Legal Opinion
Thomas v. State ex rel. Department of Public Safety
Court of Civil Appeals of Oklahoma
Decided April 20, 1993No. 80908PublishedCited by 2 opinions
1Opinion of the Court
ORDER VACATED.
BRIGHTMIRE, Judge.
Under attack in this driver’s license revocation case is: (1) the legal propriety of the trial court’s failure to hold a trial when the case was first set, and (2) the sufficiency of the evidence to support the court’s finding that the licensee refused to timely consent to a sobriety breath test.
We hold it was a prejudicial abuse of discretion for the court to grant the State’s oral request for a continuance of the trial de novo on December 29, 1992, over the objection of the plaintiff, and it was error not to find that the plaintiff timely consented to take…
2Cases cited11 opinions
- Missouri, K. & T. Ry. Co. v. LongSupreme Court of Oklahoma · 1926
- Atchison, T. & S. F. Ry. Co. v. LongSupreme Court of Oklahoma · 1926
- State v. MooreHawaii Supreme Court · 1980
- Puckett v. CookSupreme Court of Oklahoma · 1978
- In re the Appeal of the Revocation of the Driver's License of DunganSupreme Court of Oklahoma · 1984
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- McCown v. State ex rel. Department of Public SafetyCourt of Civil Appeals of Oklahoma · 2003
- McCown v. STATE EX REL. DPSCourt of Civil Appeals of Oklahoma · 2003