THOMAS v. STATE EX REL. DPS

No. 80908.

858 P.2d 113 (1993)

Scott E. THOMAS, Plaintiff-Appellant, v. STATE of Oklahoma, ex rel. DEPARTMENT OF PUBLIC SAFETY, Defendant-Appellee.

Court of Appeals of Oklahoma, Division No. 2.

Rehearing Denied July 6, 1993.


Attorney(s) appearing for the Case

Allen M. Smallwood, Tulsa, for plaintiff-appellant.

Michael O'Brien, Oklahoma City, for defendant-appellee.


Released for Publication by Order of the Court of Appeals of Oklahoma, Division 2.

BRIGHTMIRE, Judge.

Under attack in this driver's license revocation case is: (1) the legal propriety of the trial court's failure to hold a trial when the case was first set, and (2) the sufficiency of the evidence to support the court's finding that the licensee refused to timely consent to a sobriety breath test.

We hold it was a prejudicial abuse of discretion for...

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