Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Josh Davis
1 Answer | Asked in DUI / DWI for Oklahoma on
Q: if a guy hasn't seen a judge how can he file for habeas corpus in oklahoma on a misd charge of dui disabled military

he has been in jail for over a week with no arraignment He was in the military. And is now disabled

Josh Davis
Josh Davis answered on Jul 15, 2019

Has bond been set yet? That typically has to be set within 48 hours. In some bigger counties, they may see the Judge to set bond and have an initial appearance, but then not see the judge again for a month. If bond is set, then contact a bondsman to get them out. Otherwise he needs a lawyer. Also... Read more »

1 Answer | Asked in DUI / DWI for Oklahoma on
Q: 3rd DUI

2014 I got a misdemeanor dui. Was put on 3 year deferred sentence. Completed everything on that. In 2017 I ended up getting another Dui which was a felony, was placed on 5 year deferred sentence. 1 week ago I just got pulled over for another Dui so Just looking to see if that means jail time

Josh Davis
Josh Davis answered on May 24, 2019

Every DUI carries the potential of jail time. However, on a 2nd time felony offense you’re more likely to have some time. You definitely need to hire a lawyer to review your case and not just agree to whatever the DA is offering.

1 Answer | Asked in DUI / DWI for Oklahoma on
Q: I was arrested December 22 2018 and have not been to anarainment yet do they still have a case
Josh Davis
Josh Davis answered on Feb 11, 2019

Yes. The State can file your case any time during the statute of limitations. Just keep in touch with your bondsman and check oscn.net.

2 Answers | Asked in DUI / DWI for Oklahoma on
Q: Are DUI penalties worse if there are children in the car?
Josh Davis
Josh Davis answered on Dec 6, 2018

Yes. The State could file a separate felony charge of Child Endangerment in addition to your DUI/DWI/APC.

View More Answers

1 Answer | Asked in DUI / DWI for Oklahoma on
Q: What happens if you refuse a breathalyzer test when you're pulled over?
Josh Davis
Josh Davis answered on Jan 28, 2018

It results in an automatic revocation of your license for 18 months.

2 Answers | Asked in DUI / DWI for Oklahoma on
Q: I got my first dui and it was aggrivated because I blew so high. It’s my first time getting in trouble with the law.

I can’t afford a attorney and I asked my bondsman if I should apply for a public defender and he said if he was me I should defend myself and plea guilty but accept the court cost and fine but no jail time. But I don’t know how that would workout I just need a few answers.

Josh Davis
Josh Davis answered on Jan 28, 2018

That’s terrible advice. Apply for a court appointed or try to find a lawyer who will take a payment plan. You want to avoid a conviction and just paying a fine will result in a conviction.

View More Answers

1 Answer | Asked in DUI / DWI for Oklahoma on
Q: D.A. wants 6 months for first felony child endangerment dui in Oklahoma. Can I do anything to help my cause?

6 months in county jail, one year doc probation, 10 years deferred. Had a dui 11 years ago and public into 15 years ago.

Josh Davis
Josh Davis answered on Aug 2, 2017

Do you have a lawyer? That always helps. Depending on the Judge and county that can either be a great offer or you could possibly get something better from the Judge at a sentencing hearing. That's why it's important to consult with an attorney who knows the local judges and what you could... Read more »

2 Answers | Asked in DUI / DWI for Oklahoma on
Q: My daughter got a dui but she was not driving. The driver wrecked the car and then took off on foot.

She stayed with the car but took the keys out of the ignition and locked the vehicle. she had the keys in her purse when the police arrived but was not in the car. Can we get the dui dropped?

Josh Davis
Josh Davis answered on Jun 5, 2017

Probably. Unless the officers saw her I'll bring the vehicle or she was in the driver seat when they arrived, they will not be able to meet the elements of the crime. I would recommend consulting with a local attorney such as myself. Please let me know if I can be of further help.

View More Answers

1 Answer | Asked in DUI / DWI for Oklahoma on
Q: Is it possible to get a dui if I'm on a bike?
Josh Davis
Josh Davis answered on May 5, 2017

It will depend upon the statutory language in your jurisdiction, but usually you cannot get a DUI without a motor. You may, however, still be guilty of a public intoxication.

1 Answer | Asked in Small Claims, Banking and Criminal Law for Oklahoma on
Q: Can you send someone a bad check on purpose to put them in debt?

The check clears the bank but the person who sent it tells you that you need to send money from that check to another individual to complete the process.

Josh Davis
Josh Davis answered on Apr 24, 2017

Yea, that's what we call a scam.

1 Answer | Asked in Banking and Criminal Law for Oklahoma on
Q: Is there a Statute of Limitations for a misdemeanor worthless check in the state of Oklahoma?

Ive been accused of issuing a worthless check in 2004 in OK. Ive asked to see the check or to be given the name of the merchant as I dont recall writing any bad checks for $17. I left the state in '04 due to military PCS and was never informed about this check until a week ago. The DA offered me a... Read more »

Josh Davis
Josh Davis answered on Apr 24, 2017

Depends on when they filed the case against you. Generally if it's filed within a couplw years of the check they are good without looking at the statute. However, you might have grounds to file a Motion to Dismiss for Failure to Prosecute due to the length of time it's taken them to apprehend you.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I received in the mail a card today I have a civil infraction date: april 15th 2003

civil infraction my log book was not up to date in my semi...I was never in Michigan driving in April 2003 and don't live in Michigan the card didn't come to my home address in Oklahoma but my relatives. Nothing on the card but my name and case number and default date 05/07/03 notice date... Read more »

Josh Davis
Josh Davis answered on Apr 24, 2017

Contact a local attorney to have them call. It might be a scam or so far out of time that they can't actually do anything to you.

1 Answer | Asked in DUI / DWI for Oklahoma on
Q: Got a dui in ks in 05. Moved to MO in 2012, doesnt show on my record. If i move to OK would the dui show on ok record?

Convicted in ks in 2005. Completed probation. Shows on KS record. Moved to MO, doesnt show on that record. If i moved to OK, would it show on an OK driving record check?. Asking due to my current job.

Josh Davis
Josh Davis answered on Apr 24, 2017

The record will remain in Kansas and depending on what and where they check it may or may not show up. Your record doesn't vary state to state, sometimes employers just don't check everywhere.

1 Answer | Asked in DUI / DWI for Oklahoma on
Q: How would I find someone's court date in poteau OK.
Josh Davis
Josh Davis answered on Apr 24, 2017

www.oscn.net

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.