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STEPHEN FABIAN
(Oklahoma City) returned to the winner's circle on Friday, April 8, 2005, when he managed to get a demurrer sustained at PH in a DUI case. State called two cops who apparently could not muster enough PC to make it past Judge Paddleford in Oklahoma County. Steve reports that one cop said he detected an odor of alcoholic beverage and one did not. No SFSTs were performed and, thanks to the ever-popular Guth 2100 issue, the pesky results of the Intoxilyzer (about a .14 or .15, but who's counting?) were no factor. State announced Rule 6, but it remains to be seen if it will be pursued. DUI demurrers do not occur that often. Nice to know they still do. Terrific job, Steve!
Stephen Fabian and Mike O'Brian (Oklahoma City), won an appeal in the drivers license wars in the Blanque case. Good job, guys. Also, Fabian reported on the OCDLA listserv that on Friday, February 25, 2005, Oklahoma district judge Noma Gurich issued a temporary and permanent injunction against DPS requiring DPS to provide copies of videotapes from OHP dash-mounted cameras without a written release (DPS has been requiring a release or consent since last December before releasing copies of the tapes to the public). These tapes are "law enforcement records" under the Oklahoma Open Records Act and must be made available to us prior to preliminary hearing(!) Contact Fabian (405.232.4384) if you are denied a tape or required to fill out a consent or release form or know anyone who has. I think he would be very interested in knowing if DPS is violating the lawful order of the court.
09.2005, OKC, secured a hung jury on a DUI manslaughter case in Tahlequah last week. I am informed this was the third trial in the case and the State has indicated that it will be tried again. I do not have many details, but I will count a hung jury as a win in such a case. Maybe someone can fill us in on the facts.
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