Legal Opinion
Hollis v. State Ex Rel. Department of Public Safety
Supreme Court of Oklahoma
Decided April 1, 2008No. 103,625PublishedCited by 13 opinions
1Opinion of the CourtWinchester, C.J.
T1 The central issue in this appeal is whether the trial court's decision to set aside the revocation of Hollis' driver's license, based on a finding that Hollis was mentally incapable of giving a knowing and conscious refusal to submit to a blood/breath alcohol test, is supported by sufficient evidence. We hold the trial court erred as a matter of law in finding Hollis presented sufficient evidence to prove his incapacity to give a knowing refusal to test.
FACTUAL BACKGROUND
T2 On the evening of September 29, 2004, Trooper Willie Timmons, while traveling north on the Kilpatrick Turnpike,…
2Cases cited15 opinions
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Robertson v. State Ex Rel. LesterSupreme Court of Oklahoma · 1972
- Smith v. State Ex Rel. Department of Public SafetySupreme Court of Oklahoma · 1984
- Lorenz v. StateCourt of Criminal Appeals of Oklahoma · 1965
- State v. WoodCourt of Criminal Appeals of Oklahoma · 1978
10 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. IsomCourt of Appeals of Utah · 2015
- COLE v. STATE ex rel. DEPT. OF PUBLIC SAFETYSupreme Court of Oklahoma · 2020
- State of New Jersey v. Diane MonacoNew Jersey Superior Court Appellate Division · 2016
- Brockman v. State ex rel. Oklahoma Department of Public SafetyCourt of Civil Appeals of Oklahoma · 2013
- MURATORE v. STATE ex rel. DEPT. OF PUBLIC SAFETYSupreme Court of Oklahoma · 2014
8 more not listed; retrieve them via the Exa API.