Legal Opinion

Post v. State ex rel. Department of Public Safety

Court of Civil Appeals of Oklahoma

Decided January 10, 1995No. 84500PublishedCited by 1 opinion

1Opinion of the Court

OPINION

GARRETT, Chief Judge:

On March 6, 1994,1 an Oklahoma Highway Patrol Trooper saw a car parked in a wheat field adjacent to a state highway. He approached the car and saw Phillip H.L. Post (Post) asleep in the front seat behind the steering wheel. The Trooper entered the car through an unlocked door on the passenger side and awoke him. According to the Trooper, Post was drunk and there was a strong odor of alcohol in the ear. Post was arrested2 at that time, and later he was charged with being in actual physical control of a motor vehicle while intoxicated (APC).3

The Trooper determined…

2Cases cited5 opinions

  1. In re the Appeal of the Revocation of the Driver's License of DunganSupreme Court of Oklahoma · 1984
  2. Houston v. StateCourt of Criminal Appeals of Oklahoma · 1980
  3. Mayes v. StateCourt of Criminal Appeals of Oklahoma · 1945
  4. State v. HawsCourt of Criminal Appeals of Oklahoma · 1994
  5. Solenberg v. State Ex Rel. Department of Public SafetyCourt of Civil Appeals of Oklahoma · 1993

3Cited by1 opinion

  1. Opinion No. (1999), Oklahoma Attorney General Reports1999

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