Sample Case #2

PP had drunk way too much and was attempting to drive home in a rural area of Oklahoma. He left the road (unintentionally) and ended up in a wheat field beside the country road and could not find his way back to the road. He turned off his car which was now parked in this wheat field and passed out. A highway patrolman happened by on his way home from his shift and saw this car in the field. He found PP and arrested him for Actual Physical Control of a Motor Vehicle While Under the Influence of Alcohol ("APC"). An Intoxilyzer 5000 test showed a .19% result. This was PP's thirteenth (13th) DUI/APC arrest. It was filed as a Felony and the District Attorney wanted him to go to jail for five (5) years!

Our firm showed the DA's office that, under the case law, the crime of APC (or DUI) could not be committed in a wheat field. Although not wanting to, the DA agreed and dismissed the case against PP. The DPS did not agree and revoked his license. Our firm appealed the decision and the Oklahoma Court of Appeals agreed with us, publishing the decision. Consequently through our efforts, new law was made as to where these crimes can be committed and an arrest result therefrom.