County Clerk Carolynn Caudill DUI & Leaving Scene

[OKCTalker]

Oklahoma County clerk arrested on DUI complaint | News OK

The process is fairly clear (state AG investigates, possible charges brought and removal from office), or a petition could be started to remove her, but what's LIKELY to happen? From the story:

The arrest could cost Caudill her job. Title 51, Chapter 3 of the state statutes allows for the removal of county officers for official misconduct. The definition of misconduct includes “intoxication in any public place within the state produced by strong drink voluntarily taken.”

Attorney General Scott Pruitt would be responsible for investigating and beginning proceedings in a court to remove Caudill if directed by the governor, or if notified if 1 percent of the registered voters who voted in the previous county clerk's election sign a written complaint against her.

Such a hearing would be held either in Oklahoma County District Court or the state Supreme Court.

[LakeEffect]

I would assume that she'd have to be convicted of DUI first. If she pleads out, I wonder how that would affect her elected position.

OKC's own charter isn't that restrictive. Skip Kelley, while arrested twice (not sure if his second arrest was ever worked out in court), would only have been kicked out if he was convicted of a felony. Looks like the State Constitution is more strict - even a misdemeanor for public drunk would get you kicked out of office.

[RadicalModerate]

Oklahoma County clerk arrested on DUI complaint | News OK
The arrest could cost Caudill her job. Title 51, Chapter 3 of the state statutes allows for the removal of county officers for official misconduct. The definition of misconduct includes “intoxication in any public place within the state produced by strong drink voluntarily taken.”

There's her "out" right there . . .
"Your Honor, I move that all charges against my client be dismissed because her condition at the time of her arrest was produced not by "strong drink" but by two dozen Mimosas and, on top of that, the devil made her drink them . . . At least that's who she says the voice in her head told her he was."

[MustangGT]

I liked the KWTV misspelling on the story that she "boned" out of jail. Quite fitting in my opinion. DUI is stupid enough but leaving the scene of a non-injury crash is IMHO inexcusable.

[RadicalModerate]

I liked the KWTV misspelling on the story that she "boned" out of jail. Quite fitting in my opinion. DUI is stupid enough but leaving the scene of a non-injury crash is IMHO inexcusable.

"Objection, Your Honor. My client may have, indeed, pulled a boner (as alleged by one of our biased local media outlets). . . but as I have previously submitted--as is the case with the spurious charges against her--the devil told her that leaving the scene of an accident while drunk made perfect sense."

[rezman]

Quite fitting in my opinion. DUI is stupid enough but leaving the scene of a non-injury crash is IMHO inexcusable.[/QUOTE]


As opposed to leaving the scene of an injury accident ...

[kevinpate]

I'll presume she is someone without a past criminal history. As such, she'll be treated much like any other first timer, albeit with a lot more press due to being a public official.

FWIW, first timers don't tend to walk away with a conviction, unless they get all drain bamaged and do something else stupid that violates the law while they are supposed to be walking the line. And that does happen. I wish I could say it was real uncommon, but I wish unicorns were real too. Neither wish gets me very far.

[zookeeper]

Deleted post because of my stupidity.

I was thinking all along (wrongly) that she was Court Clerk. The subject title says Court Clerk but that's a poor excuse. I failed to put 2+2 together to realize she is the County Clerk. Thanks, Kevin, for the correction.

Sorry.

[kevinpate]

Another FYI. She is County Clerk and not the Court Clerk. Separate elected positions with separate duties. A long time deputy named Tim Rhodes (sp?) is currently the OK County Court Clerk.


As for Title 51, there's more than a modicum of reasonable argument which can be made should the need arise.

[OKCTalker]

My apologies for two mistakes in the headline (she's County Clerk not Court Clerk, and her first name is Carolynn not Carolyn). I'm blaming it on too much/not enough coffee.

Listening to the 911 audiotape, she was circling the block hitting cars near Wilshire & Western, but her residence is near Hefner & May. Just wondering how much damage she could have inflicted in another four miles if she was trying to get home.

[soonerguru]

Cabs are cheap and abundant.

[kevinpate]

Cabs are cheap and abundant.

If only more folks realized that before it was too late to be their option. It's amazing how inexpensive a 'really expensive' cab ride is when compared to:

car being towed and impounded
trip to jail (ok, that ride is technically free)
bonding out of jail
hiring counsel
court costs
fines
court rodered program costs
License modification fees (if one qualifies)
multi months interlock fees (presuming one qualifies, and many more months if above .15)
multi months of cabs, buying friends lunch (when one doesn't qualify)
License reinstatement fees
Watching one's step for 6,12,18, 24 months

I just shake my head internally whenever I hear the cabs cost so much line, then accept my retainer and get to work if I am hearing it from a prospect.


and to those who have been lucky so far.... no one is lucky forever and FWIW, even a freaking high end limo on standby for a few hours plus a healthy tip is a bargain in comparison to all the expense some folks will incur. Cabs costs nothing .... nothing in comparison.

So get a ride home folks. But if you don't, you're certainly welcome to give me a call. I'll do my best to keep the head shake an internal one.

[OKCTalker]

Not her first time drunk behind the wheel and involved in a hit & run. Oh, ALLEGEDLY - sorry.

Records show Oklahoma County Clerk Carolynn Caudill ducked police two years ago after her car sideswiped another vehicle | News OK

On May 6, 2011 she's weaving in & out of northbound traffic on the Lake Hefner Parkway and sideswipes another car. She continues to her house with a witness following her, who observes her pulling into the garage and closing the door. When police respond she refuses to come out or speak with them. OCPD spokeswoman Jennifer Wardlow explains why police didn't require Caudill to come out: “It's a misdemeanor offense, so we can't go break down the door and talk to her. She didn't want to talk to investigators,” she said. “At the time, she wouldn't come out of the house. Our officers never talked to her that day.”

I am stunned. Is it police policy and the law that if someone is involved in an accident, leaves the scene and makes it home without being caught, that it is their option of speaking with them, and they may choose another time to meet with investigators? No wonder she didn't stop the other night - she had every incentive to flee, sober up, plead guilty to speeding and accept one year probation, at which time the record is erased.

Which it was. Caudill's probation ended thirteen months after the 2011 accident, and there is no record of it in OSCN: http://www.oscn.net/applications/osc...er=&icitation=

This is so absolutely sickening. Caudill's arraignment date is November 12, 2013, and MADD should be there in force.

[RadicalModerate]

Schweet Carolyn (by Neal Zircon)

How it began
Somehow I can't remember
Seems like September, tho' I may be all wrong.
Had just one drink
And one became another
Who'd have believed they'd be so strong.

Booze pourin' out
Runnin' down
Over ice
It's so nice

Schweet Carolyn
Drunk times never seemed so bad
Now I'm inclined
And so is my car against this Volvo

(But now I) . . .

Look at this glass
To me it seems so empty.
Please fill it up with a shot or two.
And when I drink
Bourbon runs down my gullet
Into my brain and I think of you.

Booze pourin' out
Runnin' down
Over ice
It's so nice

Schweet Carolyn
Drunk times never seemed so bad
Now I'm inclined
And so is my car agains this Volvo
Oh,Lord, no

(Fade to Black)

[stick47]

In other countries when you drink too much to drive home you call a driver. A car comes & drops off the driver who takes your keys, drives you home, gets you in your house then the car that dropped the driver off picks him up and they go get the next drunk. It costs more than a cab but you have your car at your house the next morning. Sounds like a wine-wine...err, win-win to me.

[Prunepicker]

Cabs are cheap and abundant.

Cabs may be abundant but they aren't cheap!

[kevinpate]

Not her first time drunk behind the wheel and involved in a hit & run. Oh, ALLEGEDLY - sorry.

Records show Oklahoma County Clerk Carolynn Caudill ducked police two years ago after her car sideswiped another vehicle | News OK

On May 6, 2011 she's weaving in & out of northbound traffic on the Lake Hefner Parkway and sideswipes another car. She continues to her house with a witness following her, who observes her pulling into the garage and closing the door. When police respond she refuses to come out or speak with them. OCPD spokeswoman Jennifer Wardlow explains why police didn't require Caudill to come out: “It's a misdemeanor offense, so we can't go break down the door and talk to her. She didn't want to talk to investigators,” she said. “At the time, she wouldn't come out of the house. Our officers never talked to her that day.”

I am stunned. Is it police policy and the law that if someone is involved in an accident, leaves the scene and makes it home without being caught, that it is their option of speaking with them, and they may choose another time to meet with investigators? No wonder she didn't stop the other night - she had every incentive to flee, sober up, plead guilty to speeding and accept one year probation, at which time the record is erased.

Which it was. Caudill's probation ended thirteen months after the 2011 accident, and there is no record of it in OSCN: http://www.oscn.net/applications/osc...er=&icitation=

This is so absolutely sickening. Caudill's arraignment date is November 12, 2013, and MADD should be there in force.

OKCTALKER, yes, sort of. For a misd., a leo needs to have either seen the offense, OR, someone who has seen it has to be willing to make out a sworn complaint. As to why, if there was a witness on sight who followed the person to the driveway, the second option was not utilized, not for me to say. Rookies? Special treatment? Witness was not wanting to swear out a complaint? Officer talked a witness down? Other? Not being there, I am not picking one of these over the other, though perhaps an energetic reporter might follow up on that aspect in the coming days. If so, we'll probably have a 'film at 11' moment in the near future.

As for no record of the incident on OSCN, if everyone has properly done their tasks, that is not a special perk for a politico. Under the law, a deferred sentence adjudication, misd. or felony, can be expunged provided the defendant successfully completes all conditions imposed when receiving the deferral ruling by the court. Deferral periods can run months or years, up to ten, depending on the offense, the defendant and the decision of the prosecution. Upon completion, the offense is removed from the public database, though the leos and prosecution still have access to the information. At the OSBI level, where backgrounds are run, the accessible records would change to reflect:
X is charged with A, on (date information filed).
X pled not guilty.
Case dismissed on (date of dismissal.)

Doesn't matter is one is elected chap or chapette, pizza maker/driver, banker, lawyer, student, soccer mom, pastor, etc. That's the law for everyone.
Getting a full wipe, where even the arrest and charge doesn't get accessed, is a different creature. However, this too can occur, but under far more stringent conditions.

[ljbab728]

Cabs may be abundant but they aren't cheap!

I think the point was that cabs are much cheaper than many alternative outcomes.

[Achilleslastand]

Schweet Carolyn (by Neal Zircon)

How it began
Somehow I can't remember
Seems like September, tho' I may be all wrong.
Had just one drink
And one became another
Who'd have believed they'd be so strong.

Booze pourin' out
Runnin' down
Over ice
It's so nice

Schweet Carolyn
Drunk times never seemed so bad
Now I'm inclined
And so is my car against this Volvo

(But now I) . . .

Look at this glass
To me it seems so empty.
Please fill it up with a shot or two.
And when I drink
Bourbon runs down my gullet
Into my brain and I think of you.

Booze pourin' out
Runnin' down
Over ice
It's so nice

Schweet Carolyn
Drunk times never seemed so bad
Now I'm inclined
And so is my car agains this Volvo
Oh,Lord, no

(Fade to Black)

That Neal Zircon fella is sure quite the tunesmith!

[stick47]

In other countries when you drink too much to drive home you call a driver. A car comes & drops off the driver who takes your keys, drives you home, gets you in your house then the car that dropped the driver off picks him up and they go get the next drunk. It costs more than a cab but you have your car at your house the next morning. Sounds like a wine-wine...err, win-win to me.

This method of getting drunk drivers off the street makes a lot of sense. Too bad the US legal profession would shut it down in whatever way they could.

[BBatesokc]

Personally, I think he 2012 incident was her one and only 'pass' and she should be removed from office.

My former neighbor had a habit of getting really drunk at strip bars throughout the city - but at least he had enough sense to literally call for a tow truck to come and get him and his vehicle.

I can't count the number of times we were woke up by the "Beep .... Beep .... Beep" of a tow truck backing into his driveway.

It was expensive - but alot cheaper than any accident.

Personally, I have little tolerance for those who drink and don't plan ahead for how they plan to get home.