Chyzy v. Oklahoma Department of Public Safety

Opinion by

KENNETH L. BUETTNER, Chief Judge.

¶ 1 Plaintiff Robert Chyzy was arrested July 17, 2005 for driving under the influence in Edmond, Oklahoma. He declined a breathalyzer test and was charged based on the officer’s observations. He signed a Notice of Revocation/Disqualification signifying that he had been read the Implied Consent Test Request. Chyzy timely submitted a written request for hearing to the Department of Public Safety (DPS). A hearing date was set, but neither he nor his lawyer attended. DPS submitted its evidence and Chyzy’s license was revoked. Chyzy then *234appealed that…