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MCCOWN v. STATE EX REL. DPS

No. 98,319.

74 P.3d 623 (2003)

2003 OK CIV APP 66

Michael H. McCOWN, Plaintiff/Appellee, v. STATE of Oklahoma, ex rel. DEPARTMENT OF PUBLIC SAFETY, Defendant/Appellant.

Court of Civil Appeals of Oklahoma, Division No. 3.

July 1, 2003.

Attorney(s) appearing for the Case

Stephen G. Fabian, Jr., Oklahoma City, OK, for Plaintiff/Appellee.

J. Robert Blakeburn, State of Oklahoma, Department of Public Safety, Oklahoma City, OK, for Defendant/Appellant.

Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 3.

Opinion by KENNETH L. BUETTNER, Judge:

¶ 1 Michael H. McCown was arrested September 8, 2001 for driving under the influence of alcohol. He was given a breath test and, as a result, his driver's license was revoked by the Department of Public Safety (DPS). The revocation was upheld by DPS after an evidentiary administrative hearing. McCown appealed to the District...

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