Recent Oklahoma DUI Case Wins
The Winning Edge
A majority of cases that the Edge Law Firm defends result in a favorable outcome for our clients such as dismissal or reduction of charges. Thanks to our high percentage of recent case wins, many of our clients are referred to us by friends and family members – and a large number of those referrals even come from other attorneys or police officers.
DUI – Dismissal of Charges
Our client was stopped for allegedly weaving. The officer conducted a brief investigation and arrested the client for driving under the influence (DUI). However, based on our interview during our initial consultation with the client, we had reason to suspect that the arresting officer manufactured the basis for the stop. After obtaining video and arguing the matter to the court, the court agreed that the stop was illegal resulting in a dismissal of charges against our client.
Murder Cold Case – Dismissed
Our client was charged with first-degree murder based solely on DNA evidence roughly 20 years after the alleged crime. Luckily for our client, our attorney Jason Edge had recently spent a week in Boise, Idaho studying DNA evidence. Edge and attorney Melanie Lander investigated and found that there were multiple problems with the DNA test that made it completely unreliable. Based on this, they were able to secure a dismissal for a client who should not have even been arrested on this charge.
Felony Charges – Dismissed
Our client was arrested for assault with a dangerous weapon while wearing a mask. Although these are very serious offenses, during an interview with the client, we became suspicious that the incident had been overcharged. After reviewing the reports and discussing the matter thoroughly with our client, we declined to accept any offers of settlement from the state. The matters were ultimately dismissed against our client.
DUI – Reduced Charges
Our client had a commercial drivers license (CDL), and drove commercially for a living. On the evening of our client’s arrest, however, the client was driving his personal vehicle. Through negotiation with the prosecutor’s office, we were able to obtain a reduction in charges that allowed our client to maintain his CDL and his livelihood.
DUI – Reduced Charges
Our client was stopped for driving erratically. He exited his car to speak with the officers, and, during this conversation, officers developed suspicion that client was intoxicated. They arrested him for DUI. The state filed felony charges due to client’s history of DUI arrests. After reviewing the specific timing of the previous charges as well as the statutes that were in effect at the time, our client pled to the earlier cases. We determined that client’s current charge should be misdemeanor DUI, not felony DUI. We argued this issue successfully to the court resulting in probation for a misdemeanor DUI rather than felony charges.
Drugs and Firearm Charges – Dismissed
Our client was charged with trafficking in heroin and possession of a firearm in commission of a felony. Attorney Jason Edge found that there was a problem with the lab in identifying the drugs, which led to a dismissal of the trafficking charge. Since that charge was dismissed, there was no longer a felony to support “in commission of a felony” and therefore the firearm charge was dismissed as well.
Kidnapping and Domestic Assault – Dismissed
Our client was charged with assaulting and kidnapping his wife. We believed from the start that the charges were false. After months of investigating, we were able to show that in fact the charges were false. Attorney Jason Edge got a dismissal on all charges.
Armed Robbery – Early Release
Our client was charged with two counts of first-degree armed robbery and sentenced to 15 years in prison. Attorney Jason Edge was able to secure an early judicial review, and got the client released after two years. The client has since turned his life around and is working and living with family.
Vandalism – Dismissed
Our client was charged with vandalism of an automobile during an alleged argument with another person. Supposedly, there was video evidence of the entire event. However, attorney Jason Edge discovered that the video (which may have shown innocence on behalf of the client) had been lost. Based on this, we were able to get the charges completely dismissed.
DUI – Trial Win
Our client was charged with misdemeanor DUI, and was adamant from the start that he was innocent. However, he refused to take the state’s breath test. His innocence was proven at trial when attorneys Jason and Bruce Edge secured a not guilty verdict.
DUI – Dismissed
Our client was charged with DUI. Upon investigation, attorney Jason Edge discovered that the arresting officer was outside of his jurisdiction when he made the arrest. This led to the entire charge being dismissed.
Multiple Felony DUI and Drug Charges – Dismissed
Our client was charged with three separate cases within the span of two months including a second felony DUI and possession of a controlled substance. After several rounds of motions to exclude key pieces of evidence, his felony DUI charges were dismissed and refilled as what amounted to a traffic ticket. The client was ordered to pay minimal fines only. His other case including the possession of controlled substance was dismissed after a motion hearing showed that the alleged traffic violations leading to the stop of client were not in fact violations of the law at all, proving that our firm knows the law better than the officers who enforce it.
Firearm Charges – Dismissed
Our client was charged with pointing a firearm from a motor vehicle. By using our private investigator, we were able to prove that not only had the victim misidentified our client and his vehicle, but also the vehicle she did identify belonged to a known violent drug dealer and not our client. The case was dismissed with all costs to the state on the day of trial.
Marijuana and Gun Charges – Dismissed
Our client was charged with cultivation of marijuana, possession with intent to distribute, and possession of a firearm in the commission of a felony. All charges were dismissed with costs to the state at the preliminary hearing when it was shown that the arresting officer engaged in highly illegal actions in relation to the arrest. This officer was himself charged and prosecuted for those actions.
Methamphetamine Charges – Dismissed
Our client was charged with trafficking in methamphetamine. The case was dismissed after the preliminary hearing based on defense motions we filed showing that the state lacked proper jurisdiction over the case.
License Suspension – Case Dismissed
Our client was a passenger in a car that was stopped for a traffic violation. The client was improperly searched and given a ticket. He called the court and was told an attorney was not necessary- he could just pay the ticket. Unfortunately, he was not told that he would later receive notice his driver’s license was suspended. The Edge Law Firm stepped in and strategically came up with a unique solution that had not been quoted in cases since 1958. This included withdrawal of plea, post-conviction relief and a writ of error in coram nobis that led to an incredible win for Edge Law Firm’s client.
Other example case results:
- .17 BAC test: Licenses returned and no alcohol conviction.
- .19 BAC test: License returned and no conviction.
- .19 BAC test with CDL: License returned.
- .26 BAC test: License returned.
- .32 BAC test: Dismissed and license returned.
- .15 BAC, felony with pilot’s license: License returned and case dismissed.
- .21 BAC test with an accident in view of police: Driver’s license returned and no alcohol conviction.
- Under 21, second case and an accident: License returned and case dismissed.
- Under 21, .11 BAC test: License returned and no conviction.
- Under 21 student with BAC over the legal limit: No conviction and no loss of license.
- Under 21 student involved in an accident with injuries and a BAC over the legal limit: No conviction and no loss of license.
- DUI accident: Not guilty and license returned.
- Tulsa felony DUI: Case dismissed.
- Oklahoma felony DUI: License returned and reduced to reckless driving.
- Four DUI arrests in 1.5 years: Driver’s license returned and no alcohol convictions.
- Former law enforcement officer with two DUI’s in six months: Dismissed and license returned.
- Two counts of vehicular manslaughter: Not Guilty.
- First-degree vehicular homicide where deceased was in a wheelchair and a blood test found two illegal drugs: Not guilty.
Appellate Decision Cases
Hunsucker, Edge v. Fallin, 2017 OK 100 – Challenge to the passage of Senate Bill 643 passed during the 2017 Legislative Session as being unconstitutional for violating single subject and due process rights of license holders by requiring destruction of license without a hearing. SB 643 completely restructured Oklahoma’s DUI laws. Supreme Court held oral arguments in the case, and later ruled that SB 643 was unconstitutional.
Kelly v. DPS, 2015 OK CIV APP 60 – Ruled that District Court erred in sustaining the revocation of driver’s license where officer did not testify as to the contents of the implied consent advisor, and the DPS attorney did not introduce a copy of the advisory into evidence.
Shoptaw v. DPS, 2016 OK CIV APP 32 (Cert Denied – Approved for Publication by Supreme Court and accorded precedential value) – Ruled that supplemental sworn reports used by DPS in an attempt to correct the sworn report issues were not valid as it did not contain a notice of revocation given to the license holder.
Sample v. DPS, 2016 OK CIV APP 62 (Cert Denied) – Ruled that Oklahoma Board of Tests did not properly promulgate the breath simulator by administrative rule, and improperly delegated authority to Board Director to approve mouthpieces. Results in thousands of revocations being set aside.
Adams, Lee, Kraus, Douglas, Jump, Gattis, Dunn, and Jones v. DPS – These were 8 of 24 total cases on appeal that dealt with DPS’ denial of a speedy hearing. The Court ruled that DPS had violated the due process rights of the license holders by taking anywhere from 9-24 months to hold administrative hearings. These cases laid the groundwork for the Nielsen case in which the Supreme Court gave a bright line rule of 60 days to hold hearings.
District Court Wins
- Won case challenging the Board of Tests promulgation of emergency rules in October 2016. District Court ruled the emergency rules were invalid as BOT did not give notice to the Oklahoma Secretary of State of the Special Meeting as required by law. Case is currently on appeal to the Oklahoma Supreme Court.
- Won several cases where DPS attempted to enforce the Erin Swezey interlock requirements after the law changed on November 1, 2019 removing the requirements from the law. Courts held it was not the law in effect at the time the person was revoked, but the law in effect at the time the person sought reinstatement, which in these cases was after November 2019. As a result DPS did not appeal, and ceased enforcement of the old law.
- Won case where DPS could not prove the person who drew blood in the case was properly approved by the Board of Tests.
- Won case where the affidavit DPS had in its possession was not signed by the officer, and DPS had the officer sign the affidavit mere moments before the court appeal. Court would not allow the affidavit into evidence.
- Won case where DPS could not prove that OSBI was accredited by ASCLAD as required by law. This later resulted in DPS setting aside a number of blood test cases prior to hearing.
- Won case where client was an out of state license holder. Officer had read implied consent advisory advising DPS was going to revoke clients driver’s license but the statute required that he be notified DPS was going to revoke his driving privilege. Was able to show Court that DPS had no authority to revoke an out of state driver’s license, but rather an instate driving privilege. The notice the officer read did not comply with the law.
- Won case where officer stopped vehicle for failing to signal right hand turn. Was able to show court that client was in a right hand turn only lane, and there was no other traffic around that could be affected by failure to signal. Court found the stop was unlawful.
- Won case where officer stopped vehicle for failing to stop behind the white stop line at intersection. Was able to show Court that the stop line and where the car actually came to rest were outside the officer’s jurisdiction. Court ruled the stop was unlawful.
- Won case where officer stopped vehicle for turning around in the parking lot of a closed business late at night. Was able to show Court that location is a street that dead ends in the parking lot and there are no signs showing a dead end and no outlet. A person would not realize this until the enter the parking lot and turn around. Court held the stop was unlawful.
- Won case were DPS could not show a blood draw was done in accordance with Board of Test rules. Rules required that the prep site for the blood draw be prepared using a non-alcohol solution. Nurse testified he did not use anything to prep the draw site due to issues of using alcohol swabs. Argued to court the rule required prep, just couldn’t use alcohol and nurse did not prep the site. Court found this did not comply with the rules.
- Won numerous cases where I was able to show that the officer was outside his/her jurisdiction when they made the stop and/or arrest.
- Won numerous cases where the officer failed to follow the breath testing rules by either not checking the mouth for foreign substances, or failure to do a proper deprivation period.
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