Tulsa Criminal Defense Attorney | Aggravated DUI Lawyer | Cale Law Office
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If you’ve been charged with a crime, you need an aggressive Tulsa criminal defense attorney. Call the Cale Law Office at 918-277-4800. Schedule your free initial consultation with attorney Stephen Cale. Attorney Cale has been practicing for nearly two decades and focuses his practice on criminal defense.
The defendant was charged with driving a motor vehicle while under the influence of alcohol aggravated. She also was charged with child neglect and transporting an open container of beer. The judge sustained her demurrer to the evidence has to child neglect. The state appealed the ruling to the District Court. The district court judge affirmed the ruling of the special judge. State appealed. Here are the facts of the case.
The issue on appeal is whether the prosecution presented sufficient evidence to show probable cause that the defendant committed the crime of child neglect. Additionally, the question for the appellate court was whether the defendant should be bound over for the crime of child abuse in the alternative. In December 2017, the defendant was a driver of the car. As an adult passenger in a child. Police stopped the defendant for a traffic violation. The officers testified that preliminary hearing that defendant had slurred speech, bloodshot eyes and an odor coming from her the resembled an alcoholic beverage.
Officers testified that the defendant’s vehicle was suspected of being involved in a hit-and-run accident prior to the stop. Her blood alcohol content tested that .17. Special District Judge and that the state offered no evidence to show that the defendant was related to a child. Specifically, the judge found that there was no evidence that she was a parent or guardian of the child. If you only the person state prove to the relationship the child was a passenger, was the child’s father.
Tulsa criminal defense attorney Stephen Cale that there is a two-part purpose to a preliminary hearing. The purpose is to establish probable cause that a crime was committed and probable cause that the defendant committed the crime. Stemmed from review appeal is whether the evidence, take in the light most favorable to the state, is sufficient to find a felony crime has been committed and that the defendant probably committed the crime. Without an abuse of discretion in reaching that determination, special District Judge’s ruling will remain undisturbed.
In the previous case, the court held that a child neglect this requires a showing that the defendant was a person responsible for child’s health, safety or welfare. That court reached the conclusion by the excluding the then existing child neglect statute from being applied in a manner the legislature clearly did not intend. The court in another case also found the essential element of the then child sexual abuse statute was proof that the defendant was a person responsible the child’s health safety or welfare. The analysis in those cases, however, has been rendered obsolete by later legislative enactments.
When things the constitutes child neglect is failing to protect the child from exposure to driving while intoxicated. The statutes of intent to apply to the defendant is responsible for child’s safety. The fact that the defendant was not the child’s parent is not relevant to the charge held here. Stay present sufficient evidence to show that the defendant is another person who was in control of vehicle. She was intoxicated and driving the vehicle with the child in the backseat.
Child endangerment can also occur when a person knowingly permits a child to be present in the vehicle when the person knows that the operator is intoxicated. Driving while intoxicated can have serious consequences, said Tulsa criminal defense attorney Stephen Cale. If there is a child involved, you can set yourself up for child abuse or child neglect in addition to some kind of intoxication charges.
Tulsa criminal defense attorney Stephen Cale handles all kinds of felony cases. He has even had jury trials concerning murder charges. If you’re looking for aggressive representation, call the Cale Law Office at 918-277-4800. Attorney Cale is well worth the money. It’s important that you give him a call right away.
The defense filed a motion to quash the second page argument that the previous non-DUI related convictions cannot be used to enhance punishment. This is because they did not fall under the statute covering prior convictions. After hearing arguments, the trial court ruled that the non-DUI related prior convictions cannot be used to enhance the punishment for felony DUI and granted the motion to quash. The state appealed.
The Oklahoma Court of Criminal Appeals reversed the trial court ruling. Backspace, saying that the trial court abused its discretion. An abuse of discretion is any unreasonable or arbitrary action taken without proper consideration of Faxon law pertaining to the matter at issue. Is also a clearly erroneous conclusion and judgment, meaning one that is clearly against the logic and the fact of the facts presented. In the previous case the defendant had three prior felony convictions for DUI and three prior felony convictions for non-DUI related offenses. The court held that the state probably used one of the prior DUI conviction is to enhance the charge from a misdemeanor to a felony. The non-DUI related convictions were used to enhance the range of punishment.
Someone has previous convictions within a 10 year period, it can affect what kind sentence a person can get. Typically it makes the sentence longer. However, there are ways to try to get that enhancement dismissed. Call the Cale Law Office right away if you have a prior conviction. You want someone who will give you aggressive legal representation. Attorney Cale has the right kind of experience because he focuses his practice on criminal defense. You don’t want someone who practices in a number of areas because they don’t develop an expertise. Attorney Cale is well worth the money and you should hire him.