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BURKE v. STATE DEPT. OF PUBLIC SAFETY

No. 101,217.

125 P.3d 685 (2005)

2005 OK CIV APP 92

Jeffrey B. BURKE, Plaintiff/Appellant, v. STATE of Oklahoma, ex rel., DEPARTMENT OF PUBLIC SAFETY, Defendant/Appellee.

Court of Civil Appeals of Oklahoma, Division No. 4.

Certiorari Denied November 14, 2005.

Attorney(s) appearing for the Case

Charles L. Sifers, Oklahoma City, OK, for Plaintiff/Appellant.

Kenneth T. Linn, Oklahoma Department of Public Safety, Oklahoma City, OK, for Defendant/Appellee.

Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 4.

JERRY L. GOODMAN, Presiding Judge.

¶ 1 Plaintiff, Jeffrey Burke, appeals from the trial court's August 24, 2004, decision sustaining an order by the Department of Public Safety (DPS) revoking his driver's license. The issue on appeal concerns the applicability of Oklahoma's "implied consent" law if a driver is arrested pursuant to a "citizen's arrest" by a private...

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