Legal Opinion

Tucker v. State Ex Rel. Department of Public Safety

Court of Civil Appeals of Oklahoma

Decided October 9, 2013No. 111,960, 111,752, 111,697, 112,002, 111,699, 112,006PublishedCited by 9 opinions

1Opinion of the Court

BAY MITCHELL, Judge.

¶1 Defendant State of Oklahoma, ex rel. Department of Public Safety (DPS) appeals from a June 7, 2018 Journal Entry, wherein the trial court set aside the driver's license revocation order previously entered against Plaintiff/Appellee James Tucker (Driver). The basis for vacating the DPS Order was the trial court's determination that the arresting Officer's Affidavit upon which the order was based was facially defective due to its noncompliance with 47 O.S8.2011 754(C). DPS appeals from this determination in this implied consent case. 1

¶2 The facts of the underlying stop,…

2Cases cited7 opinions

  1. TRW/Reda Pump v. BrewingtonSupreme Court of Oklahoma · 1992
  2. Samman v. Multiple Injury Trust FundSupreme Court of Oklahoma · 2001
  3. City of Tulsa v. State Ex Rel. Public Employees Relations BoardSupreme Court of Oklahoma · 1998
  4. Chase v. State Ex Rel. Department of Public SafetySupreme Court of Oklahoma · 1990
  5. Hollis v. State ex rel. Department of Public SafetyCourt of Civil Appeals of Oklahoma · 2005

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Shoptaw v. State ex rel. Department of Public SafetyCourt of Civil Appeals of Oklahoma · 2015
  2. TUCKER v. STATE ex rel. DEPT. OF PUBLIC SAFETYCourt of Civil Appeals of Oklahoma · 2013
  3. Drake v. State Ex Rel. Department of Public SafetyCourt of Civil Appeals of Oklahoma · 2014
  4. Trusty v. State Ex Rel. Department of Public SafetySupreme Court of Oklahoma · 2016
  5. DRAKE v. STATE ex rel. DEPT. OF PUBLIC SAFETYCourt of Civil Appeals of Oklahoma · 2014

4 more not listed; retrieve them via the Exa API.

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