Defendant's Attorney:

Description: El Reno, Oklahoma DUI lawyer represented the Plaintiff in a revocation of driver's license case.

47 O.S. 6-211 provides:

A. Any person denied driving privileges, or whose driving privilege has been canceled, denied, suspended or revoked by Service Oklahoma, except where such cancellation, denial, suspension or revocation is mandatory, under the provisions of Section 6-205 of this title, or disqualified by Service Oklahoma, under the provisions of Section 6-205.2 or 761 of this title, shall have the right of appeal to the district court as hereinafter provided. Proceedings before the district court shall be exempt from the provisions of the Oklahoma Pleading and Discovery codes, except that the appeal shall be by petition, without responsive pleadings. The district court is hereby vested with original jurisdiction to hear the petition.

B. A person whose driving privilege is denied, canceled, revoked or suspended due to inability to meet standards prescribed by law, or due to an out-of-state conviction or violation, or due to an excessive point accumulation on the traffic record, or for an unlawful license issued, may appeal in the county in which the person resides.

C. Any person whose driving privilege is canceled, denied, suspended or revoked may appeal to the district court in the county in which the offense was committed upon which Service Oklahoma based its order.

D. A person whose driving privilege is subject to revocation pursuant to Section 753 or 754 of this title may appeal to the district court in the county in which the arrest occurred relating to the test refusal or test result, as shown by the records of Service Oklahoma.

E. The petition shall be filed within thirty (30) days after the notice of revocation, pursuant to Section 753 or 754 of this title, has been served upon the person by Service Oklahoma. The petition shall contain a description of the facts and circumstances of the underlying incident sufficient to determine the arresting law enforcement agency and the date of the incident. It shall be the duty of the district court to enter an order setting the matter for hearing not less than thirty (30) days and not more than sixty (60) days from the date the petition is filed. A certified copy of petition and order for hearing shall be served forthwith by the petitioner to the office of Service Oklahoma by certified mail at Service Oklahoma, Oklahoma City, Oklahoma.

F. Upon a hearing relating to a revocation or disqualification pursuant to a conviction for an offense enumerated in Section 6-205, 6-205.2 or 761 of this title, the court shall not consider the propriety or merits of the revocation or disqualification action, except to correct the identity of the person convicted as shown by records of Service Oklahoma.

G. When the records of Service Oklahoma do not reflect receipt of a sworn report of a law enforcement officer stating that the officer had reasonable grounds to believe the petitioner had been driving or was in actual physical control of a motor vehicle upon the public roads, highways, streets, turnpikes, or other public place of this state while under the influence of alcohol, any other intoxicating substance, or the combined influence of alcohol and any other intoxicating substance, the court shall, upon application by Service Oklahoma, stay the appeal for one hundred eighty (180) days from the date of the arrest as alleged in the petition, or until the sworn report is received by Service Oklahoma. If the records of Service Oklahoma do not reflect receipt of the sworn report described in this subsection at the expiration of the stay, the court shall enter an order directing Service Oklahoma to take no action upon receipt of the sworn report related to the arrest as described in the petition. In no event shall a court award costs or fees, including attorney fees, based upon the records of Service Oklahoma that do not reflect the receipt of the sworn report as described in this subsection.

H. The court shall take testimony and examine the facts and circumstances, including all of the records on file in the office of Service Oklahoma relative to the offense committed and the driving record of the person, and determine from the facts, circumstances, and records whether or not the petitioner is entitled to driving privileges or shall be subject to the order of denial, cancellation, suspension or revocation issued by Service Oklahoma. In case the court finds that the order was not justified, the court may sustain the appeal, vacate the order of Service Oklahoma and direct that driving privileges be restored to the petitioner, if otherwise eligible.

I. The testimony of any hearing pursuant to this section shall be taken by the court stenographer and preserved for the purpose of appeal and, in case Service Oklahoma files notice of appeal from the order of the court as provided herein, the court shall order and direct the court clerk to prepare and furnish a complete transcript of all pleadings and proceedings, together with a complete transcript taken at the hearing at no cost to Service Oklahoma, except the cost of transcribing.

J. Upon Service Oklahoma’s receipt of a petition challenging Service Oklahoma’s action against the driving privileges of any person under this title, Service Oklahoma shall withhold taking the action which is the subject of the appeal or stay the order which is the subject of the appeal. During the pendency of the appeal, Service Oklahoma shall grant or restore driving privileges to the person if the person is otherwise eligible.

K. An appeal may be taken by the person or by Service Oklahoma from the order or judgment of the district court to the Supreme Court of the State of Oklahoma as otherwise provided by law.

47 O.S. 754, provides:
A. The sworn report of the officer stating the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle upon the public roads, highways, streets, turnpikes or other public place of this state while under the influence of alcohol, any other intoxicating substance or the combined influence of alcohol and any other intoxicating substance, shall be submitted by mail, by electronic means approved by Service Oklahoma or in person to Service Oklahoma within seventy-two (72) hours of the issuance of the report. The failure of the officer to timely file this report shall not affect the authority of Service Oklahoma to revoke the driving privilege of the arrested person. However, Service Oklahoma shall take no action on a sworn report as described in this section if the sworn report is not received by Service Oklahoma after the expiration of one hundred eighty (180) days of the arrest of the person.

B. Upon receipt of a written blood or breath test report reflecting that the arrested person, if under twenty-one (21) years of age, had any measurable quantity of alcohol in the blood or breath of the person, or, if the arrested person is twenty-one (21) years of age or older, a blood or breath alcohol concentration of eight-hundredths (0.08) or more, accompanied by a sworn report from a law enforcement officer that the officer had reasonable grounds to believe the arrested person had been operating or was in actual physical control of a motor vehicle while under the influence of alcohol as prohibited by law, Service Oklahoma shall revoke or deny the driving privilege of the arrested person for a period as provided by Section 6-205.1 of this title, unless the person has successfully completed or is currently participating in the Impaired Driver Accountability Program in relation to the arrest which is the subject of the report. Revocation or denial of the driving privilege of the arrested person shall become effective forty-five (45) days after the arrested person is given written notice thereof by the officer or by Service Oklahoma.

C. The appeal hearing before the district court shall be conducted in accordance with Section 6-211 of this title. The hearing shall cover the issues of whether the officer had reasonable grounds to believe the person had been operating or was in actual physical control of a vehicle upon the public roads, highways, streets, turnpikes or other public place of this state while under the influence of alcohol, any other intoxicating substance or the combined influence of alcohol and any other intoxicating substance as prohibited by law, and whether the person was placed under arrest.

1. If the revocation or denial is based upon a breath or blood test result and a sworn report from a law enforcement officer, the scope of the hearing shall also cover the issues as to whether:

a. if timely requested by the person, the person was not denied a breath or blood test,

b. the specimen was obtained from the person within two (2) hours of the arrest of the person,

c. the person, if under twenty-one (21) years of age, was advised that driving privileges would be revoked or denied if the test result reflected the presence of any measurable quantity of alcohol,

d. the person, if twenty-one (21) years of age or older, was advised that driving privileges would be revoked or denied if the test result reflected an alcohol concentration of eight-hundredths (0.08) or more, and

e. the test result in fact reflects the alcohol concentration.

2. If the revocation or denial is based upon the refusal of the person to submit to a breath or blood test, reflected in a sworn report by a law enforcement officer, the scope of the hearing shall also include whether:

a. the person refused to submit to the test or tests, and

b. the person was informed that driving privileges would be revoked or denied if the person refused to submit to the test or tests.

D. After the hearing, the district court shall order the revocation or denial either rescinded or sustained.

Outcome: Revocation order set aside.

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