Legal Opinion
Cheek v. State ex rel. Department of Public Safety
Supreme Court of Oklahoma
Decided July 9, 1991No. 76309PublishedCited by 5 opinions
1Opinion of the Court
HODGES, Vice Chief Justice.
The issue before this Court is what constitutes a sworn statement for purposes of Okla.Stat. tit. 47, § 754 (Supp.1990).
On February 26, 1990, at 1:20 a.m., James Alex Cheek (petitioner) was arrested for driving under the influence of alcohol. Within two hours after his arrest, petitioner was requested and refused to take the state’s breath test. The refusal came after petitioner was informed of the consequences of refusing to take the test. Petitioner was served a copy of the Officer’s Affidavit and Notice of Revocation.
Following a hearing, the Department of Public…
2Cases cited16 opinions
- Agnew v. HjelleNorth Dakota Supreme Court · 1974
- Atwood v. StateMississippi Supreme Court · 1927
- Chase v. State Ex Rel. Department of Public SafetySupreme Court of Oklahoma · 1990
- Dalbey Bros. Lumber Co. v. CrispinSupreme Court of Iowa · 1943
- Blackburn v. MOTOR VEHICLES DIVISION, DEPT.Court of Appeals of Oregon · 1978
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3Cited by5 opinions
- Clawson v. State ex rel. Department of Public SafetyCourt of Civil Appeals of Oklahoma · 2007
- Slay v. State ex rel. Department of Public SafetySupreme Court of Oklahoma · 2000
- Commonwealth, Transportation Cabinet, Department of Vehicle Regulation v. WilliamsCourt of Appeals of Kentucky · 1992
- Cheek v. STATE EX REL. DPSSupreme Court of Oklahoma · 1991
- Clawson v. STATE EX REL. DPSCourt of Civil Appeals of Oklahoma · 2007