Est. 1964

If Lindsay Lohan were in Oklahoma

As you may have heard, Lindsay Lohan, the once and perhaps future starlet, is serving time for violation of her probation. She had been found to be driving under the influence of alcohol, was given a suspended sentence, and failed to abide by the terms of her probation. As a result of this, she was forced to do some time in the custody of the government of the State of California.

Had Lindsey been in Oklahoma for this lapse in judgment, some things would be a bit different.  

Generally, in order for there to be a conviction on a charge of driving under intoxication, it’s the second time around.  For the first offense, it is not unusual for an individual to get a favorable plea agreement which includes reducing the charge to reckless driving.  However, if one is again convicted of an intoxication charge, the prosecutor will make sure that the conviction is for the charged offense. 

One would be given terms and conditions of probation, including community service and a great many fines.  

If an individual failed to do the community service or pay the fines, the prosecutor could file a motion to revoke the suspended sentence.  

For many people, this would result in spending the next 10 weekends in jail.  However, instead of being in protective custody, as Ms. Lohan is, one would generally be released to the jail’s general population.  

Personally, I can think of better ways to spend 10 weekends.  

One might think that the moral of this story is, “don’t drink and drive.”  However, that maxim is said all too often.  Instead, let me offer my own take on Ms. Lohan’s experience:  Do what the Judge says!

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SAVAGE O’DONNELL AFFELDT WEINTRAUB & JOHNSON

110 W. Seventh Street, Suite 1010
Tulsa, OK 74119


Phone 918-599-8400
Email info@savagelaw.cc

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