Harris v. State

PARKS, Vice Presiding Judge,

dissenting:

The majority today sounds the death knell to the proposition that article II, section 21 of the Oklahoma Constitution may, under some circumstances, grant an accused broader protection than the Fifth Amendment to the United States Constitution. The majority overrules prior cases to the contrary. Because I disagree with such a position under the limited circumstances of this case, I dissent.

Appellant argues that admission of his refusal to take a breathalyzer test violated his right against self-incrimination under article II, section 21 of the Oklahoma…