Legal Opinion
Burke v. State Ex Rel. Department of Public Safety
Court of Civil Appeals of Oklahoma
Decided August 30, 2005No. 101,217PublishedCited by 2 opinions
1Opinion of the Court
JERRY L. GOODMAN, Presiding Judge.
¶ 1 Plaintiff, Jeffrey Burke, appeals from the trial court’s August 24, 2004, decision sustaining an order by the Department of Public Safety (DPS) revoking his driver’s license. The issue on appeal concerns the applicability of Oklahoma’s “implied consent” law if a driver is arrested pursuant to a “citizen’s arrest” by a private citizen who sought assistance from a police officer in informing the driver of the arrest and taking him into custody. Based on our review of the record, the parties’ briefs, and the applicable law, we reject Plaintiffs challenge to…
2Cases cited8 opinions
- Fanning v. BrownSupreme Court of Oklahoma · 2004
- Smith v. State Ex Rel. Department of Public SafetySupreme Court of Oklahoma · 1984
- Padilla v. MeeseCalifornia Court of Appeal · 1986
- Geary v. StateCourt of Criminal Appeals of Oklahoma · 1985
- Green v. Department of Motor VehiclesCalifornia Court of Appeal · 1977
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- J.D.P. v. StateCourt of Civil Appeals of Oklahoma · 2008
- Washington v. Oklahoma City City ofDistrict Court, W.D. Oklahoma · 2022