CASE DISMISSED!

Not a bad outcome in Noble County District Court last week . . ..  Client with a CDL had DUI there.  He took a test and had a test result of WAY over the .08% minimum level.  However, the test is inadmissible because the maintenance on the machine was not done in accordance with the Rules AND recent caselaw.  He was proactive and completed an assessment and all of the requirements therefrom.  I presented proof of his efforts to the ADA.  I showed the ADA the problem with the breath test.  To his credit as a reasonable and honorable prosecutor, he took all this into consideration and (to my surprise), he dismissed the case in open court.  This means that my client’s CDL did NOT end up being disqualified.  When his license hearing is conducted, the revocation due to the test will be set aside.  His livelihood is, and will be, protected.  He was more than pleased.

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.okla-dui.com
www.dui-help-oklahoma.com

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 thru 2015 ed(s).
AND
Lawyer of the Year, Best Lawyers in America, 2014-2015
AND
Oklahoma‘s First Regent (retired) for the National College for DUI Defense

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

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In our house, we are making the last minute preparations: the

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It’s an infection caused by the candida fungus, which is yeast

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Those two “Lulu” plays, Earth Spirit (1895) and Pandora’s Box (1904), were originally conceived of as a single work. Called a “monster tragedy,” the Lulu plays tell the story of an alluring, somewhat petulant show girl who rises in society through her relationships with wealthy, lustful men like “moths around a flame.” Eventually, after a series of unfortunate events, she falls into poverty and prostitution. The play’s frank depiction of sexuality and violence, including lesbianism, murder and an encounter with Jack the Ripper, pushed the boundaries of what was then considered acceptable literature..

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CBC Hamilton introduces you to one of each

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Our dress is a way to submit to him

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If the parents are to blame how can this be? How can 2 kids who live the exact same childhood end up so differently, if it just up to who raised them? Because it is NOT THE PARENTS who decide the future of their children. Each person is unique and will choose their own path. The best one can hope for is that their children make educated decisions.

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DUI Roadblocks this Saturday in Oklahoma County

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.

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

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“.

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What would the Founding Fathers say?

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

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More on forced blood draws

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

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

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.

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