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7 Oklahoma opinions name it 3 courts 1972–2024 1 in the last five years
The cases below were cited by Oklahoma courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Price v. Reedgreen2 sentences2017Id . ¶ 15, 725 P.2d at 1261 . 2017Id. ¶ 15, 725 P.2d at 1261 . | 1 | 2 |
Chase v. State Ex Rel. Department of Public Safetygreen2 sentences2016Safety , 1990 OK 78 , ¶ 4, 795 P.2d 1048, 1049 . 15 Only upon receipt of both statutory prerequisites does DPS have the power to "revoke or deny the driving privilege of the arrested person." 16 ¶14 At the DPS administrative revocation hearing, 17 DPS bears the burden of proving that "the officer had reasonable grounds to believe the person had been operating or was in actual physical control of a vehicle upon the public roads, highways, streets, turnpikes or other public place of this state while under the influence of alcohol, any other intoxicating substance, or the combined influence of al 2016Safety , 1990 OK 78, ¶ 4, 795 P.2d 1048, 1049. 15 Only upon receipt of both statutory prerequisites does DPS have the power to "revoke or deny the driving privilege of the arrested person." 16 ¶14 At the DPS administrative revocation hearing, 17 DPS bears the burden of proving that "the officer had reasonable grounds to believe the person had been operating or was in actual physical control of a vehicle upon the public roads, highways, streets, turnpikes or other public place of this state while under the influence of alcohol, any other intoxicating substance, or the combined influence of alco | 1 | 2 |
Patterson v. Beallgreen2 sentences2024Patterson v. Beall , 2000 OK 92, ¶ 24, 19 P.3d 839, 845. 2024Patterson v. Beall , 2000 OK 92, ¶ 24, 19 P.3d 839, 845. | 1 | 1 |
Westmoreland v. Chapmangreen2 sentences1972Westmoreland v. Chapman, 268 Cal.App.2d 1 , 74 Cal.Rptr. 363, 365 (Cal.1968) holds as follows: “It is now settled that in a civil proceeding for suspension of a person’s driving privilege under the California Implied Consent Law, a driver does not enjoy the right to consult with counsel, or to have counsel present, before deciding to submit to the chemical tests prescribed by statute inasmuch as such tests do not violate ones right against self-incrimination. 1972Westmoreland v. Chapman, 268 Cal.App.2d 1 , 74 Cal.Rptr. 363, 365 (Cal.1968) holds as follows: “It is now settled that in a civil proceeding for suspension of a person’s driving privilege under the California Implied Consent Law, a driver does not enjoy the right to consult with counsel, or to have counsel present, before deciding to submit to the chemical tests prescribed by statute inasmuch as such tests do not violate ones right against self-incrimination. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
NICHOLS v. STATE ex. rel. DEPT. OF PUBLIC SAFETY
green
2 sentences2017Dept. of Public Safety , 2017 OK 20 . 2017Dept, of Public Safety, 2017 OK 20 [ 392 P.3d 692 ]. | 2 | 2017–2017 |
Question Submitted by: Jay Doyle, Chief Executive Officer, Service Oklahoma
neutral
2 sentences2024OSCN Found Document:Question Submitted by: Jay Doyle, Chief Executive Officer, Service Oklahoma Previous Case Top Of Index This Point in Index Citationize Next Case Print Only Question Submitted by: Jay Doyle, Chief Executive Officer, Service Oklahoma 2024 OK AG 1 Decided: 02/05/2024 Oklahoma Attorney General Opinions Cite as: 2024 OK AG 1, __ __ ¶0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Does title 47, section 6-117(D) (Supp.2023) of the Oklahoma Statutes require a suspension to appear in a person's mo 2024OSCN Found Document:Question Submitted by: Jay Doyle, Chief Executive Officer, Service Oklahoma Previous Case Top Of Index This Point in Index Citationize Next Case Print Only Question Submitted by: Jay Doyle, Chief Executive Officer, Service Oklahoma 2024 OK AG 1 Decided: 02/05/2024 Oklahoma Attorney General Opinions Cite as: 2024 OK AG 1, __ __ ¶0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Does title 47, section 6-117(D) (Supp.2023) of the Oklahoma Statutes require a suspension to appear in a person's mo | 1 | 2024–2024 |
Nichols v. State Ex Rel. Department of Public Safety
green
1 sentence2017Dept, of Public Safety, 2017 OK 20 [ 392 P.3d 692 ]. | 1 | 2017–2017 |
Browning v. State Ex Rel. Department of Public Safety
green
2 sentences2015Revocation or denial of the driving privilege of the arrested person shall become effective thirty (30) days after the arrested person is given written notice thereof by the officer as provided in this section or by the Department as provided in Section 2-116 of this title. _| Plaintiffs argued below that § 754(C) conditioned the jurisdiction of DPS to revoke a driver's license on two requisites, Le., "a written blood or breath test report ..., accompanied by a sworn report from a law enforcement officer that the officer had reasonable grounds to believe the arrested person had been operating 2015Revocation or denial of the driving privilege of the arrested person shall become effective thirty (30) days after the arrested person is given written notice thereof by the officer as provided in this section or by the Department as provided in Section 2-116 of this title. _| Plaintiffs argued below that § 754(C) conditioned the jurisdiction of DPS to revoke a driver's license on two requisites, Le., "a written blood or breath test report ..., accompanied by a sworn report from a law enforcement officer that the officer had reasonable grounds to believe the arrested person had been operating | 1 | 2015–2015 |
United States v. Wade
green
2 sentences1972(Schmerber v. State of California, 384 U.S. 757, 760-765 , 86 S.Ct. 1826 , 16 L.Ed.2d 908 ; People v. Sudduth, 65 Cal.2d 543, 546-547 , 55 Cal.Rptr. 393 , 421 P.2d 401 ; United States v. Wade, 388 U.S. 218, 221 , 87 S.Ct. 1926 , 18 L.Ed.2d 1149 ).” The majority rule is that revocation of a motorist’s license to operate a motor vehicle because of his refusal to take a chemical test to determine the alcoholic content of his blood as required by the implied consent law before consultation with counsel is not a deprivation of constitutional rights. 1972(Schmerber v. State of California, 384 U.S. 757, 760-765 , 86 S.Ct. 1826 , 16 L.Ed.2d 908 ; People v. Sudduth, 65 Cal.2d 543, 546-547 , 55 Cal.Rptr. 393 , 421 P.2d 401 ; United States v. Wade, 388 U.S. 218, 221 , 87 S.Ct. 1926 , 18 L.Ed.2d 1149 ).” The majority rule is that revocation of a motorist’s license to operate a motor vehicle because of his refusal to take a chemical test to determine the alcoholic content of his blood as required by the implied consent law before consultation with counsel is not a deprivation of constitutional rights. | 1 | 1972–1972 |
People v. Sudduth
green
2 sentences1972(Schmerber v. State of California, 384 U.S. 757, 760-765 , 86 S.Ct. 1826 , 16 L.Ed.2d 908 ; People v. Sudduth, 65 Cal.2d 543, 546-547 , 55 Cal.Rptr. 393 , 421 P.2d 401 ; United States v. Wade, 388 U.S. 218, 221 , 87 S.Ct. 1926 , 18 L.Ed.2d 1149 ).” The majority rule is that revocation of a motorist’s license to operate a motor vehicle because of his refusal to take a chemical test to determine the alcoholic content of his blood as required by the implied consent law before consultation with counsel is not a deprivation of constitutional rights. 1972(Schmerber v. State of California, 384 U.S. 757, 760-765 , 86 S.Ct. 1826 , 16 L.Ed.2d 908 ; People v. Sudduth, 65 Cal.2d 543, 546-547 , 55 Cal.Rptr. 393 , 421 P.2d 401 ; United States v. Wade, 388 U.S. 218, 221 , 87 S.Ct. 1926 , 18 L.Ed.2d 1149 ).” The majority rule is that revocation of a motorist’s license to operate a motor vehicle because of his refusal to take a chemical test to determine the alcoholic content of his blood as required by the implied consent law before consultation with counsel is not a deprivation of constitutional rights. | 1 | 1972–1972 |
Schmerber v. California
green
2 sentences1972(Schmerber v. State of California, 384 U.S. 757, 760-765 , 86 S.Ct. 1826 , 16 L.Ed.2d 908 ; People v. Sudduth, 65 Cal.2d 543, 546-547 , 55 Cal.Rptr. 393 , 421 P.2d 401 ; United States v. Wade, 388 U.S. 218, 221 , 87 S.Ct. 1926 , 18 L.Ed.2d 1149 ).” The majority rule is that revocation of a motorist’s license to operate a motor vehicle because of his refusal to take a chemical test to determine the alcoholic content of his blood as required by the implied consent law before consultation with counsel is not a deprivation of constitutional rights. 1972(Schmerber v. State of California, 384 U.S. 757, 760-765 , 86 S.Ct. 1826 , 16 L.Ed.2d 908 ; People v. Sudduth, 65 Cal.2d 543, 546-547 , 55 Cal.Rptr. 393 , 421 P.2d 401 ; United States v. Wade, 388 U.S. 218, 221 , 87 S.Ct. 1926 , 18 L.Ed.2d 1149 ).” The majority rule is that revocation of a motorist’s license to operate a motor vehicle because of his refusal to take a chemical test to determine the alcoholic content of his blood as required by the implied consent law before consultation with counsel is not a deprivation of constitutional rights. | 1 | 1972–1972 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.