Blog | Law Office of Lance Turnbow
As a Texas criminal defense attorney I handle many DWI cases. These cases are complicated and require a lot of effort and skill to obtain the best outcome. Some are dismissed, some are reduced to lesser charges, some are resolved with no probation, and some (especially DWI 2nd’s or DWI 3rd’s) involve a probation period. On that probation one of the main problems for my clients is the ignition interlock device.As of right now in Texas, if you are convicted of DWI and your blood alcohol level is .15 or higher you will be required to install one of these devices on any vehicle you drive for at least half the term of any probation. If you are on probation for a second DWI, regardless of your BAC, you must have an ignition interlock device installed on any vehicle you drive. Many of these devices are made by Draeger or Smart Start and they have to be calibrated frequently to ensure accuracy. The number one reason my clients violate their DWI probation is without a doubt ignition interlock violations.If you are facing a DWI and hope to avoid having an interlock device installed on your vehicle contact the Law Office of Lance Turnbow. In a lot of my cases I can find a way to avoid the interlock requirement and in many cases avoid probation entirely.
Truck WAUSAU (WAOW) -A 27-year-old man was arrested Friday morning after he crashed a truck into a Wausau home’s gas meter just before midnight Thursday, according to Wausau Police.Officials say the driver, Jacob Jackson, left a bar on 3rd Ave. in his girlfriend’s truck.He was heading northbound on S. First Avenue when he hit a parked car, pushing it a few hundred yards down the road. Authorities say, Jackson’s truck hit a gas meter on the side of a home, but only caused cosmetic damage.The home’s owner, along with a few other people kept Jackson on scene until law enforcement arrived.”We convinced him to get in the driveway, tried taking off, so we held him on the ground until police got here,” said Allen Eckes, the home’s owner.Jackson was taken to the hospital with minor injuries.Officials say speed and alcohol are believed to be factors in the crash.Jackson arrested for his second OWI, misdemeanor bail jumping, and he was issued multiple traffic citations. He was booked in the Marathon County Jail on Friday morning, and later released. No charges have been filed.
August 9, 2017
If you are pulled over in Oklahoma and accused of drinking and driving, it is likely that you will be asked to participate in various field sobriety tests such as a portable breath test. The majority of the tests that are given are actually even difficult for sober people to complete with 100% accuracy, and are therefore considered to induce a guilty result. Once a field sobriety test is failed, the officer then has probable cause to make the arrest. Refusal of a test may itself result in probable cause for your arrest, but will end up in less strong evidence that could be held against you further down the line.
To answer the question at stake, “can I refuse a portable breath test?” The answer is, not only can you refuse it, but it is actually advised that you refuse it if you have put any alcohol into your system at all. The reason for this is that the test measures your blood alcohol concentration, but not your level of impairment; and impairment levels are different for different people in relation to said blood alcohol concentration. For example, for some people, their level of blood alcohol concentration will be above the legal limit, but they are still not incurring any level of impairment.
If you are arrested, regardless of your refusal or consent, you must clearly state to the police officer that you want an attorney, by doing so, any questioning will have to be postponed until your Oklahoma City DWI attorney is present. According to the Implied Consent Law, prior to your arrest on suspicion of a DUI, you will then be asked to receive a test for the analysis of the alcohol content of your blood. The police officer is required to read you the Implied Consent Warning before your consent and submission to the test. Although, in this case, you do still have the right to refuse the test, but said refusal will result in automatic suspension of your license. This in itself will be of separate offense from any potential DUI charges you may still potentially incur. Even if said blood alcohol test does not result in your favor, an experienced DWI lawyer can still provide you with an adequate defense case.
There are serious consequences to a DUI offense, whether it’s a first offense or a misdemeanor DUI conviction, and the repercussions can affect you for the rest of your life. From jail, to license suspension, to expensive fines and insurance costs, to permanent record implications that can affect your education, or career, and future finances, these are among the many reasons as to why it is so important that you hire a skilled DUI attorney to assist you in your case. If you are looking for a DWI lawyer in Oklahoma City, here at Worden Law, we are confident in our ability to help you fight to the win. Don’t hesitate to contact us today, and let us help you get your life back on track.
A good looking woman walks into a bar wearing a tube top. She raises her hand to signal the bartender for a beer, revealing that she does not shave her armpits.
Meanwhile, a sloppy drunk on the other side of the bar signals the bartender, “Buy that ballerina over there a drink on me.”
The bartender replies, “What makes you think she’s a ballerina?”
“Because,” answers the drunken man, “any chick that can lift her leg that high has GOT to be a ballerina.”
Deputies: Merkel arrested after driving woman to site of prostitution bustby WHAMMerkel.PNGAAVictor, N.Y. – A woman convicted in the crash that killed a Fairport teacher in 2012 is facing new charges in Victor.Megan Merkel, 28, was convicted of DWI and traffic charges in connection with the death of Heather Boyum, She is now accused by Ontario County Sheriff’s deputies of driving with a revoked license.Thursday, deputies and Canandaigua Police arrested Maria Platten, 24, of Rochester after they say she agreed to have sex with an undercover officer. Deputies said Merkel was seen driving Platten to the hotel. They later determined her license had been revoked.Merkel has been charged with aggravated unlicensed operation in the second degree and criminal possession of a controlled substance. Deputies say she was in possession of crack cocaine.Platten was charged with prostitution and two counts of criminal possession of a weapon.The full criminal complaint can be read here:
The Mesa City Council ousted Ryan Winkle from the board Thursday for violating the city’s charter following a DUI charge.
The unanimous decision came after three hours of witness testimony and back-and-forth between lawyers.
The council decided during the disciplinary hearingthat Winkle broke the board’s code of ethics and demonstrated a lack of fitness for office when police say he drove drunk in the early hours of May 7.
Winkle struggled to withhold tears while talking with the media after the vote.
“I love Mesa,” he said, eyes puffy.
A city spokesman said the council has 30 days to fill Winkle’s seat.
Winkle, 38, was a first-time councilman, who took office just four months prior to his DUI arrest. He runs a community-development consulting firm, and is highly involved in downtown revitalization and the city’s Asian business district.
He said his work with those causes won’t change. He just won’t have the councilman title any longer.
“It’s not the end of my story,” he said.
Thursday’s hearing, although not a trial, had all of the characteristics of one.
The city hired an outside attorney, Charles Wirken, to oversee the proceedings. Wirken called witnesses, reviewed police documents and aired body-camera footage to show council members how Winkle acted in the moments following his arrest.
Winkle’s attorney, Tim La Sota, objected to many of Wirken’s maneuvers.
He said he didn’t understand why the lawyer had to bring in two police officers and a forensic scientist as witnesses when there was no objection over what occurred. Winkle had admitted to driving drunk, pleaded guilty in a court of law and had already served jail time, La Sota said.
But the council, acting as the judge and jury, allowed Wirken to continue.
A city staffer and Winkle also testified.
Most of the testimony focused on details of Winkle’s behavior that have widely been reported, like his lies to police officers and refusal to take an initial breath-test.
But the testimony did reveal a few other previously undisclosed details.
Most notably, Winkle said Mayor John Giles asked him to resign several times after his arrest.
Winkle also told the council that the day leading up to his arrest, he attended five community events. He drank at three of them, he said.
Winkle dropped off his son at his in-laws’ home in Scottsdale prior to attending the last event of the day: the Arizona Hispanic Chamber of Commerce’s Black and White Ball. It was the first time his son would stay somewhere overnight without Winkle or his wife, he said.
By the time he arrived at the ball, he said he did not plan to stay long. But after a few people brought him drinks, he decided to stay.
“Once (the drinks) kept on coming, now I feel like I can let loose a little bit after so many months and years of really running hard,” Winkle said.
He said he could not remember how much he drank that night.
A forensic scientist used a calculator to estimate how much Winkle drank.
She based the formula on his gender, 180 pounds of weight and a blood-alcohol content of 0.22 percent.
The result: The ethanol in his bloodstream was the equivalent of 10.7 “standard drinks,” like a 12-ounce beer with 4 percent alcohol, she said.
City staffer weighs in
Things got testy when Mesa Public Information Officer Randy Policar shared his story of Winkle’s conduct in the days following his arrest.
Policar said he was unaware of Winkle’s arrest until a reporter from The Arizona Republic called to ask him about it. When he talked to Winkle, the councilman downplayed the arrest and suggested it would be good for him because he could be a “keynote speaker” at DUI recovery events, Policar said.
“I do not feel that he had any shame or remorse, no,” Policar said.
Policar previously gave a sworn statement about Winkle’s desire to accuse police of making the situation seem worse than it was.
Winkle had never made those comments publicly.
Winkle and his lawyer vehemently denied Policar’s statements and criticized the city for asking one of its employees to “trash” Winkle in an affidavit.
In their closing statements, the two lawyers painted different pictures of Winkle’s behavior.
Wirken said Winkle’s lies to police and intentions of discrediting officers made a bad situation even worse.
“In this situation, the extreme DUI, which was really a super extreme DUI but it was pled down, is grave by itself. But the totality of circumstances are even worse.” Wirken said.
La Sota said that while Winkle’s misstep was severe, his crime did not involve violence and does not merit a severe discipline, like forfeiture of office.
“If we view this in its totality, it does not rise to the level of something that this body should remove a member for,” La Sota said. “This is a matter that should be left to the voters.”
He previously told council members that he did not believe the city charter allowed them to remove a fellow elected official over a misdemeanor DUI charge.
None of the council members spoke before casting their votes.
They voted unanimously, 6-0, to boot Winkle from his seat and quickly ended the meeting.
Then many of the council members and city staff hugged Winkle.
After the vote, Winkle’s mother shouted at the council members.
“He has done more for the city of Mesa than you all know. And you all know it,” Barbara Rae said.
She also accused Giles of bias in her son’s disciplinary hearing.
La Sota was visibly frustrated with the outcome. He said the city should not have paid about $50,000 for a law firm to bring a case against Winkle when “they obviously were going to dump him no matter what.”
“It was just a very expensive charade, and they should have just taken action and not wasted all this money … orchestrating a political hit on someone who pled guilty anyway,” he said.
After the vote, Winkle told reporters he could run for council again in 2018. But he’s not sure he will.
“I haven’t thought about it. Right now I’ve just been trying to get past this,” Winkle said.
He said he was disappointed in the council’s decision, but realized they were under a lot of political pressure to make a tough decision.
When asked if he thought the disciplinary process was fair, Winkle hesitated.
“I mean, you know, it’s as fair as it can be. It’s a highly pressurized thing,” he said.
In a statement released after the hearing, the council said, “It wasn’t a decision we came to lightly, but … we felt this was the appropriate course of action.”
“As elected officials we must hold ourselves to a higher standard of conduct to protect the integrity of the office and trust of the people we represent. We wish Ryan well and look forward to the future,” the statement said.
A man walks into a bar and orders three beers.
The bartender brings him the three beers, and the man proceeds to alternately sip one, then the other, then the third, until they’re gone.
He then orders three more and the bartender says, “Sir, I know you like them cold, so you can start with one, and I’ll bring you a fresh one as soon as you’re low.”
The man says, “You don’t understand. I have two brothers, one in Australia and one in the Ireland. We made a vow to each other that every Saturday night, we’d still drink together. So right now, my brothers have three beers, too, and we’re drinking together.”
The bartender thinks it’s a wonderful tradition, and every week he sets up the guy’s three beers. Then one week, the man comes in and orders only two. He drinks them and then orders two more. The bartender says sadly, “Knowing your tradition, I’d just like to just say that I’m sorry you’ve lost a brother.”
The man replies, “Oh, my brothers are fine — I just quit drinking.”