Criminal Law Questions? Ask a Criminal Lawyer.
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So I would have to bring my charges to the same DA that called in the drug expert to testify for them. Is that correct? Could a person bring his complaint to the attorney general instead of the DA or at least after he was turned down by the DA?
I have been made aware that Oklahoma is not a zero tolerance state. I checked to OSCN web site to see the requirements to be convicted of DUI. In Oklahoma to be convicted of Driving under the influence of an intoxicant other than alchohol (and marijuna is listed among the different drugs), one of the elements is that a person must be proven to be under the influence of the intoxicant, not just have some in his system.
You said "..Thus, the expert testimony would have contradicted the state's alleged expert." I am confused by this statement. The defendant did not have a drug expert to refute prosecution expert at trial but after conviction and being incarcerated a relative found out from a drug expert that the prosecution's expert testimony was not in line with any scientific data on this subject. This is why the defendant and family are wanting to know if the lying expert can be charge with lying under oath. You explained it was up to the DA or the Court to charge him. So my question on the last post was would the defendant have to go through the same DA that hired this expert in the first place? We know what that outcome is going to be. They are not going to charge him. So there must be some other way. Is it possible to take this to the state attorney general? I have heard you can even file a complaint against the DA with the state attorney general.
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