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John Hunsucker

John Hunsucker’s Answers

232 total


  • Can I go to prison on a motion to revoke a 4 year suspended on DUI after former conviction??

    Jamie Arballo. Custer county, Oklahoma

    John’s Answer

    Yes. You need to consult with a criminal defense lawyer immediately. If it is a four year suspended then you have four years of liability regardless of how much of the suspended you have served.

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  • Signed witness statement stand up in traffic court.

    Will a signed witness statement stand up in traffic court to help prove "a not guilty" of a traffic ticket. I was in the right lane, traffic was moderate, a vehicle past me in the left lane and one was right along side me going the same rate of sp...

    John’s Answer

    The document is not admissible as it is hearsay. Will need to have the other driver there.

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  • How can OK DPS make a person have a IID two separate time for the same DUI?

    My husband got a DUI in 2010 had an IID for 3 yrs, took the classes and did the VIP.. Now he's going tomorrow to the DPS but when he called Tuesday they told him he'd have to do another year with an IID, 2 yrs probation and check in with them(DPS)...

    John’s Answer

    Based on your post, i am guessing this is what happened from the information provided. If your husband was suspended for three years, then he would of have to of had two prior license suspension for DUI or drugs within the previous 10 years. (A first time suspension only carries 180 days and a second suspension carries 1 year DL suspension and the three year suspension is for third or more revocations). As it was a third, OK DPS deemed him a '"Excessive User' which required the additional time. He must also show that he has been alcohol free for one year or they will refuse the reinstatement also. Unfortunately, double jeopardy applies to criminal cases and the license processes are civil cases so it doesn't apply.

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  • Can an ex employer refuse to give u a copy of your file in oklahoma

    i was forced to resign after 23 yrs for not being willing to falsify lab results

    John’s Answer

    Oklahoma is an at will employment state which does not give employees a lot of rights. That being said, there isn't enough info in your question to give an accurate answer. If you are a union employee....maybe. Talk to your union rep. If you were a gov't employee...may have some rights under a whistle blower lawsuit. I would recommend speaking with an attorney that handles employment law as there may be some issues under the whistle blower if gov't contracts are involved also. I do not practice employment law but I am an OK atty and saw that no one had responded to your request and didn't want it to go unanswered. Good luck.

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  • Can they make me follow a subpoena if my dr advises me not to travel

    I will be 36 weeks pregnant at the time they want me to travel to TX and my dr does not feel like I should travel at that time when I sent note from dr they informed me I still have to show up for court

    John’s Answer

    You do not say whether this is a civil or criminal case. Either way, the avenue to fix is to file a motion to quash the subpoena. There are also certain requirements that must be met for an out of state subpoena to be valid. I would recommend reposting your question under Texas lawsuits and include more details as to whether civil or ciminal and the court involved. Did they send a check for expenses and how was it served. This will allow the texas attorneys a better opportunity to answer your question.

    hopefully this was helpful. If so, please hit the thumbs up button.

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  • I was charged with petty larceny and now I am on probation for 6 months

    I live in Oklahoma and this is my first offence,I just went to court today and the terms were a 300 dollar fine and probation. I was wondering what would happen should I fail a drug test on probation? Or is there any way I could pay a bigger fine ...

    John’s Answer

    Sounds like you entered a plea today as you state you are on probation. If so, it is basically too late to change that unless you file an application to withdraw plea and can show the plea was not voluntarily entered. If you test hot, you will violate your probation and can be sent to jail for violating probation.

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  • If I have a warrant in another state will I be arrested at the post office I'm applying at?

    I had my identity stolen and had to clear my name of charges before, however they never caught the person. I need a passport for work, but am afraid to go to the post office in case I would be arrested.

    John’s Answer

    • Selected as best answer

    The post office isn't going to run your crimianl record. They are oly going to process your passport information and send it in. However, it is quite possible that the gov't may not issue the passport as you have a warrant or even arrest you upon entering the country. Thus, you need to clear it up. I would not call a bondman but would call an attorney in the jurisdiction that the warrant was issued in. Your attorney can challenge the identity theft issues and maybe get the charge dropped aginst you without appearing or posting bond. This will depend on the jurisdiction and the charge though.

    Hopefully this helps. If so, plese hit the thumbs up button.

    John Hunsucker

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  • Can an employer be sued for firing unexpectingly creating financial hardship?

    We live in Oklahoma and I realize that employers can fire you for whatever reason. My question is would it be worth suing in small claims court against my husbands former employer. My husband and I moved across state for this job, which only laste...

    John’s Answer

    Unless your husband has some type of employment contract with the employer, then I'm not seeing a cause of action here for you to sue under. Almost every person that gets fired has unexpected financial hardships but that is not grounds to sue. You will need to show that the company breached some written promise or contract to recover or show that your husband was discriminated against and that he is a member of a protected class. (age, race, religion, etc)

    Proabaly not the answer you were looking for. Good luck.

    John Hunsucker

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  • Husband is stealing my pain medication

    I have Lupus, Fibromyalgia and back problems. My husband has been stealing my pain meds to the point I run out before my refill date. I have tryed locking them up, but he still gets to them. He has also started hiding all money and assets from me....

    John’s Answer

    I would recommend seeking legal counsel to discuss ways to protect yourself. If he physically abuses you, call 911. I do not know your financial staus but if you are low income, then call legal aid of Oklahoma at 1-888-534-5243. Legal Aid will be able to provide assistance and direct you to possible resources to assist and protect you.

    Hopefully this information helps you get in touch with the resouces you need.

    Good luck

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  • Does having something in your mouth throw off a BAC result.

    The other night I got pulled over having the same make and color of vechile of a person of interest. I had just had a beer about 5 minutes prior with a friend. The officer smelled beer on my breath and wanted a BAC. I was so scared that I forgo...

    John’s Answer

    There are several problems here and I'll try and address them. If the officer was wanting you to take a roadside portable breath testing, then the alcohol would definately effect the test as the PBTs do not have any type of safeguards to detect mouth alcohol which will cause a false higher reading. If the officer was using a evidentiary breath testing device like the Datamaster or Draeger (these are the two devices approved in Washington), then the device will have a slope detector to detect any mouth alcohol. The Washington State Police have a roving testing facility in an RV that contains evidentiary machines. Your attorney will be able to determine which device was used.

    Almost every state including Washington requires a minimum 15 minute deprivation period wherein your mouth is checked and then you are observed for the 15 minutes to make sure nothing enters your mouth or that you don't regurgitate anything. This would mean that the test would be bad if it is shown that you had drank a beer within the 15 minutes or had the dip in your mouth. (Some dip contains alcohol in it).

    It is important to retain an attorney that handles DUIs and is trained in DUI defense as they will know to order any videos and dispatch time records that may be able to show the 15 min. dep. period was not followed. Also, there may be an issue witht e stop based on just a car description that needs to be looked into.

    Good luck.

    John Hunsucker

    If my answer was helpful, please hit the thumbs up button.

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