State of Oklahoma v. D.D.W.

Tulsa, Oklahoma, criminal defense lawyer Marcus Wrightrepresented the Defendant charged with carrying a firearm while under the influence of drugs or alcohol, in violation of 21 O.S. 1989.9, which provides:

It shall be unlawful for any person to carry or use shotguns, rifles or pistols in any circumstances while under the influence of beer, intoxicating liquors or any hallucinogenic, or any unlawful or unprescribed drug, and it shall be unlawful for any person to carry or use shotguns, rifles or pistols when under the influence of any drug prescribed by a licensed physician if the aftereffects of such consumption affect mental, emotional or physical processes to a degree that would result in abnormal behavior. Any person convicted of a violation of the provisions of this section shall be punished as provided in Section 1289.15 of this title.

Any person convicted of a violation of the provisions of this section after having been issued a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act shall have the license suspended for a term of six (6) months and shall be subject to an administrative fine of Fifty Dollars ($50.00), upon a hearing and determination by the Oklahoma State Bureau of Investigation that the person is in violation of the provisions of this section.

DUI municipal in violation of 47 O.S. 11-902(A)(2), 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;

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;

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.

Transporting an open container of liquor in violation of 37A O.S. 6-125, which provides:

A. Any person who shall violate any provision of the Oklahoma Alcoholic Beverage Control Act for which no specific penalty is prescribed shall be guilty of a misdemeanor and be fined not more than Five Hundred Dollars ($500.00), or imprisoned in the county jail for not more than six (6) months, or by both such fine and imprisonment.

B. Provided, however, notwithstanding any provision of law to the contrary, any offense, including traffic offenses, in violation of any of the provisions of the Oklahoma Alcoholic Beverage Control Act which is not otherwise punishable by a term of imprisonment or confinement shall be punishable by a term of imprisonment not to exceed one day in the discretion of the court, in addition to any fine prescribed by law.

Failure to Signal in violation of 47 O.S. 11-604(A)(C), which provides:

A. No person shall turn a vehicle at an intersection, a public or private road, or a driveway unless the vehicle is in proper position upon the roadway as required in Section 11-601 of this title, or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate signal as provided in subsection B of the section, in the event any other traffic may be affected by such movement.

B. A signal of intention to turn right or left as required by law shall be given continuously during not less than the last one hundred (100) feet traveled by the vehicle before turning.

C. No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided in subsection B of this section to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.

Driving left of center, in violation of 47 O.S. 11-306, which provides:

(a) No vehicle shall be driven on the left side of the roadway under the following conditions:

1. When approaching or upon the crest of a grade or a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction;

2. When approaching within one hundred (100) feet of or traversing any intersection or railroad grade crossing unless otherwise indicated by official traffic control devices;

3. When the view is obstructed upon approaching within one hundred (100) feet of any bridge, viaduct or tunnel.

(b) The foregoing limitations shall not apply upon a one-way roadway; nor under the conditions described in Section 47-11-301, subsection (a), paragraph 2 of this title, nor to the driver of a vehicle turning left into or from an alley, private road or driveway.

JUDGE KASEY BALDWIN: DEFENDANT PRESENT, NOT IN CUSTODY. DEFENDANT REPRESENTED BY Marcus Wright. STATE REPRESENTED BY J.H. LYOU. DEFENDANT SWORN IN OPEN COURT. DEFENDANT ENTERS A PLEA OF GUILTY AND WAIVES RIGHTS TO JURY, NON JURY TRIAL. COURT ACCEPTS PLEA, DEFENDANT SENTENCED TO:

COUNT 1) COURT WITHHOLDS A FINDING OF GUILTY AND DEFERS FOR EIGHTEEN (18) MONTHS UNTIL 10-15-2027 @ 9:00 AM IN ROOM 158. DEFENDANT UNDER THE SUPERVISION OF THE TULSA COUNTY DISTRICT ATTORNEYS OFFICE. DEFENDANT TO COMPLETE VICTIM IMPACT PANEL, DRUG AND ALCOHOL ASSESSMENT, ADSAC, FIREARM SAFETY CLASS. DEFENDANT TO PAY $150.00 VICTIM COMPENSATION, $300.00 COURT FUND, PLUS COSTS.

COUNT 2) COURT WITHHOLDS A FINDING OF GUILTY AND DEFERS FOR EIGHTEEN (18) MONTHS UNTIL 10-15-2027 @ 9:00 AM IN ROOM 158. DEFENDANT UNDER THE SUPERVISION OF THE TULSA COUNTY DISTRICT ATTORNEYS OFFICE. DEFENDANT TO PAY $150.00 VICTIM COMPENSATION, $300.00 COURT FUND, PLUS COSTS.

COUNT 3) COURT WITHHOLDS A FINDING OF GUILTY AND DEFERS FOR EIGHTEEN (18) MONTHS UNTIL 10-15-2027 @ 9:00 AM IN ROOM 158. DEFENDANT UNDER THE SUPERVISION OF THE TULSA COUNTY DISTRICT ATTORNEYS OFFICE. DEFENDANT TO PAY $300.00 VICTIM COMPENSATION, $150.00 COURT FUND, PLUS COSTS.

COUNT 4) COURT WITHHOLDS A FINDING OF GUILTY AND DEFERS FOR EIGHTEEN (18) MONTHS UNTIL 10-15-2027 @ 9:00 AM IN ROOM 158. DEFENDANT UNDER THE SUPERVISION OF THE TULSA COUNTY DISTRICT ATTORNEYS OFFICE. DEFENDANT TO PAY $20.00 COURT FUND, PLUS COSTS.

COUNT 5) COURT WITHHOLDS A FINDING OF GUILTY AND DEFERS FOR EIGHTEEN (18) MONTHS UNTIL 10-15-2027 @ 9:00 AM IN ROOM 158. DEFENDANT UNDER THE SUPERVISION OF THE TULSA COUNTY DISTRICT ATTORNEYS OFFICE. DEFENDANT TO PAY $50.00 COURT FUND, PLUS COSTS.

ALL COUNTS TO RUN CONCURRENT.

DEFENDANT ADVISED OF APPEAL RIGHTS, RULE 8 ISSUED, ORDER OF DEFERRED SENTENCE ISSUED. BOND EXONERATED.