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  1. #1
    Join Date
    Aug 2010
    Posts
    9

    Arrow First DUI in Oklahoma

    My question involves criminal law for the state of: Oklahoma

    The accident occurred on 11/26/2009. A friend and I went out drinking at a local pub in the city. I dropped him off at his place, and proceeded to head back to my place. I decided to take a different route as I was going to stop by a local grocery store to get a snack. As I was driving, I decided to change songs on my Ipod, and ended up running into a median. Not knowing how bad of damage was done to the vehicle, I decided to try and change the tire so I can be on my way home. Within thirty minutes, a OHP trooper came and asked what the situation was. I told him I was changing my tire, in which he responded with 'I'm going to come back in ten minutes, and if you're still here, then I'm gonna have to take you in.' I didn't want to leave my car sitting on the side of the highway, so I called my friend, and he drove to the scene to pick me up, and then we went back to his place to get the right tools to get the beat up tire off of the car ( the tools I had were not that great ). This was about an hour and thirty minutes later, and then another OHP trooper came, flashed his light at the tire, and said the car was totaled. The trooper then told me to go in his car, and he was doing the test with my eyes ( while seated inside of the car ) and automatically 'you're drunk, you're going to jail.' He gave me two choices: do the blow test or spend the night in jail. Since I felt fine, and I had read somewhere that if you refused the test, your license would automatically be taken away ( which, as it turns out, isn't the case in the state of Oklahoma ), I told him I would take the test. He gave me two tries: once I blew .11, and second was .13. He only counted the .11, and alas, had to spend the night in jail where I ended up getting bailed out by a relative around 5pm on Thanksgiving. Within a couple of days, I went to Hunsucker Defense Firm and had them represent me. This is my first dui, and with the exception of a petty larceny conviction, I have no serious criminal offenses on my record.

    My question is this: This took place 11/26/2009, and as of today, 8/29/2010, I have not been convicted nor has DPS taken away my license ( I have had full driving privileges this whole time through a temporary license ). There have been three disposition court dates set up, in which the defense has called a continuance. Since it is nearing a year since the incident took place, what exactly is going to happen? I haven't been pulled over since then, and my insurance company paid for the damages caused on the median. I have read that people went ten years without a conviction with their dui but they still kept going through with disposition court dates. What is the deal? I'm ready for this to be over.

  2. #2
    Join Date
    Jul 2010
    Posts
    2,539

    Default Re: First DUI in Oklahoma

    The deal is that YOUR attorney keeps requesting continuances. Is he attempting a strategy or just not able to take care of your case? If it's the first, it sounds like it ain't working. If it's the second, you need to get someone to take care of this. Had it been the prosecution dragging their feet, you might have been able to make a motion to dismiss on speedy trial grounds but it's your side screwing around.
    You realize if you are convicted of DUI/OUI that your insurance rates are either gonna go through the roof or you're gonna be dropped? And if they compare the offense date to your accident date, they may come after you for what they paid on the damages as some insurance policies exclude coverage when the driver is under the influence.

  3. #3
    Join Date
    Aug 2010
    Posts
    9

    Default Re: First DUI in Oklahoma

    Quote Quoting free9man
    View Post
    The deal is that YOUR attorney keeps requesting continuances. Is he attempting a strategy or just not able to take care of your case? If it's the first, it sounds like it ain't working. If it's the second, you need to get someone to take care of this. Had it been the prosecution dragging their feet, you might have been able to make a motion to dismiss on speedy trial grounds but it's your side screwing around.
    You realize if you are convicted of DUI/OUI that your insurance rates are either gonna go through the roof or you're gonna be dropped? And if they compare the offense date to your accident date, they may come after you for what they paid on the damages as some insurance policies exclude coverage when the driver is under the influence.
    I called up there today, and this is what I was told:

    They like to go to do the DPS hearing first before they go into the DUI disposition, and according to them, DPS has had to cancel or change dates on numerous occasions. They've told me their reasoning for doing this but a lot of it escapes my mind ( I forgot what they stated, for lack of a better word ). I do remember though that they like to go into the DPS hearing first because they're able to cross examine the trooper who pulled me over.

    And yes, I am aware of the consequences with car insurance when it comes to a dui.

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