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BRYANT v. COM'R OF DEPT. OF PUBLIC SAFETY

No. 87135.

937 P.2d 496 (1996)

Randy W. BRYANT, Appellee, v. The COMMISSIONER OF THE DEPARTMENT OF PUBLIC SAFETY, STATE OF OKLAHOMA, Appellant.

Supreme Court of Oklahoma.

As Corrected January 8, 1997.

Rehearing Denied March 14, 1997.

Attorney(s) appearing for the Case

Michael Gardner, Purcell, for Appellee.

Blair Easley, Oklahoma City, for Appellant.

KAUGER, Vice Chief Justice.

The issue presented is whether the unexcused or inexcusable failure of the Department of Public Safety to provide a breath sample which was timely requested for independent testing pursuant to 47 O.S.1991 § 752(F),1 affects the appellee's administrative driver's license revocation. We find that the unexcused or inexcusable failure of DPS to provide a breath sample...

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