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The Law Office of Carlos L. Williams

Criminal Defense

DUI Series; Types Of Field Sobriety Tests

When a person is pulled over by a law enforcement officer in Oklahoma for suspicion of driving under the influence of drugs or alcohol, the officer may order the individual out of the car to perform field sobriety tests. The purpose of field sobriety testing is to allow an officer to observe a suspect’s balance, ability, attention level, and/or other…Read More

Police Searches Without A Warrant; Consent

Under the Fourth Amendment and the Oklahoma Constitution, warrantless searches are per se unreasonable, absent a recognized exception. There are several recognized exceptions, as explored in earlier blog posts on this subject. In this post, we will examine the exception of consent.  A warrantless police intrusion into a protected area is reasonable, and thus constitutionally permissible, if preceded by free and…Read More

New Tulsa County Docket For Probation Violations

New Tulsa County Docket for Probation Violations The Tulsa World recently published a very comprehensive article on the new docket created to help divert nonviolent offenders from prison for probation violations.[1] Judge Drummond will be in charge of the new docket exclusively hearing probation rule violations, which will free up other dockets to focus on public safety issues. When a person…Read More

Leaving The Scene Of An Accident; Oklahoma Traffic Laws

Leaving the Scene of an Accident; Oklahoma Traffic Laws Oklahoma has enacted laws against leaving the scene of an accident, sometimes referred to as a “hit and run” laws. There are essentially three categories of leaving the scene of an accident: Accidents involving non-fatal injury; Accidents involving death; and Accidents involving damage to a vehicle. There is a statutory duty…Read More

STALKING; PROTECTIVE ORDERS IN OKLAHOMA

Stalking; Protective Orders in Oklahoma Protective Orders are orders issued by the court on behalf of a victim of domestic violence. It may order the abuser to move out of a shared home and/or to stop hurting, threatening, stalking and/or harassing the victim. The authority of courts to enter orders of this nature stems from the Oklahoma Protection from Domestic…Read More

Oklahoma CDL Violations; What You Need To Know

A commercial driver’s license (CDL) is a special license issued by the State of Oklahoma that allows an individual to drive certain types of vehicles. Drivers are required to have a CDL in order to drive vehicles over a certain weight, buses, and vehicles containing hazardous materials. In addition to passing certain medical requirements, an individual must pass a comprehensive…Read More

DUI checkpoints function as a general purpose investigatory tactic whereby police can get a close look at passing drivers by detaining them briefly. A roadblock DUI checkpoint is quick, but it gives police a chance to check tags and licenses, while also giving officers a quick whiff of the driver’s breath and a chance to view inside the vehicle for…Read More

driving-while-texting-law-oklahoma

Last week, Governor Mary Fallin signed a measure which will make texting while driving a car in Oklahoma illegal. The law will become effective November 1, 2015. The measure will make it unlawful for any person to operate a motor vehicle on any street or highway within this state while using a hand-held electronic communication device to manually compose, send or read an electronic text…Read More

Supreme Court: Drug Dog Sniffs And The Fourth Amendment

The Fourth Amendment prohibits unreasonable searches and seizures. Under the Fourth Amendment, a traffic stop is considered a seizure. The scope and duration of such a seizure must be related to the stop and must last no longer than necessary to effectuate the stop’s purpose. In a 6-3 decision issued yesterday, the U.S. Supreme Court held that Nebraska police violated…Read More

There is a great deal of attention focused on these matters recently: the police and civil rights. Specifically, when can the police enter your home without a warrant? Under the Fourth Amendment and the Oklahoma Constitution, every search made without a warrant is per se unreasonable, unless its circumstances bring it within one of the few well-defined exceptions of the warrant…Read More

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