State of Oklahoma v. Caroline Lyon

Tulsa, Oklahoma, criminal defense lawyer represented the Defendant charged with aggravated DUI alcolhol and/or drug amended to misdemeanor DUI in violation of 47 O.S. 11-902(A)(2), which provides:

A. It is unlawful and punishable as provided 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 administered within two (2) hours after the arrest of such person;

2. Is under the influence of alcohol;

3. Has any amount of a Schedule I chemical or controlled substance, as defined in Section 2-204 of Title 63 of the Oklahoma Statutes, or one of its metabolites or analogs in the person's blood, saliva, urine or any other bodily fluid at the time of a test of such person's blood, saliva, urine or any other bodily fluid administered within two (2) hours after the arrest of such person;

4. Is under the influence of any intoxicating substance other than alcohol which may render such person incapable of safely driving or operating a motor vehicle. The timing requirement for the administration of tests pursuant to Section 756 of this title shall not apply to this paragraph; or

5. Is under the combined influence of alcohol and any other intoxicating substance which may render such person incapable of safely driving or operating a motor vehicle. The timing requirement for the administration of tests pursuant to Section 756 of this title shall not apply to this paragraph.

JUDGE APRIL SEIBERT: DEFENDANT PRESENT, NOT IN CUSTODY AND REPRESENTED BY KEITH BERGMAN. STATE REPRESENTED BY MEGHAN BROBST. COURT REPORTER WAIVED. DEFENDANT SWORN IN OPEN COURT DEFENDANT WAIVES RIGHTS TO PRELIMINARY HEARING, JURY TRIAL, AND NON-JURY TRIAL. DEFENDANT ENTERS A PLEA OF NO CONTEST. COURT ACCEPTS PLEA AND SENTENCES DEFENDANT TO:

COUNT 1) AMENDED TO MISDEMEANOR DUI: COURT WITHHOLDS A FINDING OF GUILT AND DEFERS FOR ONE (1) YEAR UNTIL 4/2/27 AT 9:00AM IN ROOM 158. DEFENDANT ASSESSED $300.00 COURT FUND, $150.00 VICTIMS COMPENSATION ASSESSMENT, PLUS COSTS.

DEFENDANT TO BE UNDER NO FORMAL SUPERVISION. DEFENDANT ORDERED TO PAY 991 FEES.