State of Oklahoma v. K.S.

Tulsa, Oklahoma, criminal defense lawyer Kent Morlan represented the Defendant charged with aggravated DUI alcohol in violation of 47 O.S. 11-902.D, which 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, NOT IN CUSTODY AND REPRESENTED BY Kent Morlan. STATE REPRESENTED BY MATT HELBERG. COURT REPORTER WAIVED. 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 EIGHTEEN (18) MONTHS UNTIL 1/10/2028 AT 9:00AM IN ROOM 406. DEFENDANT ASSESSED COSTS ONLY.

COUNT 2) COURT WITHHOLDS A FINDING OF GUILT AND DEFERS FOR EIGHTEEN (18) MONTHS UNTIL 1/10/2028 AT 9:00AM IN ROOM 406. DEFENDANT ASSESSED COSTS ONLY.

DEFENDANT TO BE UNDER THE SUPERVISION OF THE DISTRICT ATTORNEY. DEFENDANT ORDERED TO COMPLETE VIP. DEFENDANT ORDERED TO OBTAIN A DRUG AND ALCOHOL ASSESSMENT WITHIN FORTY-FIVE (45) DAYS AND FOLLOW ALL RECOMMENDATIONS. BOTH COUNTS TO RUN CONCURRENT. DEFENDANT ORDERED TO SERVE TEN (10) DAYS IN TULSA COUNTY JAIL, WITH CREDIT FOR TIME SERVED AND EARNED, INCLUDING THREE (3) DAYS PREVIOUSLY SERVED, ON 1/4/2027 AT 8PM TO 1/11/2027 12PM. DEFENDANT MAY LIVE AND WORK AND TEXAS. DEFENDANT MAY COMPLETE ALL CLASSES IN TEXAS.

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