Oklahoma City Lawyer Blog
Joseph Fetterman Firm Profile
Joseph Fetterman – Oklahoma City Attorney for Criminal Defense and Family Law When legal problems put your future at risk, having a steady and experienced advocate can make all the difference. Joseph Fetterman is an Oklahoma City attorney who represents clients in criminal defense and family law matters, bringing disciplined preparation, practical judgment, and […] Read more »
OK Pilot Refusal: Why Saying NO to the FUI Test Ruins Your FAA License
Under Oklahoma law, implied consent exists for blood, breath, or urine testing when an individual is arrested for operating an aircraft under the influence of drugs or alcohol. If a person refuses testing after a conscious arrest, they will be reported to the Federal Aviation Administration (FAA). Additionally, if the incident involved serious injury or death, authorities may treat the situation as if a warrant for testing had been issued, allowing for compelled testing. This highlights the legal implications of operating any vehicle while impaired. Read more »
Oklahoma FUI Law: Implied Consent for Pilots
This blog post discusses the implications of flying under the influence (FUI) in Oklahoma, highlighting the state's laws regarding testing for alcohol or drug impairment. Under Oklahoma Title III, Sections 302 and 303, arresting officers are permitted to conduct breath, urine, or blood tests if they suspect that an individual has operated an aircraft while under the influence. The default method for testing is breath unless the officer specifies otherwise. Alternatives are provided if testing cannot be performed due to circumstances such as injury or lack of equipment. The post emphasizes the concept of implied consent when operating an aircraft. Read more »
Renting a Plane in OK? The Mandatory Insurance Notice Law
This blog post discusses the legal requirements for renting aircraft in Oklahoma, focusing on the obligations of rental businesses. It highlights the need for written notice regarding the nature and extent of insurance coverage, including hull coverage and liability. The notice must contain the name of the person providing it and confirmation of receipt from the renter. Relevant statutory authority can be found in Okla. Stat. tit. 3 § 205, which also includes a recommended form for compliance. Violations can lead to misdemeanor charges and fines. The post advises those in the aircraft rental business to adhere to these regulations to avoid penalties. Read more »
Bought a Plane in OK? Your 3 Essential Registration Steps
Dillan Savage of Wirth Law Office discusses the registration process for aircraft in Oklahoma. Similar to vehicle registration, purchasing an aircraft requires registration with Service Oklahoma, not the Department of Aerospace and Aeronautics. Service Oklahoma provides an online platform for registration, allowing users to complete the process digitally or by mailing in forms. Failure to register may lead to fines and penalties. Relevant statutes include Okla. Stat. tit. 3 § 251, which outlines agency responsibility; Okla. Stat. tit. 3 § 254, detailing the application process; and Okla. Stat. tit. 3 § 253, which covers exemptions for certain owners. Read more »
The FAA Registration Requirement for OK Aircraft Defined
This blog post examines the definition of aircraft under Oklahoma law, specifically referencing Okla. Stat. tit. 3 § 252. The statute defines aircraft as any contrivance designed for navigation or flight in the air, regardless of whether it is mass-produced or individually constructed. According to the statute, any device used for air navigation must be registered with the Federal Aviation Administration to qualify as an aircraft. The definition encompasses both commercially manufactured and homemade devices intended for flight, establishing a broad understanding of what constitutes an aircraft in the state of Oklahoma. Read more »
The 6 Exemptions: Skip Oklahoma Aircraft Registration
This blog post discusses the exemptions from aircraft registration in Oklahoma, as outlined in Title III, Section 253. The six exemptions include: 1) Manufacturer Exemption for FAA-approved aircraft owned by manufacturers; 2) Charitable Use Exemption for aircraft owned by charitable organizations; 3) Non-Resident Private Owner exemption for out-of-state private aircraft owners; 4) Government and Civil Air Patrol Aircraft exemption; 5) Foreign Aircraft registered under reciprocal agreements; and 6) Non-Airworthy Aircraft lacking a valid FAA airworthiness certificate. The post provides details on each exemption to clarify eligibility criteria and registration requirements. Read more »
Jail Time & Fines: Violating the OK Airport Zoning Act
This blog post discusses the penalties for violating the Oklahoma Airport Zoning Act, codified in Title III, Sections 100 through 116 of Oklahoma law, and the relevant federal regulations under 14 CFR Part 77 regarding aeronautical travel. Individuals found guilty of violating this Act may face misdemeanor charges, resulting in potential fines up to $500, imprisonment for up to one year, or both. The post emphasizes the importance of understanding these legal standards and suggests consulting an attorney for guidance on such serious matters. Read more »
Understanding Oklahoma's Air Navigation Safety Laws
This post discusses Oklahoma's laws aimed at preventing the erection of structures that could pose dangers to air navigation, focusing on Title III, Section 102.1 of the Oklahoma statutes. This statute, titled Permit for Erection, Alteration, or Modification of Certain Structures, mandates that individuals must secure a permit from their local airport zoning authority, or the Oklahoma Department of Aerospace and Aeronautics if no local authority exists, before constructing any structure that exceeds federal obstruction standards. The relevant federal regulations can be found under 14 CFR Part 77. Read more »
Before You Build: Airport Zoning Regulations in Oklahoma
This blog post discusses zoning regulations regarding construction permits in relation to federal obstruction standards for structures that may impede air navigation. Oklahoma statute Title 3, Section 102.2 mandates political subdivisions to require permits or variances for any structures exceeding these federal standards, outlined in 14 CFR Part 77. Specifically, 14 CFR Part 77.17 defines obstruction standards, detailing height limitations based on proximity to airports. The text emphasizes the need for awareness of these specific regulations when engaging with political subdivisions regarding permits for construction or alteration projects that could affect air navigation. Read more »
Is Your Property an Airport Hazard? Oklahoma Law You Need to Know
The blog post discusses the definition and implications of airport hazards as outlined in Oklahoma law. It highlights the government's responsibility to define and address these hazards, which pose risks to public safety and airport operations. According to Title III, Section 102, airport hazards can endanger the lives of individuals in both the airport and surrounding areas. The statute authorizes the use of public funds to eliminate such hazards, which may include obstructions affecting aircraft landings and overall airport functionality. The post emphasizes the importance of resolving these issues for the benefit of public safety. Read more »
The Oklahoma Aerospace Act: Why Cities Still Have Full Airport Authority
This blog post discusses the Aerospace and Defense Development Act of 2013 and clarifies which entities are not required to adhere to its regulations. The specific statute cited, Provisions Not Mandatory, under Title III, Section 88, states that the Act does not impose mandatory requirements on Oklahoma cities or towns regarding the management of municipally owned airports and air navigation facilities. Municipalities retain their existing authority to operate and develop aviation infrastructure and can engage directly with federal agencies for funding without constraints from the Development Act. Read more »
The 3 Agencies Driving Oklahoma's Aerospace Future
The Aerospace and Defense Development Act of 2013 focuses on collaboration among three agencies: the Oklahoma Aeronautics Commission, the Center of Aerospace Defense Supplier Quality (CADSQ), and the Oklahoma Aerospace Institute (OAI). The Act aims to enhance education, training, economic development, and other aspects crucial to Oklahoma's aviation, aerospace, and defense industries. Specific initiatives include improving industry contracts, job retention, and the creation of educational partnerships tailored to employer needs. The Act seeks to better serve the state's communities by addressing the sectors' requirements effectively. Detailed information can be found in Title III, Section 85.3 of the Act. Read more »
Aerospace Education & Safety: The Department That Runs Everything In Oklahoma's Skies
This blog post provides an overview of the Oklahoma Department of Aerospace and Aeronautics, highlighting its responsibilities as outlined in Title III, Section 85. The department plays a crucial role in regulating aviation activities in Oklahoma, collaborating with federal agencies, and supporting aerospace programs. Its functions include administering education related to aerospace, assisting in aeronautical emergencies, and establishing air markers and road signs directing travelers to airports. The overview emphasizes the department's broad authority to manage various aspects of aerospace and aeronautics in the state, underscoring its importance in both local and federal contexts. Read more »
Oklahoma Tax Law: The HUGE Benefit of Municipal Airport Ownership
This blog post discusses the tax exemption for properties acquired by municipalities for use as airports, vertiports, or similar facilities in Oklahoma. According to Title III, Section 17, Version I and Version II, such properties and any income generated from them are exempt from taxation. This provision ensures that municipalities do not incur additional expenses related to property and income derived from air navigation purposes. Understanding this exemption can help municipalities manage their finances more effectively by avoiding unnecessary tax liabilities associated with these properties. Read more »
Municipal Asset Disposal: How Cities Legally SELL or Lease Airports
Oklahoma municipalities have the authority to dispose of airports, vertiports, or air navigation facilities in their possession, similar to their acquisition processes. This includes selling, leasing, or otherwise transferring ownership, provided they adhere to established laws. While municipalities have this power, adherence to statutory requirements is mandatory, including those outlined in Title III, Section 65.4, which provides guidelines for such transactions. Ensuring compliance with these legal procedures is crucial for municipalities and their operations regarding airport-related facilities. Read more »
City Wants Your Land for an Airport? What to Know About Municipal Lease Power
This blog post discusses municipalities' authority to operate or acquire airports in Oklahoma, emphasizing their ability to lease properties for this purpose. It highlights that municipalities may not always have necessary funds or bond-issuing capabilities, leading them to pursue leases for airport operations, which may occur outside their geographical bounds. The post references Title III, Section 62, which pertains to municipal leases related to airports, detailing the legal framework supporting these actions. The information is relevant for individuals involved in leases or airport operations within municipalities. Read more »
Eminent Domain & Airports: The Law That Forces Landowners to Sell
Municipalities in Oklahoma have the authority to acquire land and property to establish and operate airports, both within and outside their boundaries. This includes the use of eminent domain, which permits them to take property for public purposes, specifically for airport operations. The relevant statute, Title 3, Section 61, grants municipal corporations the power to acquire, own, and maintain real estate and facilities for aviation. Understanding these powers is essential for those involved in municipal discussions regarding airport development or establishment. Read more »
Liability & Negligence: When a OK Landowner Pays for a Trespasser's Injury
Oklahoma agricultural landowners generally do not owe a duty to trespassers on their property, except in cases of negligence or gross negligence. Liability arises only if harm to a trespasser results from deliberate actions, such as setting traps, or from failing to exercise a reasonable standard of care. Negligence is defined by a lack of normal care expected from a reasonable person. Agricultural land is defined under Oklahoma law as property used for the production of plants, fruits, or animals intended for sale. While liability for injuries to trespassers is unlikely, landowners should still act reasonably to avoid potential legal issues. Read more »
The Loophole That Lets Ranchers Avoid Liability for Public Injuries
This blog post discusses the liability of farm and ranch owners in Oklahoma when allowing public recreational use of their land. It outlines protections under Title II, Sections 16-71.2 and 16-71.5, where owners are generally not liable for injuries on their property used for such purposes. However, liability remains for failures related to ordinary care or for willful misconduct. The post emphasizes that while farmers or ranchers can allow public access without extensive legal risk, they must avoid malicious actions and provide warnings for any known hazards on the property. Read more »
State Forestry Programs MUST Benefit You: The Public Interest Law Explained
This blog post discusses the management of forestry and forestry education programs in Oklahoma, specifically under the authority of the State Department of Agriculture. The agency is mandated by law to ensure that these programs serve the public interest, as outlined in Okla. Stat. tit. 2 § 16-70. Key areas covered include state forests, forest management programs, nursery production, reforestation, urban forestry, and educational activities. The post highlights that misuse of these programs for private benefit is illegal and should be reported to relevant authorities, ensuring that the initiatives remain focused on public good. Read more »
Lawsuit Filed Against You? How To Check Oklahoma Case Info for Free
Oklahoma City family law attorney Dillan Savage discusses methods for checking if a case has been filed against an individual, covering various areas of law including family, criminal, and civil matters. He highlights that cases involving minor children, such as adoptions and guardianships, are generally not publicly accessible. Savage recommends using the Oklahoma State Court Network (OSCN) for most cases and On Demand Court Records (ODCR) for tribal cases. The OSCN website allows users to search for cases by name or case number, providing access to filed documents and court dates, while ODCR requires an account for full access. Read more »
Illegal Deals: Why False Declarations in Timber Sales Lead to $10,000 Fines
This blog post discusses the criminal penalties associated with using false identification or making false declarations of ownership to sell timber in Oklahoma. Under Okla. Stat. tit. 2 § 16-66, individuals must provide evidence of ownership before selling timber. Offenses are classified as felonies if the timber's value exceeds $200, carrying potential penalties of up to five years in prison or a fine of up to $10,000. For timber valued at $200 or less, the offense is a misdemeanor, with penalties including up to one year in jail or a fine of up to $1,000. Read more »
Misdemeanor Risk: Are You Violating Oklahoma’s Timber Ownership Rules?
This blog post discusses requirements for individuals and businesses in Oklahoma engaged in buying timber for resale, specifically under Okla. Stat. tit. 2 § 16-65. Timber purchasers must obtain and maintain evidence of ownership from the seller for at least three years. Acceptable forms of evidence include a detailed Bill of Sale, proof of ownership from the seller’s property, or a legally binding purchase agreement. Failure to comply with these requirements could result in violations of the Oklahoma Department of Forestry’s regulations, leading to fines or misdemeanor charges. Read more »
Fraud Warning: How Failing To Pay for Timber on Time Is a Crime
This blog post discusses the fraudulent sale of timber under Oklahoma law, specifically referencing Title 2, Section 16-63. The statute defines fraudulent actions related to selling or contracting timber without proper rights or with the intent to deceive. Violations can result in either felony or misdemeanor charges, depending on the monetary value involved. If the fraud exceeds $200, penalties may include up to five years in prison and fines up to $10,000. For amounts of $200 or less, offenders may face a misdemeanor charge, with fines up to $1,000 and up to one year in jail. Read more »
Tree Damage Law: The 3 People Who Are SAFE From Criminal Charges on Your Oklahoma Land
This blog post by Oklahoma City criminal defense attorney Dillan Savage discusses the legal implications surrounding damage to timber on private property. It highlights potential criminal and civil liabilities for individuals who damage timber, referencing Title 2, Section 16-60 of the Oklahoma statutes. The post outlines exceptions to this liability, particularly for public utility employees and state officials who may need to trim or remove timber to protect infrastructure. It also mentions public surveyors who can perform similar actions while conducting surveys without facing criminal charges, as long as they adhere to proper procedures. Read more »
Is It a Misdemeanor or a Felony? The Line Between $1,000 and $10,000 Timber Fines
This blog post explains the legal ramifications of causing damage to timber on private property in Oklahoma. If an individual intentionally damages timber valued at over $200, they may face felony charges, resulting in fines up to $10,000 and up to five years in jail. Conversely, if the damage is valued at less than $200, it typically constitutes a misdemeanor with fines up to $1,000 and potential jail time of up to 30 days. Property owners may seek restitution through the District Attorney's office during criminal proceedings, potentially leading to compensation for their losses. Read more »
Are You Accidentally Committing a Felony? The Oklahoma Law on Taking State Timber
Timber and timber products on land owned by the State of Oklahoma can only be legally removed for public improvements or utility projects, with the necessary application and authorization from the Director of Forestry. Unauthorized removal can result in felony charges, with first offenses leading to up to one year in jail and fines up to $1,000, while subsequent offenses may incur up to three years in prison and fines up to $5,000. It is crucial to follow the proper procedures and obtain the required permissions to avoid these penalties. Read more »
The Surprising Law That Makes Oklahoma Railroads Pay for Fire Damage
Oklahoma railroads are liable for damages caused by fires originating from their railroad lines under Title 2, Section 16-40 of the Oklahoma Statutes. This liability extends to incidents caused by sparks from the tracks, faulty maintenance equipment, or other operational issues. If a fire occurs due to the maintenance or operation of railroad lines in Oklahoma, the railroad company is responsible for any property damage resulting from the fire's spread. Read more »
Burned Out? The ONE Thing You Must Prove to Win Your Fire Damage Lawsuit
This article explains the requirements for recovering damages under the Oklahoma Forestry Code when affected by a fire. It clarifies that when pursuing a lawsuit for fire-related damages, plaintiffs do not need to prove ownership of the damaged property; possession or occupancy is sufficient. Specifically, for livestock damages, proving the right to occupy the land where the animals were located is necessary, even if the land is owned by someone else. Additionally, relevant statutes can be found in Title 2, Section 16-40 of the Oklahoma statutes. Read more »
