Question: What are some ways to challenge the traffic stop in an Oklahoma DUI case?
Answer: The first thing you can do is look to the statute and make sure that what they’re alleging is, in fact, actually a violation. For example, we’ve got, we’ve had clients in the past that were turning out of a public parking lot, and then the cops turned their lights on and pulled them over, saying that they failed to use their turn signal. Well in Oklahoma, that is not, the statute does not require the use of a turn signal turning out of a parking lot. The statute is very clear and says that the car has to be in proper position upon the roadway. Well, when you look up the definition of roadway, it does not include anything about a parking lot. Some other things are, basically, did what the officer says the client did actually constitute a traffic violation? If there is not an actual traffic violation, then it is a bad traffic stop.
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