Oklahoma DUI Blog

DUI Roadblocks this Saturday in Oklahoma County

August 23rd, 2013

The government is going to have another DUI Roadblock in Oklahoma County this Saturday night.  So, here are a few things that I would tell my clients to remember when they are out this weekend: 

 - Be sure to have your license and insurance up to date

 - Do not submit to any field sobriety test – refuse to do it

 - Do NOT blow into to any breath machine AT THE ROADBLOCK

 - DO agree to submit to the breath test AT THE JAIL

 - Immediately request a BLOOD test AFTER you finish the breath test at the jail

 - Record the whole damn thing on your Iphone, if you can.

And last . . . . ,

Call me Monday morning if you get arrested.

Charles L. Sifers
Oklahomas First Attorney Board Certified
in DUI Defense by National College for DUI Defense
(NCDD) under American Bar Association (ABA) Guidelines

AND

Best Lawyers in America in DUI/DWI Defense Specialty, 2010 thru 2014 ed(s).

AND

Oklahoma‘s First Regent (retired) for the National College for DUI Defense

Charles L. Sifers,

Attorney at Law
401 N. Hudson, 2nd floor
Oklahoma City, OK 73102
office – 405-232-3388
fax – 405-232-5144
email -

charles@siferslaw.com
web(s) –
www.oklahomaduilaw.com
www.okla-dui.com
www.dui-help-oklahoma.com
www.oklahoma-dui.com

The People should NOT be afraid of the Government. The Government should be afraid of the People.

Then they came for me, and there was no one left to speak for me . . .

July 31st, 2013

Hopefully, some of you saw the story tonight at 6pm on KFOR on the OHP’s goal to remove your right to refuse a test and to forcibly – hold you down and bleed you – withdraw blood from you.  If you didn’t, here it is:   (Click HERE)  Our OHP captain’s statement in this story that the statute I quoted did NOT apply to him is a perfect example of the “warrior cop” attitude in our country.  For the sake of the protection of the public, the laws protecting individuals do not apply to us.  Of course, he’s wrong.  Well, unless that is, you let him and any other law enforcement persons get by with it. 

All this reminds me of Martin Niemoller.  You have probably never heard of this German pastor in Nazi Germany just prior to the second world war.  Most people haven’t.  But you have probably heard parts – or various modifications – of his poem: 

First they came for the communists,and I didn’t speak out because I wasn’t a communist.

Then they came for the socialists,
and I didn’t speak out because I wasn’t a socialist.           

Then they came for the trade unionists,
and I didn’t speak out because I wasn’t a trade unionist.

Then they came for the Jews,
and I didn’t speak out because I wasn’t a Jew.

Then they came for the Catholics,
and I didn’t speak out because I wasn’t a Catholic.

Then they came for me,
and there was no one left to speak for me. 

While all the lawyers I have spoken to about this topic – as well as ME -  will be fighting this with everything we’ve got, YOU – the public – must NOT set silently on the sidelines.  Speak up.  Otherwise, YOU might find yourself on the receiving end of a needle.  Remember: all they have to do is CLAIM your impaired – whether you are or not – and you are a candidate.

Charles L. Sifers

Oklahoma‘s First Attorney Board Certified
in DUI Defense by National College for DUI Defense
(NCDD) under American Bar Association (ABA) Guidelines

AND

Best Lawyers in America in DUI/DWI Defense Specialty, 2010, 2011, 2012, 2013, & 2014 ed(s).

AND

Oklahoma‘s First  Regent (retired) for the National College for DUI Defense

401 N. Hudson, 2nd Floor
Oklahoma City, OK 73102
office – 405-232-3388
fax – 405-232-5144
email -charles@siferslaw.com
web(s) – www.oklahomaduilaw.com
www.okla-dui.com
www.dui-help-oklahoma.com
www.oklahoma-dui.com

“The People should NOT be afraid of the Government. The Government should be afraid of the People“.

What would the Founding Fathers say?

July 3rd, 2013

Sorry.  I can’t let this go.  When I posted my first post today about the government forcibly taking a blood sample from people this weekend, I had NOT seen the story from Atlanta on this topic.  On the weekend designed to commemorate the establishment of this country, the very holiday to celebrate the declaring of our independence from a tryannical government, this is what our government is planning for us?  Wow.  Wouldn’t you love to know what Thomas Jefferson, John Adams, or Benjamin Franklin would have to say about this?  Boy, I would.

 

Charles SIfers

More on forced blood draws

July 3rd, 2013

As a “postscript” to my post of earlier today, go to Lawrence Taylor’s DUI Blog and click here (http://www.duiblog.com/2013/06/29/forced-blood-draws-a-video/) to actually  watch this madness.  It might take the whole topic out of the “abstract” for the viewer.  This apparently was a story from Atlanta.  Larry posted it up, coincidentally, just a few days ago.

 

Charles

No Refusals – Forced blood tests – you okay with that?

July 3rd, 2013

The Oklahoma Highway Patrol announced within the past few days that it will be cracking down on DUI offenders through the 4th holiday (July 4 through 7) within the counties in the southern part of the State.  If what I have heard is correct, such an announcement would be not unusual or particularly noteworthy for this time of year. What IS noteworthy about this one is that I have reason to believe that, through this period of time, arrested persons will NOT allowed to refuse a breath or blood test. In EVERY INSTANCE, if an arrestee refuses the test, the OHP is going to go to a judge and request a warrant to forcibly withdraw blood from that arrestee. Notwithstanding whether they have ever done this before, this is still shocking.

A DUI case certainly CAN be filed and prosecuted to a conviction WITH a refusal and WITHOUT a test. This happens daily in this State. However, Oklahoma’s chemical test statutes specifically allow a person to refuse a test in a DUI arrest. In fact, the language of the statute creates a right of the person to refuse without more. While certainly the state can take action against his license for refusing the test by suspending it, both his right to refuse – and his right to be protected from the government sticking a needle in his arm – is protected by this statute. The language of that statute provides that upon a refusal of any test (breath OR blood), “none shall be given”. (See 47, sec. 753 here). The word “shall” in our statutes has long been recognized by our Appeals Courts as referencing a MANDATORY action. The exception to that right to refuse is in wrecks that result in great bodily injury or death. Absent those two factors, as provided by this statute, the refusal must be honored.

Claims that the U.S. Supreme Court has sanctioned this activity mean little. (See Missouri v. McNeely – here).   That Court sets the boundaries for the minimum individual protection under the U. S. Constitution. The State(s) can make those protections GREATER, but not less, than that boundary. Oklahoma has done that with sec. 753.

Such “no refusal” actions by the government DO NOT occur on a regular basis. These are only done arbitrarily and usually around holiday weekends. This action by the OHP is, then, a blatant, deliberate, malicious, and arbitrary attempt to ignore and circumvent a statutorily provided right of a person. This is yet ANOTHER example of the government ignoring or snatching away personal rights in the name of “protecting us” against an evil. This should cause an uproar. It probably won’t; until that is, the “wrong” person is done this way or until “we” yell loud and long enough.

Charles

Charles L. Sifers

Oklahomas First Attorney Board Certified
in DUI Defense by National College for DUI Defense
(NCDD) under American Bar Association (ABA) Guidelines

AND

Best Lawyers in America in DUI/DWI Defense Specialty, 2010, 2011, 2012, & 2013 ed(s).

AND

Oklahoma‘s First & ONLY
Regent (retired) for the National College for DUI Defense

401 N. Hudson, 2nd Floor
Oklahoma City, OK 73102
office – 405-232-3388
fax – 405-232-5144
email -charles@siferslaw.com
web(s) –
www.oklahomaduilaw.com
www.okla-dui.com
www.dui-help-oklahoma.com
www.oklahoma-dui.com

The People should NOT be afraid of the Government. The Government should be afraid of the People.

A cold ‘hits drivers like four double whiskies’, insurers warn

January 16th, 2012

Read more: http://www.dailymail.co.uk/news/article-2082495/A-cold-hits-drivers-like-double-whiskies-insurers-warn.html#ixzz1jZz4MC1J

Read More: http://www.youngmarmalade.co.uk/news-article/id/40

 

According to a recent UK study by car insurance firm Young Marmalade, drivers who suffer from cold and flu like symptoms can be as ‘impaired’ as persons who have consumed ’4 double whiskeys’.  The researchers warn, “A heavy cold can impair a driver’s mood, concentration and judgement (sic), if you don’t feel well don’t drive.”  All this even without the driver having taken any over the counter medications that could have an effect on their ability to drive.

 

As of right now,Oklahoma’s has no law prohibiting driving under the influence of infection (this is a great title I know, but I can’t claim complete credit – I stole it from a girl I went to high school with).  Fortunately, Oklahoma does not have a catch all definition of impairment that would include sick people – at least not yet (the screws of the law in DUI never seem to go any other direction than tighter though during each legislative session).We do, however, have a statute against driving under the influence of ‘any other intoxicating substance” which could include the over the counter meds that a person might take to make them feel better.  The measurement of these substances has been spoken of in this blog before, and my opinion of our blood testing reporting requirements still haven’t changed.

 

I think that the end result of this study is that it might actually provide a means for a defendant to raise an affirmative defense in their respective cases.  I think that the main benefit to the defendant will be a way to challenge officer opinions and possibly create reasonable doubt in the mind of criminal juries – especially sick ones.

 

Good Luck this New Year to all our readers!

 

Jeff Sifers

Attorney at Law (AKA Lawyer)

siferslawoffice@gmail.com

Standardized Field Sobriety Tests put to the test in California News Story

October 28th, 2011

http://www.ktvu.com/video/29611043/index.html

This is a great news story.  November 1, 2011 Oklahoma law will change and allow any law enforcement person who has received training in field tests to testify as opinion witnesses as to the tests validity.  I’m glad this story spent some time getting the opinion of some real people and what they think of these “tests”.

For those of you who will invest the time to watch the video, make sure you pay attention to the fact that the reporter qualifies the tests by saying that anyone who scores a .00% on a PBT (portable breath test – device) would be released.  It’s important to note that she, although having blown .000, would likely have been arrested by “officer” (and my good friend) Bruce Kapsack based upon his opinion of her performance.  This is hugely important here in Oklahoma because our Board of Tests has yet to officially approve any PBT as a valid, reliable device for roadside testing.

Oklahoma man accused of driving drunk on tractor

October 20th, 2011

Read more: http://newsok.com/oklahoma-man-accused-of-driving-drunk-on-tractor/article/3614956#ixzz1bIRarQ3z

A Sapulpa gentleman, Mr. Ellenburg, was arrested today for operating a tractor on a public roadway while supposedly under the influence of alcohol. The opinion of his impairment came from the arresting officer, at least according to the article, based in large part upon the simple fact that tractor driver smelled of alcohol.

As you might expect, I perhaps read this story very differently from many. You see, while this event probably made a easy day for a beat writer – a relatively funny, interesting, typically Oklahoma story – I’d file a pretty quick motion to dismiss the whole thing. Here’s my reasoning, and granted I could be wrong, but I’m probably not.

Let’s begin at the beginning:

In order to be found guilty of the crime of aggravated DUI in Oklahoma a person must first be proven to have been operating or in actual physical control of a “motor vehicle” under the influence. Basic, right? Rule Number 1 – Numero Uno. One might think that a tractor is obviously a motor vehicle – it moves under it’s own power right? My friends this is Oklahoma, tractors should probably be in our state seal somewhere along with a football – we are an agricultural state – always have been and our laws reflect that. In this news story, as in most issues where proof is important, accepted definitions of what something is (No Bill Clinton jokes here please) really matters:

State Statute tells us:

Title 47. Motor Vehicles
Chapter 1- Definitions of Words and Phrases
Section 1-134 – Motor Vehicle
B. As used in this title, the term “motor vehicle” shall not include:

1. Implements of husbandry, as defined in Section 1-125 of this title;

Now, So we turn our attention to this one:

Title 47. Motor Vehicles
Chapter 1- Definitions of Words and Phrases
Section 1-125 – Implement of Husbandry

Every device, whether it is self-propelled, designed and adapted so as to be used exclusively for agricultural, horticultural or livestock-raising operations and, in either case, not subject to registration if operated upon the highways.

So what we have here, drawing solely from the article (which likely came from the police report or an interview with some police representative with knowledge of the story), is the arrest of a man, on a tractor, who may have had a bit to drink. If you’ve made it to this point in the article, I think it could be argued that Mr. Ellenburg COMMITTED NO CRIME under our current laws. In fairness (I know that my critics will say that fairness is unbecoming in a lawyer, but…), if it were found that the tractor in question was a yard tractor like I have in my shed outside, my discussion of husbandry might be misplaced though someone would have to be pretty convincing to change my mind.

All joking aside, while this news story gained some attention due to its novelty, here’s hoping that Mr. Ellenburg will hires the right lawyer for this case…

Jeff Sifers
Attorney at Law

www.okcduicenter.com
www.15dayclock.com

There really is a Sifers Law Difference in DUI Defense!

Call Us Today!
(405) 232-3384

I hate this part. Here comes the yada, yada, yada:

Disclaimer:

The above should not be considered legal advice and is solely the opinion of the author. The material on this site is made available with the understanding that The Sifers Law Firm is not engaged in providing professional advice to the reader. Before relying on material on the site users should independently verify the accuracy, completeness and relevance for their purposes and should obtain any appropriate professional advice relevant to their particular issue.

Roadblocks this 4th of July weekend

July 3rd, 2011

I read a “news release” last week in some newspaper that there will be “sobriety checkpoints” this weekend, and particularly tonight. These will be in Oklahoma County. Where? The cops’ news release – OF COURSE – did not list the LOCATIONS of these. But they are going to be out there. So, here’s some suggestions for those of you who will have this unpleasant experience.

When you approach these things, you DO have to stop. You do have to show them your license and insurance. If you have neither, don’t be driving.If they make you drive over to another area, you have to.

If they ask you to get out of the car, you have to.

Remember that these cops, when they approach you at these stops, are assuming you are doing something wrong or illegal. Therefore, keep your conversations with them to the minimum. DO NOT tell them you have had anything to drink. You do NOT have to answer that question. Or, you can simply say NO, if you are asked.

You do NOT have to tell them where you are going or where you have been. Don’t answer those questions. Tell them you will answer those questions after you have spoken to your attorney.

However, if they ask you to do some test to “see if you are ok to drive”, you DO NOT have to do it. These field sobriety tests are NOT required. They are subjective, unreliable, and designed for failure. In short, they are crap. If they have reached the point of asking you to do these, they have already decided to arrest you. They are ONLY trying to get additional evidence – albeit subjective, and these tests do NOT indicate whether you are impaired or not – against you to support their arrest. Refuse to take ANY field test.

If you are asked to blow into a breath test AT THE SCENE (usually a hand held device), tell them NO.

Don’t blow into it at the scene.If you ARE arrested, you are going to be asked to take a test at the station, and probably a breath test. So, what do you do?

1. If you have not drunk any alcoholic beverage that evening even if you HAVE been using any other drunks, take the breath test. 2. If you have had 3 or less that evening, take the breath test.HOWEVER, if you DO take the breath test, ask for a BLOOD test IMMEDIATELY after your last blow.

3. If you have drunk more than 3 that evening REFUSE THE TEST.

4. If you have ever been arrested before (if you have drunk ANY that evening), REFUSE THE TEST.

And, last, if you DO get arrested this weekend at a roadblock OR any where, call our office first thing Tuesday morning.

 

Charles

Charles L. Sifers
Oklahoma’s
First Attorney Board Certified
in DUI Defense by National College for DUI Defense
(NCDD) under American Bar Association (ABA) Guidelines

AND

Best Lawyers in America in DUI/DWI Defense Specialty, 2010 & 2011 ed(s).

AND

Oklahoma‘s First & ONLY
Regent (retired) for the National College for DUI Defense

 Sifers & Sifers, Attorneys at Law
Court Plaza Building, Suite 950
228 Robert S. Kerr
Oklahoma City, OK 73102
office – 405-232-3388
fax – 405-232-5144
email – charles@siferslaw.com
web(s) –
www.oklahomaduilaw.com
www.okla-dui.com
www.dui-help-oklahoma.com
www.oklahoma-dui.com

 youtube video 

“The People should NOT be afraid of the Government. The Government should be afraid of the People”.  

The Sifers Defense Firm’s Official Facebook page!

January 20th, 2011

Please head on over to Facebook and come a fan!  Learn about our firm, its attorneys, and the stuff we do to make our firm the best option in Oklahoma DUI defense for our clients.

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Best regards,

Jeff Sifers