Case Results for Tulsa Oklahoma DUI / DWI Lawyer Joseph Norwood

Among the successes Joseph Norwood has had defending his clients are those charged with DUI and DWI. Attorney Norwood has successfully defended DUIs by challenging the methods that the field sobriety tests were given and the method by which the breathalyzer was given. In addition to challenging a DUI on the field sobriety tests and the breathalyzer, a DUI can be challenged on the way that an officer pulled a citizen over. Was a traffic violation actually committed? If not, the officer had no probable cause to have pulled the citizen over and the DUI should be dismissed. Joseph Norwood has successfully defended many DUIs and other criminal charges in these ways.  Here are some of the successes Attorney Norwood has had regarding DUI ‘s ( driving under the influence ) and DWI ‘s ( driving while impaired );

February 2012 Creek County (Sapulpa Division) DUI Dismissed

K.D. was charged with driving under the influence ( DUI ) of alcohol in Creek County after being pulled over by an Oklahoma Highway Patrol Trooper for allegedly running a red light.  Attorney Norwood discovered that during the pullover the Highway Patrol Trooper performed several standard field sobriety tests ( SFST ) that were not approved by the Oklahoma Board of Tests, therefore the Trooper would not be able to testify at trial whether K.D. performed the tests successfully.  Further Attorney Norwood was able to secure the testimoney of several witnesses, that did not want to cooperate, that was very favorable to K.D.  Once the District Attorney realized the problems with the states case the DUI was dismissed.

January 2012 Tulsa County District Court DUI Not Guilty

D.H. was charged with driving under the influence of alcohol ( DUI ).  Since D.H. is a business professional that depends on his drivers license and auto insurance as tools for his profession he could not afford to take a conviction or even be put on probation for D.U.I. due to the affects on his auto insurance and drivers license.  D.H. trusted lawyer Norwood to handle this important matter for him and it paid off.  At a jury trial the Broken Arrow police officer who arrested D.H. was forced to admit to dozens of errors that were uncovered by Attorney Norwood while cross examining the police officer.  The Broken Arrow police officer was a certified instructor in the standard field sobriety tests ( S.F.S.T. ) that were administered to D.H.  Even with the officer being a certified instructor in the standard field sobriety tests ( SFST ) Attorney Norwood was able to discredit the pull over and the administration of the test.  At the jury trial D.H. was found not guilty.  D.H. kept his drivers license, his auto insurance was not affected and he was able to keep his job.

December 2009 Tulsa County District Court DUI Dismissed

J.H. was charged with driving under the influence of alcohol (DUI) in the District Court of Tulsa County.  The state was being unreasonable, as usual, so lawyer Norwood set the case for trial.  Through attorney Norwood’s investigation he was able to determine that the sheriff who arrested J.H. was on vacation when the trial was set.  This means that the state would not be able to have their witnesses at trial.  Lawyer Norwood insisted on the trial going and strenuously objected to any passes so the state had to tell the judge that they were not ready for trial and the case was dismissed.

April 2009 Tulsa County District Court Felony DUI Dismissed and Expunged

H.S. was charged with felony Driving Under the Influence of Alcohol (DUI) with a great bodily injury accident resulting.  H.S. was leaving a popular restaurant/bar area in the greater Tulsa and Jenks area after having had a few drinks with family and friends when she was arrested for the DUI.  The DUI accident occurred after dark when H.S. was turning left and failed to see a motorcycle.  The rider of the motorcycle received significant injuries.  H.S. made the mistake of initially retaining an attorney that did not fight as hard as Joseph Norwood.  After the other attorney waived many of H.S.’s rights she started to figure out that her attorney was not doing a good job and she retained Joseph Norwood.  Lawyer Joseph Norwood entered the case, did an investigation, did research on the applicable law and filed several motions with the Tulsa County District Court to get H.S.’s rights back.  Among the significant errors that H.S.’s prior lawyer made was their failure to make sure the officers that arrested H.S. and administered her breathalyzer for the DUI did their jobs properly.  Attorney Norwood was able to discover that the blood alcohol test was administered outside of the time that is statutorily permitted for a resulting blood alcohol content reading to be admitted into court.  Lawyer Norwood also asked the court to find that H.S.’s prior attorney was ineffective and incompetent.  During that hearing attorney Norwood was able to establish that the blood alcohol test was faulty.  The state of Oklahoma, through the Tulsa County District Attorney’s Office figured out that the case was going south for them and offered H.S. a stellar deal where she would be on a very short unsupervised deferred probation.  H.S. having been facing prison time before jumped on the deal.  The deferred probation time passed quickly and the case was dismissed and expunged off H.S.’s record.

Felony and Misdemeanor DUI

In Oklahoma a person can face a DUI (driving under the influence) or DWI (driving while intoxicated) charge as a felony or a misdemeanor or in State District Court or municipal court. Municipal courts in Oklahoma can only hear criminal misdemeanor DUI and DWI cases. A misdemeanor criminal charge of DUI or DWI is generally defined as a criminal charge that has a maximum sentence of one year in the county or municipal jail. A felony is any criminal charge that has a sentence of one year or more. In the state of Oklahoma the maximum that any person charged with DUI can face is 10 years in the Oklahoma Department of Corrections. In Oklahoma some criminal charges are considered violent or eighty five percenters (85%), meaning that a person must serve eighty five percent of the time sentenced to before being considered for credit time or good time. In Oklahoma a DUI is never the dreaded eighty five percent sentence.

Notification must be made to the Department of Pubic Saftey ( DPS ) within 15 days of being arrested

Besides the criminal issues that a person has to be concerned about when facing a DUI charge, a person also faces issues with their driver’s license. An attorney that knows what to look for and how the Department of Public Safety operates can spare a person from the negative effects of a restricted or suspended driver’s license. Joseph Norwood has worked successfully many times to spare his clients these negative effects. Every person that is facing a challenge by the Department of Public Safety to their driving privileges is entitled to a hearing. For a person to exercise their right to the hearing the DPS must be notified in writing within 15 days of a person being arrested for a DUI.

Expungement

In Oklahoma the blood alcohol content that a person must have to be considered legally drunk, or driving under the influence ( DUI ) is .08. The limit is lower for DWIs. People in their early twenties and teens who are arrested for DUI or DWI can take advantage of the youthful drunk driving program. This allows them the opportunity to have the case expunged off their record when older people may not have that opportunity.

Most people can have an opportunity to have their case expunged. The ways and reasons that this can happen are too numerous to be listed here. A person can have their case expunged after a not guilty, a dismissal in some circumstances or the successful completion of a deferred sentence.

For a free consultation on your situation use our online contact form, call 918.582.6464 or email Joseph Norwood at joe@oklahomaadvocate.com.