Sample Case #1

A nationally known American Indian style artist (RM) was arrested for DUI (his third) in Norman, OK by the Norman Police Department. A field test was done which the officer said was failed. An Intoxilyzer 5000 test was taken with a result of greater than .10%. The DPS ordered his license revoked for one year. Our firm requested an administrative hearing to contest the revocation.

RM had been at a show of his work at an art gallery all of the evening in question. He had been with several persons, including an ABLE enforcement officer, a Probation Officer (who was in the car with him at the arrest), an Assistant District Attorney from Oklahoma City, and the ADA's mother (a PhD in learning disorders) up to within five minutes of the stop by this police officer.

Each testified on his behalf at the hearing that he could not have drunk more than two glasses of wine the entire evening and appeared completely normal - and sober. The PhD further testified that she was aware that he suffered from dyslexia and that this problem would cause a person with it to perform poorly on these field tests.

Two opinion witnesses testified at this hearing. Ed Antic, a pharmacist and expert on drug absorption and elimination, testified that, based upon the facts, RM could not have ANY MORE than .04% in his blood at ANY time that night. C. Jeffrey Sifers, certified in field tests and 5000 operation, testified that RM had natural nystagmus (eye jerk - one of the field tests he allegedly failed) and that erroneous reading on the 5000 was caused, or contributed to, by RM's use of items he used in his paintings, not alcohol, that interfered with the machine and gave false readings as alcohol.

After the longest administrative hearing on record (to that date) was finished, the DPS set aside the order and gave RM his license back.

The District Attorney in Cleveland County, after hearing about the above license trial, wanted NO part of this case. He dismissed it outright.