Tulsa Criminal Defense Attorney | Reckless Driving Lawyer | Cale Law Office
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If you’ve been charged with a crime, you need to call Tulsa criminal defense attorney Stephen Cale at 918-277-4800. Your initial consultation with the Cale Law Office is free. Attorney Stephen Cale has been practicing for nearly two decades. His practice focuses on criminal defense.

Anyone who drives a vehicle in a careless or want to matter without regard for the safety of persons or property is deemed to be driving in a reckless manner. Every person convicted of reckless driving shall be punished upon a first conviction by imprisonment for 5 to 90 days or by fine of $100-$500. For second offense, the punishment is 10 to 6 months in the county jail or a fine of $150-$1000. Prosecutors try the defendant with unlawful possession of marijuana. The jury set punishment at one year the county jail. The defendant appealed. Here’s a summary the case.

The officer testified that he and another officer on patrol when I stopped the vehicle because it was crossing over us in a median. The officer approached the vehicle from the passenger side while another officer approached from the driver side. The defendant was seated on the driver side and his wife was sitting next to him. The officer observed the wife attempting to hide a half filled whiskey bottle of the front seat. The officer or the wife to step of the vehicle. On the other side of vehicle, the defendant emerged.

The officer started questioning him at this time. The officer noticed that a pair of scissors were protruding from the cars ashtray. The officer reached into the vehicle, remove the scissors from the ashtray so what he believed to be the burned remains of a marijuana cigarette sticking to the end. The ulcer search the vehicle discovered a bag of marijuana under the driver side seat. Another officer arrived at the scene and search the vehicle and found another bag of marijuana out of the passenger side of the seat.

On cross-examination, the witness said that he and the other officers had first seen the defendant’s a café earlier in the evening. The defendants have been accompanied by for the people in this group left shortly before the officers did. We officers returned to their vehicle, they saw two other car tires have been punctured. We officers admitted that he believed that the defendants may have had knowledge of this incident. Therefore the defendant’s vehicle would have been stopped for question regardless of the traffic violation.

Another officer testified that he was a police officer for about two years. He had been at the café along with the other officers. At the time he saw the defendant long was other other people in the café. Later the officer arrived at the scene with a vehicle the defendant had been stopped. The balance of the witnesses testimony Sicily corroborated the testimony given by the other officer.

One other officer testified as to the discovery marijuana in the vehicle. He then described the chain of custody which the marijuana went through before reaching the state crime laboratory. Yet another officer testified that he was a chemist for the Oklahoma state Bureau of investigation. He was qualified as an expert witness. He testified that he performed chemical analysis of the substances the bags found underneath the front seat of the defendants car. In his opinion the contents the bags in the cigarette on the end of the scissors all contain marijuana.

At this time, the trial court admitted the bags and cigarette as state exhibits. The last witness for the state worked for the Oklahoma state Bureau of investigation. He picked up the states exhibits and delivered them to the crime laboratory. The witness testified that the envelopes were sealed when he picked them up and that he did not open them at a time. At this time, the state rested. The defense then demurrer to the evidence. The judge overruled the demurrer.

The defendant’s witness testified that he was a former police chief and had known the defense personally for about a year. According to this witness, the defense a good reputation for truth of arresting the community. The defendant also testified their behalf. They said that on the evening in question she and her husband bought a car from some friends in the pursuit to the home of friend. Defendant along with another person proceeded to a dance hall. While there, they were joined by two young boys. The party of six them left to go to the café the car driven by somebody else. Tulsa criminal defense attorney Stephen Cale said that a defendant cannot be forced to testify. But, sometimes it is necessary.

The defendant denied any use or knowledge of the marijuana or how can you be found in the bar vehicle. On cross-examination, the witness stated that on the right in question the two young boys priestly mention had admitted to puncturing the tires on the police car. As a rebuttal witness, the state called Thomas. He stated that the defendants let the café the same time as the four other people in the party. On appeal, the defendant asserted that the trial judge should of sustained the motion to suppress the marijuana. The claim that the events leading up to stop the vehicle was part of the subterfuge.

Previous case establishes by the totality of the evidence rather than by the independent factor. The pair for the record that once a purposes of stop is to inquire about the punctured tires. The first note that the officers mainly for the trial and the hearing on defense motion suppressed a that the were looking for particular vehicle documents the vehicle to question them about tires. When they saw the vehicle one of the reasons for the stop was to question them about the damage tires.

From the testimony, it’s apparent that the officers had two reasons for stopped the vehicle. One was to inquire about the damage to the tires. The Oklahoma Court of Criminal Appeals held that the officers have the authority to stop the vehicle make reasonable inquiry of its occupants concerning one knowledge they might have concerning puncturing the tires. Tulsa is also testified as to the defendant’s erratic driving on the highway the Rivera back and forth in the shoulder the room. This was a misdemeanor committed in the present the officers and they had the authority to stop the rest the defendants. If you’ve been arrested, be sure to call Tulsa criminal defense attorney Stephen Cale at 918-277-4800.