOHOL, in violation of 47 O.S. 11-902(D)

PEEDING- POSTED ZONE, in violation of 47 O.S. 11-802

47 O.S. 11-902 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;
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shall, upon conviction, be guilty of aggravated driving under the influence, which shall be a Class B3 felony offense.

E. A person convicted of aggravated driving under the influence shall participate in an assessment and evaluation pursuant to subsection H of this section and shall comply with all recommendations for treatment. * * *

H. Any person who is found guilty of a violation of the provisions of this section shall be ordered to participate in an alcohol and drug substance abuse evaluation and assessment program offered by a certified assessment agency or certified assessor for the purpose of evaluating and assessing the receptivity to treatment and prognosis of the person and shall follow all recommendations made in the assessment and evaluation for treatment. The court shall order the person to reimburse the agency or assessor for the evaluation and assessment. Payment shall be remitted by the defendant or on behalf of the defendant by any third party, provided no state-appropriated funds are utilized. The fee for an evaluation and assessment shall be the amount provided in subsection C of Section 3-460 of Title 43A of the Oklahoma Statutes. The evaluation and assessment shall be conducted at a certified assessment agency, the office of a certified assessor, or at another location as ordered by the court. The agency or assessor shall, within seventy-two (72) hours from the time the person is evaluated and assessed, submit a written report to the court for the purpose of assisting the court in its sentencing determination. The court shall, as a condition of any sentence imposed, including deferred and suspended sentences, require the person to participate in and successfully complete all recommendations from the evaluation, such as an alcohol and substance abuse treatment program pursuant to Section 3-452 of Title 43A of the Oklahoma Statutes. If such report indicates that the evaluation and assessment shows that the defendant would benefit from a ten-hour or twenty-four-hour alcohol and drug substance abuse course or a treatment program or both, the court shall, as a condition of any sentence imposed, including deferred and suspended sentences, require the person to follow all recommendations identified by the evaluation and assessment and ordered by the court. No person, agency, or facility operating an evaluation and assessment program certified by the Department of Mental Health and Substance Abuse Services shall solicit or refer any person evaluated and assessed pursuant to this section for any treatment program or substance abuse service in which such person, agency, or facility has a vested interest; however, this provision shall not be construed to prohibit the court from ordering participation in or any person from voluntarily utilizing a treatment program or substance abuse service offered by such person, agency, or facility. If a person is sentenced to imprisonment in the custody of the Department of Corrections and the court has received a written evaluation report pursuant to the provisions of this subsection, the report shall be furnished to the Department of Corrections with the judgment and sentence. Any evaluation and assessment report submitted to the court pursuant to the provisions of this subsection shall be handled in a manner which will keep such report confidential from the general public’s review. Nothing contained in this subsection shall be construed to prohibit the court from ordering judgment and sentence in the event the defendant fails or refuses to comply with an order of the court to obtain the evaluation and assessment required by this subsection. If the defendant fails or refuses to comply with an order of the court to obtain the evaluation and assessment, Service Oklahoma shall not reinstate driving privileges until the defendant has complied in full with such order. Nothing contained in this subsection shall be construed to prohibit the court from ordering judgment and sentence and any other sanction authorized by law for failure or refusal to comply with an order of the court.

I. Any person who is found guilty of a violation of the provisions of this section shall be required by the court to attend a victims impact panel program, as defined in subsection H of Section 991a of Title 22 of the Oklahoma Statutes, if such a program is offered in the county where the judgment is rendered, and to pay a fee of Seventy-five Dollars ($75.00), as set by the governing authority of the program and approved by the court, to the program to offset the cost of participation by the defendant, if in the opinion of the court the defendant has the ability to pay such fee.

J. Any person who is found guilty of a felony violation of the provisions of this section shall be required to submit to electronic monitoring as authorized and defined by Section 991a of Title 22 of the Oklahoma Statutes.

K. Any person who is found guilty of a violation of the provisions of this section who has been sentenced by the court to perform any type of community service shall not be permitted to pay a fine in lieu of performing the community service.

L. 1. When a person is eighteen (18) years of age or older, and is the driver, operator, or person in physical control of a vehicle, and is convicted of violating any provision of this section while transporting or having in the motor vehicle any child less than eighteen (18) years of age, the fine shall be enhanced to double the amount of the fine imposed for the underlying driving under the influence (DUI) violation which shall be in addition to any other penalties allowed by this section.

2. Nothing in this subsection shall prohibit the prosecution of a person pursuant to Section 852.1 of Title 21 of the Oklahoma Statutes who is in violation of any provision of this section or Section 11-904 of this title.

M. Any plea of guilty, nolo contendere, or finding of guilt for a violation of this section or a violation pursuant to the provisions of any law of this state or another state prohibiting the offenses provided for in this section, Section 11-904 of this title, or paragraph 4 of subsection A of Section 852.1 of Title 21 of the Oklahoma Statutes shall constitute a conviction of the offense for the purpose of this section; provided, any deferred judgment shall only be considered to constitute a conviction for a period of ten (10) years following the completion of any court-imposed probationary term.

N. If qualified by knowledge, skill, experience, training, or education, a witness shall be allowed to testify in the form of an opinion or otherwise solely on the issue of impairment, but not on the issue of specific alcohol concentration level, relating to the following:

1. The results of any standardized field sobriety test including, but not limited to, the horizontal gaze nystagmus (HGN) test administered by a person who has completed training in standardized field sobriety testing; or

2. Whether a person was under the influence of one or more impairing substances and the category of such impairing substance or substances. A witness who has received training and holds a current certification as a drug recognition expert shall be qualified to give the testimony in any case in which such testimony may be relevant.

JUDGE RICHARD HATHCOAT: DEFENDANT PRESENT, NOT IN CUSTODY AND REPRESENTED BY ISAIAH PARSONS. STATE REPRESENTED BY KARLIE GALARZA. COURT REPORTER AUDIO RECORDED. DEFENDANT SWORN IN OPEN COURT. DEFENDANT WAIVES RIGHT TO JURY TRIAL, AND NON-JURY TRIAL. DEFENDANT ENTERS A PLEA OF GULTY. COURT ACCEPTS PLEA AND FINDS DEFENDANT GUILTY. DEFENDANT SENTENCED TO:

COUNT 1) ONE (1) YEAR DEPARTMENT OF CORRECTIONS SUSPENDED ALL BUT 5 DAYS IN TULSA COUNTY JAIL, DEFENDANT TO SERVE TULSA COUNTY JAIL ON WEEKEND 7/11/2026 6 PM TO 7/13/2026 6 PM, AND 7/18/2026 6 PM TO 7/19/2026 6 PM. DEFENDANT TO BE UNDER THE SUPERVISION OF PROBATION AND PAROLE. DEFENDANT TO PAY $500.00 FINE, $150.00 VICTIM'S COMPENSATION ASSESSMENT, PLUS COSTS

COUNT 2) DEFENDANT TO PAY $150.00 FINE PLUS COSTS

THIS CASE TO RUN CONCURRENT WITH CF-2024-2187.

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