The State of Oklahoma, and the Oklahoma Highway Patrol, have always denied the existence of any such quotas, UNTIL NOW.

The Highway Patrol has recently admitted that in 2013 it will start using a new “formula” (i.e. quota system) to evaluate trooper performance based, in part, upon the number of tickets and arrests they make. The Patrol states it will utilize its “patrol monitoring programs” as part of its troopers’ quarterly review process as a means of enhancing its goals to promote and ensure public safety--reducing auto accident rates.

Several troopers have anonymously stated they are concerned that the incorporating of such quotas into the evaluations upon which their promotions and/or pay raises are based will adversely affect their discretion to give warnings, as opposed to tickets, and will be detrimental to the way the public views them.

The quotas in question vary depending upon which troop/county the troopers are assigned, as well as to which shift (day, evening, overnight) they work. Troopers who make stops in accident-prone corridors located in their patrol areas are “rewarded” on their evaluations.

Typical areas covered by the quotas include seat belt enforcement contacts (i.e. 200-300 contacts expected each year), traffic contacts expected per patrol hour (1.35-1.95 expected per hour), traffic contacts resulting in ticket/arrests (30-40 % expected), number of Alcohol related arrests per year ( 10-30 rural counties, 15-65 counties with large urban populations). Evening shift troopers, patrolling major urban counties, will be expected to produce statistics which triple the numbers of the other work shifts in their own counties or surrounding rural patrol areas.

It should be noted that a fee generated by traffic citations resulted in deposits of almost 10 million dollars for a Highway Patrol account primarily intended for the purchase of replacement cruisers.

So, the next time you get stopped by a Trooper, and he gives you a ticket instead of a warning, you can legitimately wonder whether you are a victim of Oklahoma’s new, and admitted, quota system.

Within the last several years, however, meth labs have returned to Oklahoma after meth producers developed a new cooking method in 2008, accompanied by their willingness to travel into neighboring states to secure sufficient quantities of pseudoephedrine containing products (such as Sudafed, Mucinex D, Claritin D, etc) which the could not obtain in Oklahoma.

Oklahoma recently passed new statutes, which went into effect on January 1, to combat that resurgence of math labs, by joining with other surrounding states in participating in and utilizing a new system called the National Precursor Log Exchange (NPLEX), which allows real time tracking of the sales and purchasers’ identities of pseudoephedrine containing products from all NPLEX participating states.

Currently there are 17 states actively participating in NPLEX (including Kansas, Arkansas, Missouri, and Texas), with seven more in the process of setting up the system. Many of the remaining states are considering how, and when, the will join in the NPLEX initiative.

Oklahoma also lowered the quantity of pseudoephedrine which can be legally purchased per month from 9 grams to 7.2 grams, which amount to approximately three boxes per month. With that reduction, and the regional monitoring of product sales available through the NPLEX system, Oklahoma meth producers should experience increasing difficulties in securing the pseudoephedrine they need.

Despite all of the above, it is unlikely that the fully effective regulation of “legal” pseudoephedrine products will ever be achieved until every state becomes part of the NPLEX system.

Last December a 16 year old minor from Muskogee made a terrible and tragic decision when he chose to have a few drinks before he took a fellow 16 year for an early morning drive. By daylight his friend was
dead and he was facing DUI and Manslaughter charges after he drove his pickup into a tree along a rural
county road.

Muskogee District Judge Mike Norman was assigned to handle the sentencing of the wayward teenager and he chose to impose a deferred sentence and probation with several conditions, including one which requires the now 17 year old to attend weekly church services for the next ten years.

Although the minor and his attorney have expressed their satisfaction with Judge Norman’s decision, the ACLU has filed a judicial complaint against Judge Norman alleging that he violated Oklahoma’s Code of Judicial Conduct by ignoring the First Amendment which it asserts, minimally, prohibits the government
from forcing anyone to attend church services.

Judge Norman stands behind his decision, contending that the church attendance provision was just one of several similar conditions that he appended to the probation, but he acknowledges that he is aware he may have overstepped his authority.

The ACLU states it requesting that the Oklahoma Council on Judicial Complaints consider all of its
disciplinary options (ranging from a mere counseling to removal from office) in reviewing the judicial
complaint to discourage Judge Norman and other jurists from such blatant disregard of the Oklahoma and
U.S. Constitutions in the future.

liability coverage. Unfortunately, the Oklahoma Insurance Commission estimates that at least one

fourth of all Oklahoma drivers do not have liability insurance coverage, which is one of the reasons

why insurance rates in Oklahoma are among the highest in the nation.

Oklahoma’s two largest cities are undertaking new initiatives to address the above problem:

A. The Tulsa Sheriff’s Department, in cooperation with the Insurance Commission,

will conduct a series of safety checkpoints over the next several weeks which will target uninsured

drivers. Drivers caught without the required liability coverage could face arrest, fines, the loss of

their driver’s license, and their uninsured vehicle could even be impounded.

B. Oklahoma City is using $260,000.00 in Federal grant money to equip 16 police

cruisers with automated license plate scanners which will provide officers with near instantaneous

information regarding whether the vehicle is legally registered, is stolen, or has been involved in or

used in a crime or similar situations. While the new scanners are not intended to be used to conduct

random sweeps for uninsured motorists when they are first put into service, it would only require

some relatively minor software adjustments for insurance information to also be displayed by the

automated scanners.

State Question 762 breezed through the Legislature with broad bi-partisan support, winning approval in the Senate by a vote of 39-1 and in the House by a vote of 86-8.
Since Oklahoma is the ONLY state whose Governor is still directly involved in making pardon and parole decisions on such “minor” offenses, it originally seemed as though passage of State Question 762 was a sure thing, especially when Governor Fallin expressed her initial support of the bill.

Recently, however, the actions of the Oklahoma Pardon and Parole Board have been called into question and Oklahoma District Attorney David Prater has started an investigation into the Board’s potential public notice violations regarding its regular meeting and agendas, as well as allegations that the Board has maintained a “secret docket” which it utilized to consider improper and early commutations or paroles of violent offenders.

The members of the Oklahoma Pardon and Parole Board have chosen to take the extraordinary action of hiring a criminal defense attorney (Mack Martin) to defend their actions in Prater’s investigation.

State Question 762 would resolve most of DA Prater’s issues with the Board’s conduct by statutorily prohibiting the Pardon and Parole Board from doing anything beyond providing a mere recommendation to the Governor in instances involving violent offenders required to serve 85% of their sentences before consideration for parole, which they cannot present to the Governor until the offender has served the minimum required sentence.

Governor Fallin has now withdrawn her support of State Question 762 based on her concerns about what crimes would be considered as “non-violent” because she notes that, since taking office, she has denied paroles to 437 offenders who would be considered “non-violent” under State Question 762. She believes she should continue providing oversight of the Boards actions until sufficient additional reforms and changes have been implemented to protect the safety of the public.

Registration is $150, but don’t worry because you have a chance to win back your registration fee and more! As always, the tournament pays back 100% of the registration fees and Lawter & Associates adds another $4,000 to the pot! We’ll be giving out gifts to the first 400 boats that are pre-registered, and we will offer free Cokes, as long as they last. 

And there’s more. On Saturday, we’ll give out 2 door prizes worth $250 each. Everyone who’s pre-registered will qualify for the drawing. On Sunday, we’ll give out 2 more $250 prizes, this time for everyone who participates. There will also be a $250 prize drawing for the Worst Fisherman, randomly drawn from all boats that don’t weigh in any fish. 

We’ll give monetary prizes to 1st – 35th place, so your chances of going home with more than fish are pretty good! This is a 2-person team tournament, so bring a friend or family member. Whether you’re an old pro or just starting out in big bass fishing, it’s sure to be a fun weekend on the water. Come join us!

Recently, two accidents in Oklahoma City resulted in the deaths of bicyclists over the course of one weekend. In each collision, the bicycle riders were struck from behind by an approaching vehicle. In the first accident, the driver of the automobile that hit 56-year-old Alan Spencer fled the scene. As of this writing, police are still searching for the hit-and-run driver responsible for Spencer’s death. In the second accident, reputable Oklahoma City businessman Clyde Riggs was hit by a truck whose driver immediately stopped and contacted emergency responders. The driver was not arrested in that incident, as police found no probable cause to arrest the pickup’s driver after interviewing him regarding the accident. However, a fatality report will be sent to the district attorney’s office, who will determine if charges are warranted in the Oklahoma City automobile accident.

With two fatal bicycle accidents over such a short span of time, area cyclists are becoming increasingly nervous about their chosen form of exercise or transportation. One Oklahoma City rider says that, while his vigilance can help him avoid collisions with oncoming vehicles, he feels that there is nothing he can do about vehicles approaching from behind. A recent study of hybrid vehicles shows that the quiet operation of these automobiles has actually increased the number of bicycle and pedestrian accidents and fatalities, as people cannot hear the approaching cars and take safety precautions or evasive measures. According to the National Highway Traffic Safety Administration, hybrid vehicles are twice as likely as standard cars and trucks to be involved in pedestrian accidents at low speed.

Hybrid cars are not the only danger for bicyclists and pedestrians, however, as the Oklahoma City accidents demonstrate. Safety officials recommend that both cyclists and drivers remain alert to their surroundings. Oklahoma City police Captain Patrick Stewart admonished automobile drivers, saying, “People are looking for cars. It tends to be the case that people just don't see motorcycles, and they certainly aren't looking for bicyclists. We need to educate both the motoring public and the cycling public about being vigilant and taking extra precautions." Stewart’s warning about motorcyclists was underscored by the deaths of two riders in separate Oklahoma City motorcycle accidents in the days following the fatal weekend bike wrecks.

As for the legal response to the Oklahoma City bicycle accidents, criminal charges will certainly be filed as soon as the driver in the hit-and-run accident is identified. In the second accident, charges may or may not be filed pending the results of the investigation. It is important to note that Oklahoma law requires that motorists passing a bicycle must give at least 3 feet of safety clearance. Regardless of whether or not criminal charges are filed in an accident case, the drivers may be held liable in a civil case. Oklahoma City accident attorneys can help hold the responsible parties accountable for damages resulting from a fatal collision, including medical expenses, funeral expenses, and daily living expenses resulting from the loss of a loved one’s income. While no amount of financial recovery can compensate for the death of a family member or loved one, some peace of mind can be established by easing the financial burden of a loss. Experienced accident lawyers in Tulsa and Oklahoma City can help a suffering family receive restitution from the individuals responsible for an Oklahoma auto accident.

The charges stem from a May 31 incident in which the dogs attacked Mary Wolf, 48, outside her nearby home. Wolf was forced to take shelter in her vehicle for more than 20 minutes before help arrived. Wolf was bitten and clawed in the attack, which resulted in large scarring on her legs.

A police officer who arrived on the scene recognized the dogs from an attack on a child earlier in the month. In that incident, three of Ulonda Jackson’s dogs bit a 7-year-old boy, who required stitches for his wounds. Jackson was warned that her dogs could not legally roam freely. She told authorities that she would get rid of the dogs, but within a few weeks, the dogs were loose and free to attack Mary Wolf in her own yard.

While Ulonda Jackson faces criminal charges as a result of her failure to keep her dogs safely confined, it is not clear whether Mary Wolf or the family of the young dog bite victim have retained the services of an Oklahoma City personal injury lawyer. Because Jackson was negligent in restraining animals proven to be dangerous, she could be held liable for the damage caused by her dogs. Furthermore, dog bite law in Oklahoma upholds strict liability, meaning that the owner is liable for any injuries the dog inflicts, regardless of whether or not the dog has previously displayed any aggressive tendencies.

Oklahoma City and Tulsa personal injury attorneys are instrumental in helping Oklahoma dog bite victims receive compensation for their injuries. Such compensation includes reimbursement of medical bills, lost wages, pain and suffering, and psychological counseling necessitated by the trauma of a vicious attack.

Victims of aggressive dogs in Oklahoma need to understand that criminal charges against owners of these animals are not the last resort. A civil case can help victims regain some of what they have lost physically, emotionally, and financially as a result of a canine attack. A personal injury attorney in Tulsa or Oklahoma City will provide a dog bite victim with the tools necessary to hold the dog owner accountable for the damages caused by a savage animal.

Drop side cribs are responsible for at least 32 infant deaths in the past several years; thousands of babies have been injured. Each of these personal injuries and deaths occurred when a child was strangled or suffocated as the drop side front of the crib became detached from the frame itself. When the front becomes detached from the top of the frame, a child can become caught between the drop side and the top of the crib, strangling the infant. If the front detaches from the bottom, a baby can fall into the gap between the drop side and the crib and can suffocate against the mattress.

The Oklahoma product liability claims for drop side cribs comes as a result of faulty manufacturing, defective hardware, unstable construction, and improper assembly resulting from unclear instructions. Millions of drop side cribs have been recalled due to defect since the beginning of 2010. The problems with these cribs are so rampant that the CSPC warns parents not to attempt to fix the problems themselves and urges them to avoid purchasing drop side cribs altogether. With the continued problems with these models, most manufacturers are instituting a self-imposed ban, discontinuing the sale of all drop side cribs beginning in June 2010.

When new parents buy products for their infants, their primary concern is their child’s safety. Oklahoma parents have the right to reasonably expect that the products marketed and designed for their children are safe and free from hazards. However, Tulsa personal injury attorneys have seen many stories of heartbreak when a child’s bedding, clothing, or toys did not meet standards, causing debilitating injury or even death. When a defective product causes harm, parents are entitled to compensation for medical expenses, funeral expenses, and emotional suffering wrought by the injury or death of a child. While no amount of monetary reparation can make up for the injury or loss of a child, personal injury lawyers in Oklahoma can help families hold negligent manufacturers accountable and protect the safety of Oklahoma children.

Let’s say you fall asleep at the wheel, run off the road and injure yourself severely.  You need months of conservative care and ultimately wind up with a back surgery.  Your medical bills total over $100,000.00, but you are fortunate enough to have excellent health insurance through your employer or privately.  All of your medical providers have contracted with your health insurance plan and are bound by the guidelines of these contracts in terms of what they can bill you personally. 

Your health insurance carrier pays all of your expenses, less of course the co-pays and co-insurance and deductibles.  You do not owe your health insurance company anything.

Now let’s say someone runs you off the road, causing the exact same injuries.  Now that there is someone at fault, that has automobile insurance to pay you for your injuries.  All of the same doctors and medical facilities will now refuse to file with your health insurance and instead file a medical lien with the insurance company for the other driver and with your attorneys.

These liens are for the full amount of the medical treatment and will not include the usual and customary write offs they would have to take through your health insurance.  These doctors will refuse to file with any health insurance plans, including Medicare and Medicaid, if there is any chance they can get paid in full directly out of your personal injury lawsuit, rather than the reduced amount through health insurance. 

Injured individuals should insist that the doctors and medical facilities agree to file with their health insurance plans at the onset of any treatment.  Every health insurance plan has a right of recovery provision, which will guarantee them reimbursement out of any settlement or judgment you might obtain in your lawsuit.  Your attorney will pay the health insurance plan only what they paid to the doctors. Moreover, the plans will usually reduce this amount for the attorney’s hard work on the case in obtaining their money back. This amount is much less than you would have to pay through a medical lien on your case.

For example: If your surgery cost $25,000.00 and your health insurance company would have paid that doctor $8,000.00, you would owe the doctor only your co-pay and deductible (if not yet reached). Let’s say it's a maximum of $2,500.00.  At the time of settlement, you receive $100,000.00 because there is not enough insurance.  Your attorneys would reimburse the health insurance carrier less than $6,000.00 and the other $19,000.00 that would have gone to the greedy doctor that filed a medical lien (instead of filing with your health insurance) will now go in your pocket.

Individuals fortunate enough to have health insurance in this day and age, are entitled to all of the benefits, whether or not their injuries are caused by someone's negligence.  The attorneys at Lawter & Associates have years of experience in dealing with these issues and doing everything possible to prevent these doctors from receiving more than they are entitled to.

If you are injured through the negligence of another and have no health insurance, it can be difficult to obtain medical treatment outside of an emergency room.  Many types of injuries that can be caused in motor vehicle accidents and slip and fall accidents, can require specialized care.

It is easier to obtain treatment without health insurance for many types of soft tissue injuries.  These injuries can usually be resolved with conservative chiropractic care or physical therapy.  In these cases there are many excellent health providers that will treat individuals that cannot afford to pay their bills.  These medical providers will file liens and wait to be paid by the insurance company for the negligent party that injured you.

The more difficult situation comes around when your injuries are more extensive and require extensive care and surgical intervention.  It can be almost impossible for an unrepresented individual to find surgeons and other doctors that will provide treatment without health insurance or the ability to pay. 

Experienced lawyers, like us at Lawter & Associates, will know many excellent surgeons and specialized physicians that understand these difficult situations.  These doctors will provide the care injured persons need, even with extensive costs going unpaid when they know you are represented by attorneys that will fight with the insurance companies and defense attorneys to make the responsible party pay.

     Because Oklahoma is an “at will” employment state (which means that a non-unionized employer may terminate any of its employee’s for basically any reason), my first question was whether he was a member of a union; he was not.  My second question was, did he miss the three days because of an on the job injury?  Oklahoma law precludes an employer from terminating an employee merely because he is absent from work, due to a work place injury or because he has filed a Workers Compensation case.  Unfortunately, the client stated his absence from work was not caused by an injury.  I then inquired whether there was any indication that he had been fired because of issues relating to his age, race, sex, religion or physical handicap.  Even under Oklahoma’s “At Will” doctrine, an employee within a protected class is protected from termination based on illegal discrimination related to that class; but there had not been any such discrimination.

     Fortunately, I didn’t give up at that point and I then asked the client the questions necessary to establish that the illness, which caused him to miss work was of a serious and chronic nature.  Further questioning revealed his employer had enough employees to entitle the client to protection under the “Family Medical Leave Act”; a federal law that protects an employee’s job, even if he misses work for up to 12 weeks per year due to his, or a family members’ serious medical condition.  Armed with that information, I was able to quickly convince the client’s employer it was in their best interest to reinstate him of his employment.

     Oklahoma doesn’t provide a lot of protection to it’s workers, but don’t give up until you talk with an attorney.

Keep in mind that there are multiple sources of recovery available to you that will cover your medical bills, lost earnings and to compensate you for your pain and suffering.  Not only is the insurance company of the other driver that caused your injuries responsible for all of your damages, but your own insurance company may provide you with multiple coverage to compensate for the damages.  Often times this is provided to you faster and in a greater amount than the other driver's insurance company’s settlement. 

Check your personal insurance to see if you have uninsured/underinsured motorist coverage, as well as medical payments coverage.  Also, if you were in someone else's vehicle as a passenger at the time you were injured, there might be three separate insurance companies, all of which could provide coverage to pay your damages. 

Many of these coverage policies can assist in paying some or all of your medical bills; even if there is a dispute as to who is at fault.  If you do not have all of those coverage policies, get them!  They are relatively inexpensive and will protect you and the household members of your family, in the event that someone's negligence causes injury to you or them.

 It is important for you to understand that the largest percentages of these cases settle without ever having to go to trial.  As long as your medical treatment was reasonable, necessary and related to the motor vehicle accident, you are entitled to recover all of your actual damages (medical bills past and future, lost earnings past and future) as well as an amount to cover the other damages like pain, discomfort, suffering, stress, emotional damages, etc…

If you or a family member has been injured in a motor vehicle accident, choose an experienced motor vehicle law firm, like Lawter & Associates, that knows how to deal with these insurance companies and adjusters. 

Just because you did not see the condition that caused you to fall does not mean that it was a hidden danger. Often times the condition that caused the fall can be open-and-obvious like a spilled chocolate milkshake on a white floor, or a big hole or an orange extension cord, etc. The visitor who honestly did not see it can still be prevented from recovering from the owner because they weren't paying attention to where they were going. Moreover, under Oklahoma Law it is a question of whether the hazard or danger is open-and-obvious not whether the object itself is open and obvious.

Also keep in mind the injured plaintiff has the burden of proof in all Oklahoma cases. The Plaintiff must establish not only that the condition was a hidden danger but that the owner breached their duty to protect them from it. This involves establishing that the owner actually knew about the condition or that the owner should have known about the condition in the exercise of ordinary care. The difficulty can show up when the injured Plaintiff has no evidence of how the dangerous condition got there or how long it had been there.

For example: if Mom brings her two year old into the grocery store and he spills his water all over the floor in the vegetable department and you come walking by two minutes later and slip on the water. It will be difficult to establish that the owner is liable because you cannot prove that the owner or any of the employees knew about the spill or that they had enough time to discover the spill and protect you from it.

The bottom line is that all of the different circumstances of each case must be examined to determine if the open-and-obvious defense or other defenses will prevent the visitor from recovering for personal injuries and damages. The experienced attorneys at Lawter & Associates have handled hundreds of slip and fall cases in Oklahoma with great success.