Commercial Driver's License Traffic Tickets and DUI in Oklahoma

Commercial Driver’s License Traffic Tickets

and DUI In Oklahoma

By Glen R. Graham – Attorney at Law

http://www.glenrgraham.com

When the Department of Public Safety receives notice of a commercial vehicle driver having 0.04 percent BAC, his/her license will be suspended as follows:

(This applies even if he/she is operating their own personal vehicle or a commercial vehicle)

First disqualification — One Year

Second disqualification — Lifetime

There is no work permit and no hardship license for a commercial driver’s license dui, dwi, or apc charge in Oklahoma. If timely requested within 15 days of the date of arrest, your attorney may be able to obtain an operator driver's license  “modified” operator’s driver’s license for you but this is not a cdl.  You should consult an attorney immediately.

The laws regarding the taking of your commercial driver’s license apply irregardless of whether you are operating your own personal vehicle or if you are operating a commercial vehicle.

You can request an administrative hearing within 15 days of the date of your arrest but your commercial driver’s license will still be taken but you can obtain a simple “operator’s driver’s license” pending an administrative hearing but you commercial driver’s license will be automatically taken upon your arrest for DUI with a breath alcohol content of .04 or above by law for a commercial driver’s license.  You have 15 days from the date of your arrest to  request an administrative hearing regarding your driver’s license and you can obtain an operator’s driver’s license if you make a timely request.

Oklahoma Commercial Vehicle Driver's Manual:  http://www.cdlrental.com/CMVDM.pdf

http://www.dps.state.ok.us/dls/pub/CMVDM.pdf

Serious Traffic Violations May Result in Disqualification or Loss of CDL

“Serious traffic violations” are the following:

    Excessive speeding (15 mph or more above the posted limit).

    Reckless driving.

    Improper or erratic lane changes.

    Following a vehicle too closely.

    Traffic offenses committed in a CMV in connection   with fatal traffic accidents.

    Driving a CMV without obtaining a CDL or having     a CDL in the driver’s possession.

    Driving a CMV without the proper class of CDL   and/or endorsements.

    Using an electronic communications device to read   or send a text messages while driving a commercial    motor vehicle.

    Using a hand held cellular telephone while driving a commercial vehicle.

You will lose your CDL:

    First Offense – No loss of license.

    Second offense within a 3 year period: For at least 60 days if you have committed two serious traffic violations within a three-year period involving a   CMV.

    Third Offense within a 3 year period: For at    least 120 days for three or more serious traffic violations within a three-year  period involving a CMV.

Alcohol, Leaving the Scene of an Accident, and Commission of a Felony involving a Motor Vehicle

It is illegal to operate a CMV if your blood alcohol concentration (BAC) is .04% or more. If you operate a CMV, you shall be deemed to have given your consent to alcohol testing.

Major Violations

Major violations will also result in a loss of your CDL and you will lose your CDL for at least one (1) year for a first offense for “major violations” such as:

    Driving a CMV if your blood alcohol concentration   is .04% or higher.

    Driving a CMV under the influence of alcohol.

    Refusing to undergo blood alcohol testing.

    Driving a CMV while under the influence of a    controlled substance.

    Leaving the scene of an accident involving a CMV.

    Committing a felony involving the use of a CMV.

    Driving a CMV when the CDL is suspended.

    Causing a fatality through negligent operation of a CMV.

You will lose your CDL for at least three (3) years if the offense occurs while you are operating a CMV

that is placarded for hazardous materials.

You will lose your CDL for life for a second offense.

You will lose your CDL for life if you use a CMV to commit a felony involving controlled substances.

You will be put out-of-service for 24 hours if you have any detectable amount of alcohol under .04%.

Oklahoma Implied Consent Laws (Commercial Vehicles)

The very act of driving or being in actual physical control of a motor vehicle means that you have agreed to take one or more tests to determine your blood alcohol content (BAC). This law applies to everyone, residents and nonresidents alike. Refusal to 

take the test upon request by a law enforcement officer will result in an automatic revocation of your driving privilege, even if you have not been drinking. If you have been drinking, the test will determine the BAC level.

Notice - Traffic Violations in Your Personal Vehicle

The Motor Carrier Safety Improvement Act (MCSIA) of 1999 requires a CDL holder to be disqualified from operating a commercial motor vehicle if the CDL holder has been convicted of certain types of moving violations in their personal vehicle.

If your privilege to operate your personal vehicle is revoked, cancelled, or suspended due to violations of traffic control laws (other than parking violations) you will also lose your CDL driving privileges..

If your privilege to operate your personal vehicle is revoked, cancelled, or suspended due to alcohol,controlled substance or felony violations, you will lose your CDL for 1 year.   If you are convicted of a second violation in your personal vehicle or CMV you will lose your CDL for life.

If your license to operate your personal vehicle is revoked, cancelled, or suspended you may not obtain a “hardship” license to operate a CMV.

The law in Oklahoma requires the CDL holder to notify his or her employer within 30 days of a traffic violation conviction. In addition, if you get a traffic ticket in another state, you are required to inform your employer and the Oklahoma Department of Motor Vehicles.

In Oklahoma - the Federal Government has established certain guidelines which it has imposed on the State subject to the state losing millions of dollars of highway funds and federal dollars.  These guidelines prohibit the courts, prosecutors, and the Oklahoma Department of Public Safety from "masking" certain traffic offenses committed by commercial driver's license holders.  Here is a sample of the memorandum letter sent by the Oklahoma Dept. of Public Safety regarding this matter prohibiting masking: http://www.dps.state.ok.us/occ/memo_masking.pdf

The Federal Motor Carrier Safety Administration has laws under 49 CRF Sec. 384.226 which prohibit the states from "masking" any traffic violation by the holder of a commercial driver's license.  This law treats most traffic offenses by a CDL holder as a conviction under federal law.  Any deferred sentence or payment of  court costs or payment of any fine even if the matter is amended to another offense may be treated as a conviction for a holder of a commercial driver's license.  The only way for the holder of a commercial driver's license to be sure not to have a traffic violation reported as a conviction is to go to trial and be found "not guilty."

To read more about the Oklahoma Department of Public Safety rules prohibiting masking see: https://docs.google.com/viewer?url=http://www.dps.state.ok.us/occ/masking.pdf

Glen R. Graham, Traffic dui dwi Attorney, Tulsa, Oklahoma
Telephone: (918) 583-4621 or (918) 260-8184

http://www.glenrgraham.com Address: 1612 S. Cincinnati Ave., Tulsa, OK

Reckless Driving Traffic Ticket Defense in Oklahoma

Reckless Driving Traffic Ticket Defense in Oklahoma

By Glen R. Graham, Criminal Defense Lawyer Tulsa, Oklahoma

http://www.glenrgraham.com  Phone 918-260-8184

You should talk with a good local, experienced traffic ticket lawyer before your court date. Glen R. Graham attorney at law is an experienced traffic lawyer with over 25 years experience representing the people of Oklahoma.  His website is http://www.glenrgraham.com and his phone number is 918-260-8184.  The traffic laws and the laws concerning reckless driving tickets in Oklahoma are set forth in the Oklahoma Statutes and in the municipal city ordinances of Tulsa, Bixby, Broken Arrow, Glenpool, Jenks, Owasso, Sand Springs, and surrounding areas.

Reckless driving in Oklahoma is a serious criminal offense

Oklahoma reckless driving is a serious criminal misdemeanor and it carries a potential for 4 points on your Oklahoma Department of Public Safety driving record  and  a potential fine of $500, and a potential jail sentence of 90 days.  A second offense carries additional penalties as listed below.

Aside from the fine and jail time, your license could also be suspended up to 1 year. And a reckless driving Oklahoma conviction stays on your Oklahoma DMV record for years and for insurance purposes for a minimum of 3 years.

Oklahoma reckless driving: 1^st Offense: 5 days to 90 days and/or 0-$500 plus costs; 2^nd Offense: 10 days to 6 months and/or $150 - $1,000 plus costs.

The statutory prohibition concerning reckless driving in Oklahoma is set forth in the Oklahoma Statutes under  title 47 O.S. §11-901 which states:

A. It shall be deemed reckless driving for any person to drive a motor vehicle in a careless or wanton manner without regard for the safety of persons or property or in violation of the conditions outlined in Section 11-801 of this title (which is the general rules of the road speed restrictions).

B. Every person convicted of reckless driving shall be punished upon a first conviction by imprisonment for a period of not less than five (5) days nor more than ninety (90) days, or by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by both such fine and imprisonment; on a second or subsequent conviction, punishment shall be imprisonment for not less than ten (10) days nor more than six (6) months, or by a fine of not less than One Hundred Fifty Dollars ($150.00) nor more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.

Further, explanation for the statutory requirements  or required elements to prove reckless driving in Oklahoma are set forth in the Oklahoma jury instructions as stated below:

OUJI-CR 6-32

RECKLESS DRIVING - ELEMENTS

No person may be convicted of reckless driving unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, driving;

Second, a motor vehicle;

Third, in a careless or wanton manner;

Fourth, (without regard for the safety of persons or property) or (that violated lawful speed limits) or (that [failed to attain]/exceeded the speed that a careful and prudent person would have considered reasonable and proper having due regard for the traffic, surface, and width of the highway, and other conditions) or (that exceeded the speed that a careful and prudent person would have considered reasonable and proper in order to stop within the assured clear distance ahead).

Further and more fruitful discussion concerning the limitations and the definition of reckless driving in Oklahoma are contained the Oklahoma Uniform Jury Instruction Committee Comments following the jury instructions for Oklahoma Uniform Jury Instructions at OUJI-CR-6-32 which is for Oklahoma jury instructions for reckless driving.   See the comments following the relevant listed Oklahoma Uniform Jury Instruction which include:

The first alternative, "without regard for the safety of persons or property," restates the statutory language of section 11-901.  This language seems to indicate that the defendant must have had a conscious awareness of dangers to the safety of persons or property. In the opinion of the Commission, no such subjective mens rea is required for conviction for the crime of reckless driving. To establish the first alternative, it is necessary to prove only that the acts and conduct of the defendant, as judged by an objective reasonable-and-prudent-person standard, created dangers for the safety of persons or property. Lamb v. State, 70 Okl. Cr. 236, 105 P.2d 799 (1940).

The three other alternatives of the fourth element list violations of the conditions of 47 O.S. 1991, § 11-801. Subdivision (a) of section 11-801 has a general rule concerning the expected appropriate conduct of drivers with regard to the speed at which they should drive. The provisions of the general rules are reflected in the last two alternatives of the fourth element. The remaining subdivisions of section 11-801 set specific speed limits for various situations and types of vehicles. Violation of speed limits is the second alternative. The Commission has stated the violations of section 11-801, rather than using the statutory language of section 11-901, in order to avoid the necessity for a separate definitional instruction for the violations of section 11-801.

It should be stressed that proof that the defendant has driven in a manner which disregards the safety of persons or property, or which violates the conditions of section 11-801, is not enough by itself to convict the defendant of the crime of reckless driving. The State must also prove that the defendant was driving in the "careless or wanton manner" of the third element. For example, the defendant must not only be speeding, but also must be speeding to such an extent that his conduct would constitute culpable negligence. A "careless or wanton manner" signifies more than simply a violation of the speeding laws; it signifies culpable negligence. Chappell v. State, 462 P.2d 325 (Okl. Cr. 1969);Scott v. State, 71 Okl. Cr. 54, 108 P.2d 189 (1941).

The Commission has decided that the best way to understand the coverage of the reckless-driving crime of section 11-901 was to compare the facts of cases in which the Court of Criminal Appeals has indicated that a reckless-driving conviction is proper with the facts of cases in which the Court of Criminal Appeals has reversed a reckless driving conviction for insufficient evidence. Conviction proper: Wolf v. State, 375 P.2d 283 (Okl. Cr. 1966) (intoxicated driver forcing other drivers off the road); Matchen v. State, 349 P.2d 28 (Okl. Cr. 1960) (speeding at 100-105 m.p.h.); Hooper v. State, 348 P.2d 191 (Okl. Cr. 1959) (driving up behind cars then skidding sideways and passing in face of oncoming traffic, thereby forcing other cars off the road); Sullivan v. State, 333 P.2d 591 (Okl. Cr. 1958) ("three beers" and 80-85 in a 55 m.p.h. zone, resulting in accident); Allen v. State, 273 P.2d 152 (Okl. Cr. 1954) ("three beers" and accident); Hoover v. State, 94 Okl. Cr. 227, 233 P.2d 327 (1951) (passing in the face of oncoming traffic, causing accident). Conviction not proper: Herman v. City of Oklahoma City, 501 P.2d 1111, 1112 (Okl. Cr. 1972) (no evidence of speed of vehicle); Scott, supra, (backing out of driveway into road and a collision occurred).

Mitigating factors

There are lots of factors that we can argue to the judge to reduce or even dismiss a reckless driving charge. You’ll want to talk with an attorney about the ones that apply to your unique case, but a few general guidelines are:

 *  Good driving record

 *  Speedometer reading incorrectly

 *  Radar calibration issues

 *  Legitimate emergency

There are many other factors that can play into some specific types of reckless driving charges. And your attorney might be able to further lessen your potential punishment. You might need to take several steps in advance to help properly prepare your case for court:

 *  Get a copy of your driving record 

 *  Have your speedometer calibrated.  Take pictures of the area.  Obtain witness statements.

 *  Take a "live" DPS approved  driver education class (normally completed as part of the plea bargain)

 *  As part of a plea bargain if the court allows it then you may complete some community service.

Judicial discretion

The traffic court judges in Tulsa County District Court and the surrounding municipal courts of Tulsa, Bixby, Broken Arrow, Glenpool, Wagoner,  exercise considerable discretion in determining your reckless driving punishment. This means that an attorney can argue for you and possibly reduce your charge or punishment.

Importantly, judges can use their discretion to reduce a reckless driving charge to “carelss driving.” Careless driving is a mere traffic infraction with a fine of no more than $500. Careless driving only carries two DMV points, and it is removed from your  driving record for insurance purposes after three years.  Most importantly if your attorney can obtain a plea bargain agreement to reduce your charge from reckless driving to careless driving, then you would not lose your driver’s license for one (1) year by virtue of a conviction for reckless driving.

 Reducing Points

Points can often be reduced in three ways:

  *  You will have two points removed for each 12 month period in which you do not receive another pointable ticket.

  *  If you go for three consecutive years after your last violation with no violations, all points will be removed from your driving record and you will revert to a clean driving record.

  *  You may also reduce your driving record by two points if you attend traffic school. 

No Work Permit Driver's License for Reckless Driving Convictions in Oklahoma

Aaron’s law, which is a new Oklahoma traffic law that became effective November 1, 2011,  also states that drivers will have their driver’s license suspended for one (1)  year if they are convicted of reckless driving, or failing to obey traffic signs (stop/yield/other) that results in great bodily injury or failing to stop for a school bus loading or unloading children. The suspension of the driver’s license will not be eligible for modification which means there will be no work permit to drive if you get convicted.  If convicted, you would totally lose your drivers license for one (1) year, and your license would be suspended, with no work permit.   You should hire a lawyer for you on this matter to attempt to negotiate a plea bargain to avoid a conviction for the offense charged.

HOW TO OBTAIN YOUR DRIVER’S LICENSE OR WORK PERMIT FOLLOWING A DUI, DRUNK DRIVING, OR APC ARREST

HOW TO OBTAIN YOUR DRIVER’S LICENSE OR WORK PERMIT FOLLOWING A DUI, DRUNK DRIVING, OR APC ARREST

By Glen R. Graham – Criminal Defense Attorney, DUI Lawyer – Tulsa, Broken Arrow, Bixby, Glenpool, Owasso, Sand Springs, Sapulpa, Oklahoma  http://www.glenrgraham.com

The Graham Law Firm – 1612 S. Cincinnati Ave., Tulsa, OK 74119

Phone: 918-583-4621

           NEW NEW NEW  ---> New laws were passed -  you SHOULD request an administative hearing on your driver's license within 15 days of the date of your arrest = new post about the new laws  another Blog RECENTLY POSTED  - new updated material is located at the following:  
http://www.tulsacriminaldefense.blogspot.com/2013/02/a-better-way-to-obtain-drivers-license_21.html        

            NOTICE:  The new department of public safety policy is to treat all requests in the alternative for an administrative hearing or a modified driver’s license (work permit)  as a request for an administrative hearing.   Therefore, within fifteen (15) days from the date of your arrest for a dui or drunk driving or driving under the influence of alcohol or actual physical control of a motor vehicle while under the influence charge - - -   you must make a decision to either:

            WITHIN 15 DAYS FROM THE DATE OF YOUR ARREST: (Either)

            1.  Request a Modified Driver’s License (also called a work permit) and Waive your right to an administrative hearing on your driver’s license.

            - OR –

            2.  Request an Administrative Hearing on your driver’s license and the DPS will then mail you a temporary driver’s license good till the date of the administrative hearing.

            -OR-

            3.  If the 15 days since your arrest has already elapsed, then you have automatically WAIVED your right to an administrative hearing on your driver’s license but you can still get a temporary driver’s license by following correct DPS procedures  for a temporary modified driver’s license (also called a work permit) which an attorney can explain to you (but which may require installation of an ignition interlock device in your vehicle at a costs of $76 per month)

            I  can  assist you in requesting in the modified driver’s license permit to drive  or  the administrative hearing on your driver's license.  We can send a letter to the Oklahoma Department of Public Safety  (by fax)  and they have to receive it within 15 days of the date of your arrest (not just mailed but actually received).  There are no extensions of time and it is a flat 15 days including counting weekends and counting holidays.  If the final day for receipt falls on a holiday or weekend then it is extended to the following Monday or day that they are open, but you should not wait till the last minute to send them the letter.  If you are here in my office, then I can assist you in faxing this request today.

            In response to your letter, the Department of Public Safety will mail you a letter in about  5 to 6  weeks:

            Under Option One (1) which is waiving the administrative hearing:  

In response to your letter, the Dept. of Public Safety will mail you a letter in about 5-6 weeks.  It will say that you have thirty (30) days from the date of their letter to do the following:

1.     Go to the local office for the Department of Public Safety Office which is located at 14002 E. 21^st  Street (Old Eastland Mall Complex - Lower Level) in Tulsa, Oklahoma  - Located at approximately  21^st Street and 145^th E. Ave.  (Open Monday to Friday from 8 am to 4 pm)

2.     Pay them a fee of $175 dollars in form of a money order or cashier’s check  for a temporary drivers license fee.

3.     Have installed in your vehicle an interlock ignition device that you blow into to start your car and blow into about every  15 to 30 minutes.  It costs about $75 dollars per month plus either an installation fee of $75 or a removal fee of about $75.   The DPS  will  require an original installation certificate for proof of the interlock.

4.     Provide proof of current insurance.

5.     Completion of the APPLICATION FORM  FOR A MODIFIED DRIVERS LICENSE.

6.     IF  BUT ONLY IF YOU ARE DRIVING AN EMPLOYERS VEHICLE then they want an affidavit from the employer.

7.     You will be required to surrender all proof of driving privileges – such as any letters to drive on or any new drivers licenses that you may have obtained. And the DPS issues you a new photo id drivers license with interlock required notation on it.

Normally on your first (1^st)  DUI or APC offense or arrest, the period of time is usually six (6) months, unless your breath result was .15 or  higher or you refused to take the test. 

 1^st One Below .15 = Interlock for 6 months temp license.  (Above .08 below .15) 

 1^st One:  But, if your result was  .15 or more  or  if you refused the test then interlock for 24 months.  (6 months temporary plus 18 months regular license)

 On All - DUI 2^nd = requires interlock for 1 year during the modification period and for 4 years after that  (total of 5 years) (*APPLIES to ALL DUI 2^nd Arrests)

On All – DUI 3^rd = requires interlock for 3 years modified license plus for an additional 5 years after that for a total of 8 years.

            In response to the letter to them they send you a letter in about 5-6 weeks.

You only have thirty (30) days from the date of their letter offering you a modified drivers license to complete the requirements and go to the DPS office at 21^st & 145^th E. Ave.   

            Under Option Two (2) which is Requesting an Administrative Hearing:   You can choose to have an administrative hearing  by sending a letter to them telling them that  you want the hearing WITHIN 15 DAYS OF THE DATE OF YOUR ARREST.

Again - initially you only have 15 days from the date of your arrest  to make the request, but if it is a response to their letter then you have 30 days from the date of their letter.   You will need and should hire an attorney to appear at the administrative hearing.   My fee is negotiable.

If you win the DPS hearing then you do NOT have to have an interlock device installed in your vehicle.   It is very difficult to win a DPS license administrative hearing because it is a civil administrative proceeding and not a court hearing.  Hearsay is admissible and the hearing judge is a DPS official and not a district court judge.  It would be similar to having the Chief Law Enforcement Officer or chief of police listen to the evidence to decide if correct procedures were followed and if you should lose your license.  An administrative hearing is not held in a court room and court rules do not apply.  It is governed by administrative hearing rules, not court rules.

It is  very important to note that by having an administrative hearing, you could gain insight into what mistakes if any that the officer may have made in your case but if you lose the administrative hearing then to keep a license you have to appeal which costs more money.  If you lose the administrative hearing then you have 30 days to appeal the matter to the district court which requires payment of additional monies.

          Pay Attorney fees of for admin hearing                     $Negotiable

            Pay Appeal Court Costs of About                            $148.00

            Pay Appeal Cash Bond Fee of                                 $250.00

            Pay Attorney fees for Appeal/Petition/Order             $Negotiable

                                                                        TOTAL:    $398 plus Negotiable Attorney Fees

            IF YOU CHOSE TO WAIVE THE DPS HEARING THEN YOU SAVE THIS MONEY AND NOT HAVE TO PAY THIS ADDITIONAL MONEY.   HOWEVER,  THEN THE DPS requires you to pay them the $175 fee and to have a interlock installed in your vehicle for $76 per month.   However,  if you won the DPS hearing then you could avoid having the interlock device installed in your vehicle unless you got convicted of the offense.

You do not have to appeal – You could choose to agree to a modified license with an interlock device in PLACE of the administrative hearing.   Or,  you can lose your license instead by not doing anything, but the only way to keep a license is to appeal if you choose to have an administrative hearing but if you choose to waive the hearing and pay for the modified license in place of a hearing then you DO NOT HAVE TO APPEAL because you did not have a hearing.  

Lastly, you do not have to have a hearing.  In most cases, you can waive your right to an administrative hearing and  pay for a temporary drivers license  and interlock device  in place of an administrative hearing = it is usually cheaper not to have a hearing.

It is also important to note that if you get convicted of a driving under the influence case, then the department of public safety may suspend your driver's license   by virtue of receiving a conviction for a dui   separately from the administrative hearing -  which means that even if you win the administrative hearing that the department of public safety may suspend you driver’s license but if you agree to a modified driver’s license  in place of the hearing then you would not lose you driving privilege if you were convicted of the DUI.

In other words - even if you win a DPS hearing - you would lose your driver’s license if you got a DUI or APC conviction in criminal court on the matter.  However, if you got a deferred sentence which is not a conviction or if you got the matter reduced to a lesser offense, then you did not get a “conviction” in court for the offense, and you do not lose your license by virtue of a conviction.

Tips on Going to Criminal Court in Tulsa, Bixby, Broken Arrow, Glenpool, Others

Tips on Going to Criminal Court in Tulsa, Bixby, Broken Arrow,

Glenpool, and Others.

By Glen R. Graham, Criminal Defense Attorney, Tulsa, Oklahoma

Phone: 918-583-4621   http://www.glenrgraham.com

Here are the things you can do to help yourself in any criminal court case or traffic case or drunk driving, dui, dwi, reckless driving, possession of marijuana, or drug charges in any court:

You are going to need a criminal defense attorney so go ahead and contact a good criminal defense attorney in Tulsa, Oklahoma.  My information is listed above.  A good criminal defense attorney can provide you with solid legal advice and obtain copies of the police report in your case and investigate your case for any flaws or mistakes  and file appropriate motions to suppress evidence and request for discovery.  Also, an attorney can help you obtain a temporary drivers license.  Some judges may require you to submit to a urine test for drugs at the court house if you are on probation and have an application to revoke or accelerate your probation to see if you violated probation.   This might be a good reason not to post bond on an application to revoke or accelerate probation because the judge will not do a drug test on you if you are in custody.  Some judges may require you to pass a urine test for drugs before they will consider allowing you to have probation and some judges will require you to have a drug and alcohol assessment before granting probation.

Bring the proper documentation

During your court trial, you or your attorney will have the opportunity to explain the facts of your case to the judge.   If you have proof of insurance or any relevant documentation, then you should provide it to your attorney.  You may want to obtain a drug and alcohol assessment.  In some cases, you may have medical or mental reports which might lessen the severity of the punishment and you should provide your attorney with copies of these reports.

Do not be late to court and do not miss a court date

Be on time to court. Leave early. There is limited parking space around the court house. Also, there is a lot of road construction going on right now which can cause you to be delayed. If you are reading this blog, then you should be able to use either mapquest or the google maps function to pull up the directions to the court house in Tulsa, Oklahoma, or other court houses. The address to the Tulsa County Court House is 500 S. Denver Ave., Tulsa, Oklahoma. Next door is the court for the municipal court of the city of Tulsa. The address of the Municipal Court - City of Tulsa is 600 Civic Center, Tulsa, Oklahoma. Do not miss a court date.  In a criminal case, not appearing for court may result in the court issuing a bench warrant for your arrest and may result in the suspension of your drivers license. You may also be held in contempt of court and/or prosecuted for jumping bond.

Go to the correct courtroom

Make sure you know which court you must appear in.  You can ask the information desk or the guard at the metal detector for directions.  You should find out the location and directions to the court house ahead of time so that you will not be late to court.

Dress appropriately

You should try to dress like you are innocent or at least show proper respect to the court.  You may not be allowed to enter certain court rooms if you are in SHORTS or TANK TOPS or SWIMSUITS or inappropriate attire.  Non-prescription dark glasses and hats must be removed once you enter the courtrooms.

Proper conduct is important

Please turn off your cellular phones and other electronic devices while inside the court room.  Your cell phone may be confiscated if it goes off inside the court room.  Smoking is not allowed in any public area of the court buildings. When court is in session, you should refrain from reading, talking, chewing gum, listening to personal radios, making distracting noises or any other inappropriate conduct.   The walls have ears and your voice may echo in the hallways which have no carpeting and your conversations may be over-heard by other people who you may not want to hear your conversation.

Several of the court buildings have metal detectors at their entrances

The purpose of the metal detectors is to provide protection for the public and court personnel. Any object which could be classified as illegal contraband such as illegal drugs or paraphernalia or  weapons, including pocketknives, cannot be brought into the building and will be confiscated by the Sheriff's Office until you leave the building.  Illegal weapons and/or drugs will be confiscated.

Phone calls may be recorded and you should always lock your cell phone

It is common practice now for all of the jails to record all conversations between the inmate and anyone else and this evidence may be used in court.  Your cell phone contains your personal information and you should have it locked with a secret password and never divulge this password to any law enforcement officer.  It is very common now to have the victim to call the suspect and to secretly record the conversation with the suspect.  Never admit to anything over the telephone with anyone.  Assume the telephone call is being secretly recorded.

How to Win Your Criminal Case?

How to Win Your Criminal Case

By Glen R., Graham, Attorney at Law, Tulsa, Oklahoma http://www.glenrgraham.com

Criminal Defense Attorney Tulsa, OK  Phone:  918-583-4621

      Each criminal case is different but you normally start by hiring an attorney.  How you choose the right attorney says alot about you.  To properly research the attorney you are going to hire, you will want to know certain information.  People assume that the lawyer with a nice advertisement is experienced and has been practicing law for many years  able to go to jury trial on their case if they need the lawyer to go to trial.  This is not true.  Some lawyers will openly tell you that they do not go to trial on cases and some lawyers will withdraw in your case if you request a jury trial.  You need to ask the lawyer before you hire them if they are willing and able to try your case, if you need a jury trial.  Some lawyers have certain disabilities that may prevent them from doing a jury trial.  You should meet the lawyer in person in their office before you hire them so that you can determine for yourself if that is the right lawyer for your case.  Some lawyers want to meet you on the spare of the moment at the court house and then you may feel pressure to hire them because you did not take the time to shop around for the best lawyer for your case. When hiring a lawyer you are hiring someone to represent you in court and this is a very personal and extremely important matter and your freedom may depend upon the quality of the attorney that you employ.

      There are many new lawyers who have only been practicing law a few months or a year or so and some have never gone to jury trial on a case.  Some lawyers will not tell you this information unless you specifically ask:  When were you admitted to practice law?  How many jury trials have you done?  If you are good at using a search engine like http://www.google.com or http://www.yahoo.com then you could research the criminal defense attorney to see what the date of admission to practice law and information concerning jury trials or other information about the lawyer.   Some former prosecutors seem to secretly want to go back to being prosecutors and do not join any of the criminal defense organizations dedicated to defending people such as the Tulsa Criminal Defense Lawyers Association, the Oklahoma Criminal Defense Lawyers Association, or the National Association of Criminal Defense Lawyers.  Some lawyers are not members of the better business bureau and do not respond to criticism or do not properly respond to client needs.  Some lawyers will not help you obtain a drivers license when you have a dui case and do not advise you regarding license matters on dui cases.  I will do my best to advise and assist you in regard to your license matter on dui cases.

I have practiced law for over 25 years, I am a member of criminal defense organizations, and I have never been a prosecutor, and I am a member of the better business bureau, although I would prefer clients communicate directly with me at (918) 583-4621 or email: tulsacriminaldefenseattorney@yahoo.com  or otherwise and my website is http://www.glenrgraham.com

Funny Lawyer Ads

Funny Lawyer Ads

by Glen R. Graham, Attorney at Law, Tulsa, OK  (918) 583-4621

     As an attorney with over 25 years experience practicing law, I have seen some funny advertisements for lawyers or by lawyers.  I have laughed at the humor and sometimes shook my head in disbelief!  Lawyers are like cats and very independent and sometimes playful, funny, and/or serious.  Their ads are amusing and funny and full of marketing pitches.

     Some advertisements by lawyers say the lawyer is "honest and aggressive."  Don't most people assume that the lawyer is "honest?" Have the reputations of lawyers sunk so low that now lawyers have to advertise that they are "honest?"  Is it really a selling point or good marketing strategy to claim to be more "honest" than other lawyers?  Indirectly, is the lawyer thereby indicating that other lawyers are not honest?  Does such advertising indirectly perpetuate negative stereo-types and diminish the image of the profession?

     Aggressiveness in a lawyer is not necessarily a good quality either.  I think intelligence and firmness  or strength of spirit might be more important qualities than "aggressiveness."  Yet, some lawyers advertise that they are "aggressive" as if to imply that other lawyers are wishy-washy unprincipled fools who do not have the strength of their convictions to stand up for what they believe.  Lawyers advertising "aggressiveness" often do not define by what they mean by aggression.  Does aggressiveness imply that they are disrespectful to Judges and other attorneys and to their own clients?  It makes you wonder, doesn't it?

     What qualities should people seek in a good lawyer?  Intelligence, friendliness, ability to communicate effectively, experience, knowledge of the law, compassion, technical and professional competence, reputation, trial experience, negotiation skills, eye contact, personal and professional qualities that produce good results, other factors?  Shouldn't a person have a right to expect that their lawyer is "honest" without the lawyer advertising that he or she is "honest?"  

     What does the advertisement by the lawyer indirectly say about that lawyer's own attitudes?

Buyer Beware - Lawyer Advertising and Letters by Criminal Defense Attorneys in Tulsa, Oklahoma

BUYER BEWARE - LAWYER ADVERTISING AND LETTERS BY CRIMINAL DEFENSE ATTORNEYS IN TULSA, OKLAHOMA

by Glen R. Graham - Criminal Defense Attorney, Tulsa, OK

http://www.glenrgraham.com

Phone (918) 583-4621  or (918) 260-8184          

        It is now common practice for some lawyers to mail advertisements to people who have been arrested.  Some of the letters proclaim how much the lawyer CARES!!! Does the lawyer imply that other lawyers don’t care and that they are the only ones who care?  That is not true.  Why does anyone need to say they care if they really care?   Some letters are from lawyers that are relatively new to the practice of criminal law, but they have decided to switch from a civil practice to a criminal practice even though they have never tried a criminal case.  Some of the letters are from lawyers who will not state that they have only been practicing law a few months or a year or two. 

        If the letter fails to state length of practice – BUYER BEWARE!!!  Some letters are from lawyers who are not in the phone book and not on the Internet – BUYER BEWARE!!! Too many letters are from lawyers who do not have a real personal office and use conference rooms to meet people or try to meet you in the hallway at the court house or at a restaurant.  Super cheap lawyers making outrageous extreme promises  cannot  deliver.  A long time ago, some lawyers told stories about people sharing a phone booth for a telephone and now the modern equivalent would be five to twenty lawyers sharing a small office space and conference room or not even having an office and just meeting people in court.  There is a movie called the "Lincoln Lawyer" about a lawyer who meets his clients in his lincoln automobile and has a chaufer.  An office may not be a necessity but it is more professional and most people expect a good lawyer to have an office.

        In response to mail out letters, some lawyers have chosen to respond with their own mail-out advertisement advising the potential client of the questionable practice of hiring someone based on an advertisement without doing any kind of research on that person.  Hiring an attorney with no phone in the phone book who has never tried a case or has only tried one case could be a costly mistake!  You should always do some kind of research before hiring anyone!  Buyer beware!!!
        I have practiced law for over 25 years and I have handled  numerous Misdemeanor – Felony cases.  If you are charged with a criminal offense, you should hire an experienced lawyer as soon as possible to protect your rights.    I  offer  some  Payment  Plans   or  Visa / Master Charge.   I am an honest attorney and a member of the Tulsa Better Business Bureau (BBB)  and  I will work hard to keep you out of jail and to win your case or get the best deal available.  I have the experience to aggressively fight your case all the way through trial or to obtain the best plea bargain.

          Some  people  spend  more time shopping for groceries than they do     picking an attorney! Meeting a total stranger at the court house and   handing them money to represent you is not the best way to hire an       attorney.  A real lawyer should want to meet you in their  real private office. 

IF  IT  SOUNDS   TOO   GOOD  TO  BE  TRUE  -  BUYER   BEWARE!!!

Super cheap lawyers that  make  outrageous extreme promises  cannot deliver on their false promises and extreme lies.

Some lawyers may not be able to try your case because of many issues and you need to carefully consider which lawyer you hire.  You want a lawyer to finish your case and not withdraw using some made up excuse or who has problems.

          Some lawyers have serious personal  problems and if you met them in person before the court date, you might not hire them, so they try to meet you in court so you are stuck with them!  You should  meet a REAL lawyer before the court date in their REAL OFFICE if they have one?  Blind dates seldom work out.

          Who has the right mind set to represent defendants  -  Defense Attorneys  or  Prosecutors?  A former prosecutor who has decided to do a 180 degree change in philosophy and to go from incarcerating people and putting people in jail to now attempting to defend people is making a giant leap in mental attitude.  You need a Defense Attorney to defend you and not a prosecutor!  Does the so called defense attorney belong to any of the major organizations committed to defending people such as the National Association of Criminal Defense Lawyers (NACDL),  Oklahoma Criminal Defense Lawyers Association (OCDLA),  and the Tulsa Criminal Defense Lawyers Association (TCDLA).   Some criminal attorneys or former prosecutors do not join criminal defense organizations or will not participate.  

          Is the lawyer a member of the Better Business Bureau? (BBB)    I  am.

          Some bondsman may refer people to specific attorneys for super quick guilty pleas  so they can write another bond and you should be careful about any referrals.

          My fee on any case is negotiable and it is based upon the amount of time and work and other factors.   You need  direct  honest  answers, give me a call so we can schedule an appointment for you to come to my office at  (918)  583-4621  or  (918) 260-8184

If you find anything in this communication to be inaccurate or misleading, you may report the same by writing to the General Counsel of the Oklahoma Bar Assoc., PO Box 53036, Oklahoma City, OK 73152 or by calling 1-800-522-8065.