Feel free to mix both fresh and frozen fruits

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The typical residency period is 12 months

7 ways you can accidentally become a social outcast

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

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

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when your other income reaches

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

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.

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Oklahoma man accused of driving drunk on tractor

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.

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Roadblocks this 4th of July weekend

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”.  

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The Sifers Defense Firm’s Official Facebook page!

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.

http://www.facebook.com/home.php#!/pages/The-Sifers-Defense-Firm/129450995684

 

Best regards,

Jeff Sifers

 

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If it’s so great, why don’t the cops take the breath test?

Recently, another law enforcement officer got arrested for DUI here in Oklahoma. This post isn’t intended to harp on that. What it IS intended to do is to point out that – AGAIN – when one of the government’s own finds himself in this position, he does NOT submit to that “dependable” and “accurate” breath test machine. Why? Google this question. See if you find ANY cop arrested for DUI anywhere that took the government’s breath test. You won’t find any. So, even with those who claim they were innocent of the allegation, why didn’t they take that test? Because they know that it IS NOT accurate OR dependable. That’s why.

Refuse ALL tests. The field tests. The breath test. The blood test. All tests. Period. 

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”. 

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This weekend . . .

We have had several workers at our home over the past several months, doing various things. Last week, one of them asked me about this weekend and how he could avoid a DUI and what he should do if he is stopped either while driving or at a roadblock. (Oh, and count it: there are going to be roadblocks this weekend!) To those questions, here is the gist of what I responded to that worker at my home.

To avoid a DUI arrest, either don’t drink any alcohol or don’t drive if you do. Seems like a simple answer, but few people do it. The standards of having a designated driver OR planning to stay where you are (friends house, hotel, etc) OR taking a cab always work. However, you will need to plan something IN ADVANCE of the drinking event and be ready to implement that plan. Otherwise, your changes of getting in the car increase.

And that brings up another topic: in the car. Stay OUT of any vehicle after you have drunk any alcoholic beverage until there is someone CLOSER to the steering wheel than you. Otherwise, you are putting yourself in a position to catch an “Actual Physical Control of a motor vehicle while under the influence of alcohol” (APC) crime. The only difference between THAT and a DUI is that your car isn’t moving. It carries the same punishments and problems.

If you ARE driving this weekend and you are stopped OR if you run into a roadblock, remember a VERY important fact: These cops are looking for people to arrest for DUI . . . .period. If it is after dark this weekend, they’re EXPECTING that you are a candidate for that experience. And, when they are talking to you, they are looking for stuff to justify giving you that experience. Don’t help them. Unless you are Ron White or in a similar condition as he describes (“I had the right to remain silent, but didn’t have the ability”), remember you do NOT have to answer those bullshit questions from Officer Friendly. For example:“Where are you going?” Running errands, whatever. It’s your business.

“Where you been?” Tending to my business, how ’bout you?

“Been drinking tonight?” The answer is always NO, whether you have or not.

There are SOME things you have to do, though. For instance, produce your license and insurance. Have these easy to get to. When you are asked to “step out of the car” OR “pull over there please” (in the roadblock instance), you have to do that, too. Understand, you are at this point about to be asked to, OR told to, do field sobriety tests. Pay attention to the next paragraph.

It will start with “I want to see if you are safe to drive . . . . ” prior to the cop asking you to do these exercises. DO NOT AGREE TO DO THEM. You’re gonna fail them. Guaranteed. After all, the test-giver is the test-grader and if you fail he gets a prize of an arrest. Think you’re gonna pass? Me neither. Politely say that you decline to perform those tests. “If you don’t take them, I am going to have to arrest you” or some other threat is proof that he was planning to arrest you ANYWAY, regardless of your performance. Don’t give him any more opportunity to add more to his report. These tests USED to be inadmissible in our courts, but a recent case changed that. Don’t help him and hurt yourself.

If you ARE arrested, shut up and go quietly with him. At this point, you are going to be asked to take SOME test, either a breath of a blood test. My response for the past 20 years to this question had always been take it and demand a blood test thereafter. However, given the current state of topic, I can no longer give that answer. You have the RIGHT to refuse their chemical test. Use it. Refuse to submit to BOTH the field tests and the breath tests.

If ALL this DOES happen, post bond as soon as they will let you and call our office the next day.

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 & 2011eds.

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

 

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

  

 

 

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