Legal Opinion

Sipes v. State Ex Rel. Department of Public Safety

Court of Civil Appeals of Oklahoma

Decided September 16, 1997No. 89024PublishedCited by 5 opinions

1Opinion of the Court

OPINION ON REHEARING

GOODMAN, Presiding Judge:

This is an appeal from a district court order setting aside the revocation of the plaintiffs driver’s license after he refused to consent to a breathalyzer test and failed to appear at a timely requested, scheduled administrative hearing. Based upon our review of the record and applicable law, we affirm in part, reverse in part, and remand for further proceedings.

I

On July 18,1996, law enforcement authorities in Newcastle, Oklahoma, stopped plaintiff Aaron Wayne Sipes for suspicion of driving under the influence of an intoxicating substance after…

2Cases cited14 opinions

  1. Aircraft & Diesel Equipment Corp. v. HirschSupreme Court of the United States · 1947
  2. Smith v. State Ex Rel. Department of Public SafetySupreme Court of Oklahoma · 1984
  3. Cooper v. State ex rel. Department of Public SafetySupreme Court of Oklahoma · 1996
  4. Palmer Oil Corp. v. Phillips Petroleum Co.Supreme Court of Oklahoma · 1951
  5. Cooper v. CooperSupreme Court of Oklahoma · 1980

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3Cited by5 opinions

  1. Bob Moore Cadillac, Inc. v. ProctorCourt of Civil Appeals of Oklahoma · 1999
  2. Walker v. Oklahoma Department of Human ServicesCourt of Civil Appeals of Oklahoma · 2001
  3. Davis v. State ex rel. Department of Public SafetyCourt of Civil Appeals of Oklahoma · 2001
  4. Chyzy v. Oklahoma Department of Public SafetyCourt of Civil Appeals of Oklahoma · 2006
  5. Hedrick v. Commissioner of the Department of Public SafetySupreme Court of Oklahoma · 2013

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