State of Oklahoma v. April Itzel Dominguez Gonzalez

Tulsa, Oklahoma criminal defense lawyer represented the defendant charged with aggravated driving under the influence of Alcohol and/or drugs 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.

and

Speeding in excess of lawful maximum limit in violation of 47 O.S. 11801.

JUDGE APRIL SEIBERT: DEFENDANT PRESENT, NOT IN CUSTODY AND REPRESENTED BY JAMES LINGER. STATE REPRESENTED BY DANNY ANSON. 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) AMENDED TO MISDEMEANOR DUI: COURT WITHHOLDS A FINDING OF GUILT AND DEFERS FOR EIGHTEEN (18) MONTHS UNTIL 1-7-2028 AT 9:00AM IN ROOM 158. DEFENDANT ASSESSED $300.00 COURT FUND, $150.00 VICTIMS COMPENSATION ASSESSMENT, PLUS COSTS.

COUNT 2) COURT WITHHOLDS A FINDING OF GUILT AND DEFERS FOR EIGHTEEN (18) MONTHS UNTIL 1-7-2028 AT 9:00AM IN ROOM 158. DEFENDANT ASSESSED COSTS ONLY.

DEFENDANT TO BE UNDER THE SUPERVISION OF THE DISTRICT ATTORNEY. DEFENDANT ORDERED TO COMPLETE VIP AND ADSAC. DEFENDANT ORDERED TO OBTAIN A DRUG AND ALCOHOL ASSESSMENT WITHIN FORTY-FIVE (45) DAYS AND FOLLOW ALL RECOMMENDATIONS. BOTH COUNTS TO RUN CONCURRENT WITH EACH OTHER.

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