Appeal of Turner

(dissenting) :

I respectfully dissent to the opinion of the majority.

While our decision in State ex rel. Dept. of Public Safety v. Kopczynski, Okl., 499 P.2d 1384 (1972) was correct upon the factual situation presented there, it is not controlling here. It is clearly distinguishable from this case.

I am aware that the Court’s syllabus in Kopczynski, supra, standing alone offers some support for the majority’s position in *1263the instant matter. However, I believe that the syllabus is overly broad and therefore is not truly reflective of the issue determined.

In Kopczynski, supra, the district court…