Legal Opinion
Manning v. State ex rel. Department of Public Safety
Court of Civil Appeals of Oklahoma
Decided August 30, 1994No. 81234PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION
CARL B. JONES, Judge:
We are presented in this case the question whether failure to produce an excess breath sample, taken from a driver who consented to undergo breath testing for alcohol, warrants suppression of all evidence offered by the Department of Public Safety [DPS] in a district court license revocation proceeding. We answer that question in the negative.
From the admitted and proffered evidence in the trial court record, we have reconstructed the following “facts”:1
On August 26, 1991, Trooper Phillip Elly-son [“Trooper”] of the Oklahoma Highway Patrol observed…
Also in this document: Concurrence.
2Cases cited7 opinions
- Robertson v. State Ex Rel. LesterSupreme Court of Oklahoma · 1972
- Smith v. State Ex Rel. Department of Public SafetySupreme Court of Oklahoma · 1984
- Price v. ReedSupreme Court of Oklahoma · 1986
- Jordan v. General Motors Corp.Supreme Court of Oklahoma · 1979
- Edwards v. StateCourt of Criminal Appeals of Oklahoma · 1975
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Bryant v. Commissioner of the Department of Public SafetySupreme Court of Oklahoma · 1997
- Martin v. StateCourt of Civil Appeals of Oklahoma · 1998
- Bryant v. Commissioner of the Department of Public SafetySupreme Court of Oklahoma · 1997