Date: 11-17-2022

Case Style:

Fallon B. Estes v. State of Oklahoma, ex real Department of Public Safety, et al.

Case Number: CV-2017-306

Judge: Barbara Hatfield

Court: District Court, Canadian County, Oklahoma

Plaintiff's Attorney:

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Defendant's Attorney: No appearance

Description: El Reno, Oklahoma civil litigation lawyer represented Plaintiff seeking driving privileges after revocation for conviction of DUI pursuant to 47 O.S.C. 754, which 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 the Department or in person to the Department 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 the Department to revoke the driving privilege of the arrested person. However, the Department shall take no action on a sworn report as described in this section if the sworn report is not received by the Department 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, the Department 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 thirty (30) days after the arrested person is given written notice thereof by the officer as provided in this section or by the Department as provided in Section 2-116 of this title.
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.

Okla. Stat. tit. 47, § 754

Outcome: Revocation of Plaintiff's license set aside.

Plaintiff's Experts:

Defendant's Experts:

Comments:

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