DUI Archives - OCCA Opinions

S-2012-719

Post author:Staff
Post published:October 31, 2013
Post category:S

In OCCA case No. S-2012-719, Robert Brooke appealed his conviction for Driving a Motor Vehicle While Under the Influence of Alcohol and Transporting an Open Bottle or Container of Liquor. In an unpublished decision, the court decided to affirm the lower court's order deferring judgment and sentence. One judge dissented. The case began when Robert Brooke was charged with DUI and another alcohol-related offense. He entered a guilty plea but had a disagreement about whether he must serve time in jail or undergo inpatient treatment. The lower court decided to defer his sentencing for five years and found that the law requiring jail time or inpatient treatment was not enforceable in this situation. The state argued that the law clearly required jail time or inpatient treatment since it was Brooke's second DUI-related charge. However, the court explained that since a plea deal did not count as a conviction, the conditions related to jail or treatment did not apply. Instead, they found that Brooke should follow the recommendations given from his alcohol assessment, which included certain programs, rather than being required to serve time. The court looked closely at the wording of the law and decided that the terms about jail time only apply when there is a conviction. Since they did not convict Brooke but only deferred his sentencing, those specific requirements did not apply to him. The court also mentioned that while the law could be seen as constitutional, it did not matter in this case since they determined it was not applicable. Thus, they upheld the lower court's decision, allowing Brooke to complete the programs without being sentenced to time in jail. The final judgment was to affirm the decision of the District Court, allowing Brooke to follow through with the treatment required instead of serving jail time.

F-2008-289

Post author:Staff
Post published:September 3, 2009
Post category:F

In OCCA case No. F-2008-289, the appellant appealed his conviction for unlawful possession of a controlled drug, marijuana, and paraphernalia. In an unpublished decision, the court decided to reverse the termination of the appellant from the Drug Court Program, agreeing that the trial court abused its discretion in the decision, and reinstated the appellant to the Drug Court Program. One judge dissented. The case involved the appellant, who had entered a Drug Court Program after pleading guilty to drug charges. Initially, the appellant struggled with substance abuse but made significant progress over the years, living a more stable life and regaining custody of her children. However, the situation changed when she was arrested for driving under the influence after having two drinks on a night out. At a court hearing, her termination from the Drug Court Program was discussed. Some witnesses testified that the appellant's actions should not classify as a relapse in her recovery process since she had remained sober for over 400 days before the incident. They argued that even though she made a poor choice by drinking and driving, it did not warrant her removal from the program, especially since she showed great progress in her life. However, the court disagreed with the trial judge's decision to terminate the appellant. The appellate court found that the termination was not justified since the overall evidence suggested that the appellant could successfully complete the Drug Court Program despite the DUI incident. The court emphasized the importance of allowing participants ample time to change their behaviors and succeed in treatment. As a result, the appellate court reversed the termination order and instructed the lower court to reinstate the appellant in the Drug Court Program, allowing her to continue working toward completing her treatment plan.

F-2008-963

Post author:Staff
Post published:March 26, 2009
Post category:F

In OCCA case No. F-2008-963, Richard Lloyd VanMeter appealed his conviction for Driving Under the Influence of Intoxicating Liquor-Second Offense and multiple new charges. In an unpublished decision, the court decided to reverse the termination of his participation in the DUI/Drug Court Program and vacate his convictions, instructing to reinstate him in the program based on the conditions of his plea agreement. One judge dissented.

F-2005-859

Post author:Staff
Post published:December 8, 2006
Post category:F

In OCCA case No. F-2005-859, Percy Dewayne Cato appealed his conviction for driving under the influence, driving with a suspended license, and speeding. In an unpublished decision, the court decided to affirm his convictions, but modified one of the fines. One judge dissented. Percy Cato was found guilty by a jury for three different offenses. The first was driving under the influence, which was more serious because he had two previous DUI convictions. The jury gave him a punishment that included time in prison and other conditions like treatment and community service. He was sentenced to a total of four and a half years, with some of that time suspended, meaning he would only serve three years in prison and spend time on probation afterwards. Cato claimed the instructions given to the jury about his previous DUI convictions were wrong, saying they should have been told that one of those convictions couldn't be used to give him a harsher punishment. The court found that this mistake did not harm Cato; he still received a fair punishment based on his actions. He also argued that the way his punishment was split between prison time and treatment violated the law. However, the court ruled that this was okay because the law allows for a mix of punishment and rehabilitation for DUI cases. Cato requested that the jury be told how to consider evidence showing he refused to take a breath or blood test. Although the court said this type of instruction is important, they did not find it necessary in Cato's case because he couldn't prove that it affected the outcome of his trial. In summary, the court upheld the main parts of Cato's punishment while making a small change to one of the fines. The decision was mostly in favor of maintaining his convictions, showing the court believed that the jury's decision was fair and just.

F-2001-1243

Post author:Staff
Post published:December 20, 2002
Post category:F

In OCCA case No. F-2001-1243, Michael Gerald Turner appealed his conviction for multiple crimes. In a published decision, the court decided to affirm some of Turner's convictions and dismiss others. Specifically, the court upheld his convictions for Assault and Battery Upon a Police Officer, Unauthorized Use of a Vehicle, Possession of a Controlled Substance, Driving While Impaired, and Attempted Escape, but reversed and dismissed his convictions for Personal Injury DUI and DUI due to issues with evidence and double jeopardy. One member of the court dissented.

F 2001-171

Post author:Staff
Post published:May 31, 2002
Post category:F

In OCCA case No. F 2001-171, Emily Dowdy appealed her conviction for Manslaughter in the First Degree (DUI). In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Emily Dowdy was found guilty of causing a death while driving under the influence of alcohol. Her trial took place in January 2001, and she was sentenced to 25 years in prison. After her conviction, she appealed, arguing ten different points about why her trial was unfair. First, she claimed that she should not have been tried again because of double jeopardy, which means a person cannot be tried for the same crime twice. However, the appellate court said that this was not the case here because the state did not purposefully try to get a mistrial. Second, Dowdy wanted to present a defense that she was involuntarily intoxicated, meaning she did not intend to be drunk, but the court ruled that she could not do this, which the appellate court found was a mistake. This mistake was very important and led to the decision to give her a new trial. The appellate court emphasized that everyone has the right to defend themselves and present their story in court, which Dowdy was not allowed to do. The other points raised by Dowdy, such as claims of unfair trial processes, bias from the judge, and other trial errors, were not addressed because the court believed that the preclusion of her intoxication defense was enough to warrant a new trial. In the end, the appellate court said Dowdy should have another opportunity to present her case to a jury where she could defend herself fully. The judge's decision not to allow her intoxication defense to be presented was seen as very serious and unfair, leading the court to reverse the earlier judgment and order a new trial.

C-2000-1344

Post author:Staff
Post published:March 14, 2001
Post category:C

In OCCA case No. C-00-1344, Betts appealed his conviction for multiple offenses including Driving Under the Influence of Drugs and Assault on a Police Officer. In a published decision, the court decided to grant his petition for relief regarding some of the convictions due to a lack of adequate factual support for those charges. One judge dissented. Betts had pleaded guilty to several charges in a lower court, but later claimed he did not understand all the details of the offenses or the punishments he could receive. He filed a motion to withdraw his plea, which was denied by the district court. The case was then brought to the Oklahoma Court of Criminal Appeals. The court looked at the reasons Betts provided for wanting to withdraw his plea. One of the main issues was that there was not enough factual evidence to support certain charges against him. For instance, when Betts admitted some wrongdoing, he did not talk about other specific charges like the drug possession or tampering with a vehicle. The court found that because of this, Betts did not really enter his plea to those counts in a fair way. While the court affirmed one of his convictions related to Assault and Battery on a Police Officer, they reversed other convictions regarding Driving Under the Influence of Drugs and related charges. The court also mentioned that there were problems with how restitution was handled, which means determining if and how much money Betts should pay for what he did. Overall, the court sent the case back to the district court to ensure that the restitution issues were corrected and to check if the earlier order of restitution was appropriate for the right case. The court set a timeframe for the district court to work on these issues. In summary, the court found that Betts was not properly informed or supported for several of the charges against him, leading them to reverse some of his convictions while affirming one, and they ordered further hearings on the restitution matter.