State senator pleads not guilty to drunk driving charge
State senator pleads not guilty to drunk driving charge

Comments Comment on this article17

Julie Bisbee
Published: November 28, 2007

HUGO — An Oklahoma state senator accused of drunken driving has pleaded not guilty this morning in a Choctaw County court.

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State Sen. Jeff Rabon, D-Hugo, was arraigned on an aggravated drunken driving charge and entered a plea of not guilty, said District Attorney Laura Ross Wallis. The charges stem from an August arrest. Rabon, 45, was arrested by Hugo Police and accused of running his car into a truck, which struck another vehicle.

Rabon did not submit to a breath-analysis test, but blood drawn from him at a hospital showed that his blood alcohol level was 0.16, double the legal limit for operating a motor vehicle.

The state limit for drunken driving is 0.08. The charges against Rabon were amended after the blood alcohol tests came back.

Rabon is expected to appear in court again on Dec. 19, when prosecutors and Rabon’s defense attorneys will discuss the evidence and possible settlement for the misdemeanor case. If officials can’t come to an agreement, Rabon’s case will go to a jury trial, Wallis said.

Elected in 1996, Rabon was convicted in Tulsa County District Court in 1989 for transporting an open container of an alcoholic beverage. In 1990, Rabon was convicted of driving under the influence of an intoxicating liquor. State law allows for a felony DUI charge if the offense occurred within 10 years of the misdemeanor charge.

If Rabon’s case goes to trial and he is convicted, state constitution allows lawmakers to decide whether Rabon would be allowed to keep his seat. If Rabon serves time, he would not be entitled to state pay.


 


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The first to go down in the next revolution after the politicians will be the lawyers.....
mister, bogata - Nov 29, 2007 at 6:39 am
To our lawyer friend, I have a few questions... Innocent until proven guilty? If this is true, why are jails filled with people who can't make bail? Why do we lock up or charge people (bail) if they are innocent? Please explain what "standards" the blood test in the article didn't meet? It isn't illegal to drink and drive? If it isn't why was he arrested? People who break the law have a tendency to continue to break the law (his prior convictions). Again, if it isn't illegal, how was he convicted? He was convicted before and arrested again for something that isn't even a crime? I don't understand. Don't know if he is guilty this time or not, but it sure looks that way. Just because he can fight it and win it back doesn't mean he didn't automatically lose his license when he refused the breath test (how can you win something back if you didn't lose it?). Maybe the key word is "automatically" but if I am not mistaken, state law says that if you refuse to take the test it is admission of guilt (just as refusing an officer a search of your car is the "probable cause" they need to search anyway).
Larry, Oklahoma City - Nov 28, 2007 at 11:46 pm
I write this final time only to stress that the facts you have read are not the whole of the case. And, rather that jumping to conclusions about guilt, you should believe of him what you would want to be believed of you: that he is innocent until PROVEN guilty. Why do I care? Because simply being accused of a DUI brands someone with a presumption of guilt as evidenced by these reponses because the crime now not only has a political stigma in our country, but now has a politician as it focal point in this story. For example, the refusal of a breath test, even one that is "failed", or a "failed" blood test does not equal guilt unless that evidence meets certain standards. Technicalities? No, safeguards that each would enjoy if accused and not behind a keyboard. For what its worth, he did not automatically lose his license for refusing the breath test. There is still he can still win it back if he is willing to fight for it, and is successful. The question was asked why I care so much, and the simple answer is that: These preconceptions of guilt bother me because not one shred of VAILD evidence has been offered to me or anyone else and yet this man is guilty and should do jail time according to some. A failed field sobriety test? An officer could fail you right now while you type, let alone at roadside if for some reason he/she chose to in furtherance of their case. A refused breath test? If you had any clue the assumptions upon which the machine bases its results, you'd refuse as well. I have seen a breath result of a .14 be shown to be in a range between .06 and .22 based upon individual factors that the machine ignores and turns into assumptions. The end result is that, once you see what has become of our system of justice, you find that the accused carries the burden of proving themselves innocent to a jury of their peers. And that, is very, very sad. To all of you who disagree with me, I respect your opinion more than you know. I write here as passionately as I do because I fight against this type of assumptive guilt every single day, and I suppose that I have convinced myself that the people believed as I do in the presumption of innocence. I guess I have been proven wrong, but that will not stop my fight. Goodluck to you all. My best regards.
J, Oklahoma City - Nov 28, 2007 at 10:40 pm
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People believe he is guilty because he is guilty. Now he is going to waste the taxpayers money by dragging out a court hearing with overpaid lawyers trying to defend a guilty person on technical points. The trained officer said he failed the field test and smelled alcohol on him. He refused a breath test! His blood test showed twice the legal level allowed! When he refused the breath test he automatically lost his right to drive and now has to forfeit his license. Due to the inability of a state rep. being able to drive, he should therefore, automatically lose his job. He can fight his problems out in court (he should get 30 days due to the prior conviction, and be thankful no one was killed), but he has no business being in a position to make laws for the state when he can't follow them.
Lawerence, Oklahoma City - Nov 28, 2007 at 9:48 pm
A plea is just that, a plea. Anything other than Not Guilty would have been stupid on his part. Rabon is going to do what anyone would and let the lawyer work to reduce the sentence. Open Container is a nothing, driving with a corked bottle of wine in the back seat of your car can get you that. So can having an empty rolling about on the passenger floorboards. All depends on who writes the ticket. The real issue is having had a prior DUI. I predict a suspended sentence, heavy fine, drug counseling, and drivers ed.
Doug, Midwest City - Nov 28, 2007 at 8:37 pm
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J, why does this bother you so much? You seem to have the answers. Most people post here just to vent, and it's too bad you got caught in the middle. The real point here is this is an alcohol-related offense, and by and large politicians get off scott free. It happens all the time. We see it in the papers quite frequently, not only in Oklahoma, but all over the country.
I have yet to see someone who's not a politician get away with not passing the blood test.
Ken, Midwest City - Nov 28, 2007 at 8:37 pm
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With all due respect to your opinion, as well as your being upset with this story, I deeply resent your personal attak upon me simply for being an attorney. I am NOT a person that would be characterized as "shady" nor am I a lawyer that should be placed anywhere near the single example as Mike when it comes to my dealings with my clients or people in general. Again with all due respect, because you have shown me zero in your comments, if you disagree with my beliefs in our justice system; then say so. But, DO NOT resort to insults as to my character simply because I am a lawyer. You, frankly, do not have that right.
J, Oklahoma City - Nov 28, 2007 at 7:55 pm
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J if your an attorney, then you are just as shady as the senator who was arrested. It just goes too show that one hand washes the the other. Lawyers and the fat backs in the senate and house are all worthless fools. Nothing will come of this and some poor sole who has nothing will be arrested and sent up the creek for 2 to 5 yers for the smae dang thing. Makes me sick, people with power and money get away with everything and the lawyers who scam the legal system help them right on through......A fine example is Mike Gassaway. A blow jog getting lawyer and still working as an attorney, it's all sweep under the rug. Sorry folks just a little upset with this story.
Dave, Midwest City - Nov 28, 2007 at 7:11 pm
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The moment that people are ready to accuse persons and adjudge guilt at the same time is when justice dies. By the way, a "mixup" is not what I meant. Indeed, your assumption that would be necessary is in a DUI case with a blood draw is exactly why I keep fighting. Continue to deal in your assumptions, you are exactly the type of individual who is the first to make my phone ring when they are in trouble. Even from "bogata".
J, Oklahoma City - Nov 28, 2007 at 5:28 pm
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J @ Oklahoma City ...Rabon did not submit to a breath-analysis test, but blood drawn from him at a hospital showed that his blood alcohol level was 0.16, double the legal limit for operating a motor vehicle...are you saying they mixed up the blood samples ? Get clue and quit defending your fellow alkies

mister, bogata - Nov 28, 2007 at 5:15 pm
What amazes me is the willingness of these messages to adjudge guilt in this case based simply upon the information in the story. Did something happen since I've been an attorney where a person is presumed INNOCENT until PROVEN guilty? Is it simply because this man was arrested for the charge of DUI that causes people to condemn without more? You should know folks that it is not illegal to drink and then drive whatever the Government wants you to believe. And, "NO", a hospital blood draw does not equal guilt as long as the lawyer in the case knows enough about how to defend it. When the case is proven to a jury BEYOND A REASONABLE DOUBT, then I will be the first to say that a conviction was deserved. Until then he is simply a man will a LEGAL problem, not an alcohol problem, and we should not be so quick to convict.
J, Oklahoma City - Nov 28, 2007 at 5:09 pm
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No need to write a novel here; he's a politician, he'll get off. What politician was it who got off two years or so ago in Stillwater for DUI after he killed that family?
Ken, Midwest City - Nov 28, 2007 at 4:58 pm
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He almost has a worst record than Uncle Gene. I believe Uncle Gene had 8 DUI convictions in a 20 year period. That is "convictions". His actual arrest record should reflect 25 or so if every deputy who found him driving drunk actually processed any paperwork on him. If we have lax DUI laws, you can blame Uncle Gene. He was the one keeping the penalties low in state law. He also claimed that he could get you off scott free in all of Southeast Oklahoma as long as you paid him a $15,000 retainer. When he fell from power, this fell like a line of dominoes. Most people don't know that his current defense cases went to hell. One guy who had just paid Stipe $15,000 to get his DUI arrest erased wound up in prison. The D.A. of Haskell County was no longer intimidated and started throwing the proverbial book at his clients.
burt, edmond - Nov 28, 2007 at 4:56 pm
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I hope they make an example of him...but they won't. After all, he has the power. If John Q Public was arrested, the 1st time is 14 days to 1 year. This guy shows a pattern of alcohol related traffic incidents, even if they happened over a long period of time. Put a lock on his steering wheel and have him do breathalyzers before starting his car. I bet they would see it happens more often than he has been caught.
K, Oklahoma City - Nov 28, 2007 at 3:37 pm
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My brother was a drunk. A great guy when he wasnt drinking but a real pain when he was. And he drank and drove constantly. Getting a break most of the time in several states; DWI,DUI, APC, Open Container, its all a pattern of problems that spread out over several years adds up. He didnt stop even after he got punished pretty harshly once. This guy has to recognize he is a drunk and needs to get help. he had 2 hits before for alcohol related stunts and now he has an accident and tears up some cars. He is darn lucky it isnt manslaughter; next time it could be. My guess is he will indeed get a break; if he does he needs do the smart thing and step down and seek help and start over.
Ron, Oklahoma City - Nov 28, 2007 at 2:35 pm
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I predict he will get a slap on the hand, so as to make room in jail for a younger non-violent offender. The Oklahoma prison/industrial complex needs more low wage workers for AT&T and other corporations.
Kevin, Shawnee - Nov 28, 2007 at 1:18 pm
People don't realize when alcohol sneaks in over their life because only later do they realize they don't always get in trouble when they drink...but whenever they do get in trouble they have been drinking.

In fairness, people can't recognize this because they're usually a little mentally er, foggy.

On the other hand it's kinda scary that foggy headed people are in charge of making laws.


Research, Del Mar - Nov 28, 2007 at 12:17 pm

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