Browning v. State Ex Rel. Department of Public Safety

BRIGHTMIRE, Judge.

The dispositive issues here are (1) whether the Department of Public Safety acquired jurisdiction to revoke the appellant’s driver’s license following his arrest for driving under the influence of alcohol, and (2) whether the Department carried its burden of proof in support of the challenged order.

We answer the first question in the affirmative, the second in the negative.

I

On January 20,1990, the petitioner-appellant, Edward B. Browning, while being followed in his automobile by a Stillwater police officer, was observed accelerating from a red traffic light “at a rapid rate…