[Download] "Appeal of Tucker" by Supreme Court of the State of Oklahoma ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Appeal of Tucker
• Author : Supreme Court of the State of Oklahoma
• Release Date : January 01, 1975
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

1 On June 23, 1973, appellee was arrested and charged with driving while under the influence of alcohol. The arresting officer requested that appellee submit to either a blood or breath test to determine the amount of appellees blood alcohol content. Appellee refused to submit to either test. The Department of Public Safety [appellant] subsequently gave notice to appellee that his drivers license was to be revoked for a period of six months for refusing to submit to a blood alcohol test. Appellee requested a hearing before the Oklahoma Commissioner of Public Safety pursuant to 47 O.S. 1971 ? 754 . Pending the outcome of this hearing the revocation of appellees license was stayed. The hearing resulted in a finding by the Commissioner of Public Safety that the original revocation order should be sustained. Appellee then appealed to the District Court of Cleveland County, Oklahoma, under 47 O.S. 1971 ? 755 . The cause was then tried de novo to the court which set aside the revocation order and reinstated appellees license upon finding "the officer did not have reasonable grounds to believe that the applicant [appellee] had been driving or was in actual physical control of a motor vehicle upon the public highway while under the influence of alcohol or intoxicating liquor."

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