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CHEEK v. STATE EX REL. DPS

No. 76309.

813 P.2d 1049 (1991)

James Alex CHEEK, Appellant, v. STATE of Oklahoma ex rel. DEPARTMENT OF PUBLIC SAFETY, Appellee.

Supreme Court of Oklahoma.

July 9, 1991.

Attorney(s) appearing for the Case

Kent Eldridge, Oklahoma City, for appellant.

Douglas R. Young, and Blair Easley, Jr., Okl. Dept. of Public Safety, Oklahoma City, for appellee.

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...

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