A pardon is an act of forgiveness by the Governor. It demonstrates that you are a responsible citizen re-entering society after a conviction. With a pardon, you regain specific civil rights after a conviction.
Pardons are distinctly different from commutations (a reduction of your sentence) and expungements (removal of your record from public view). Simply obtaining a commutation or expunging your record won’t restore all of your rights. You may ultimately decide to pursue several or all three to achieve the maximum relief available to you.
A commutation grants mercy for a sentence that is considered excessive or unjust. Commutations are less common than pardons and expungements, but they’re occurring far more frequently in Oklahoma.
To seek a commutation, you must already have been convicted. Commutations can be granted as a direct release from prison, a paroled release, or a reduction in the number of years remaining in a sentence.
If you cause an accident that results in great bodily injury (a broken bone, impaired function of a bodily organ, dismemberment, etc.) while driving under the influence, you may be charged with DUI Great Bodily Injury. Penalties are more severe than a DUI where an accident does not occur.
If you cause an accident that results in the death of another person while driving under the influence, the state may charge you with Manslaughter. To convict you, the state must prove that a death occurred, that the death was a direct result of your actions, and that there was an underlying misdeameanor crime (like a first time DUI). DUI Manslaughter carries a minimum term of 4 years in jail and up to life in jail if you are convicted, so engaging an attorney to aggressively defend you is critical.
If you cause an accident that results in the death of another person, and the underlying crime is a felony or if the state can prove that you acted with intent, then you could be charged with second degree Murder. If, for example, you have had a prior conviction for DUI within the last 10 years, you can be charged with 2nd degree murder because your second DUI within 10 years is a felony charge. If convicted, you could serve anywhere from 10 years to life in prison. DUI murder is one of the most serious charges you can face and is treated the same as any other felony murder. As with DUI Manslaughter, you should immediately engage an attorney to defend you.
Actual Physical Control (APC) is the crime of being intoxicated and in control of a motor vehicle, but not driving. Generally, these cases arise when an officer finds someone (who is intoxicated) asleep in their car. The law is based on the idea that you could drive away at any time and be a danger to others. Unfortunately, that means that even if you have good intentions and decide to sleep in your car and not drive, you can still be charged. APC carries the same consequences as a DUI.
The Tulsa DUI Guy practice handles DUI cases every day. Many lawyers think that just because you have been arrested for a DUI, that there is little hope of overcoming the prosecutor’s case or that you already have an automatic deal with a prosecutor that doesn’t change. We don't. We work hard to aggressively represent your interests and to get you the best possible result so you can get your life back on track. Complete the form below to get started.
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