Legal Opinion

Polk v. State Ex Rel. Department of Public Safety

Court of Civil Appeals of Oklahoma

Decided August 16, 1996No. 87430PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION

JONES, Presiding Judge:

Appellant appeals a decision by the Department of Public Safety [DPS] revoking his driving privileges following an arrest for driving under the influence of alcohol. The trial court affirmed the decision. This appeal followed.

Appellant was observed by an Oklahoma City police officer to be speeding and driving erratically, and was slow to respond when the officer turned on his emergency lights. Appellant’s breath smelled of alcohol, his eyes were watery and bloodshot, his speech was slurred, and he had difficulty maintaining his balance. Appellant could…

2Cases cited5 opinions

  1. Smith v. State Ex Rel. Department of Public SafetySupreme Court of Oklahoma · 1984
  2. Fink v. State Ex Rel. Department of Public SafetyCourt of Civil Appeals of Oklahoma · 1992
  3. Browning v. State Ex Rel. Department of Public SafetyCourt of Civil Appeals of Oklahoma · 1991
  4. Trenton v. State Ex Rel. Department of Public SafetyCourt of Civil Appeals of Oklahoma · 1989
  5. Morgan v. State ex rel. Department of Public SafetyCourt of Civil Appeals of Oklahoma · 1993

3Cited by6 opinions

  1. McClure v. ConocoPhillips Co.Supreme Court of Oklahoma · 2006
  2. Gilworth v. State ex rel. Department of Public SafetyCourt of Civil Appeals of Oklahoma · 2010
  3. Haley v. State ex rel. Department of Public SafetyCourt of Civil Appeals of Oklahoma · 2005
  4. Gilworth v. STATE EX REL. DPS.Court of Civil Appeals of Oklahoma · 2010
  5. Mustain v. State ex rel. Dept. of Public SafetyCourt of Civil Appeals of Oklahoma · 2006

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