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HOLLIS v. STATE EX REL. PUBLIC SAFETY

No. 103,625.

183 P.3d 996 (2008)

2008 OK 31

Ricki Royce HOLLIS, Plaintiff/Appellee, v. STATE of Oklahoma, ex rel., DEPARTMENT OF PUBLIC SAFETY, Defendant/Appellant.

Supreme Court of Oklahoma.

April 1, 2008.

Attorney(s) appearing for the Case

Doug Friesen, Oklahoma City, OK, for Appellee.

A. DeAnn Taylor, Oklahoma City, OK, for Appellant.

WINCHESTER, C.J.

¶ 1 The central issue in this appeal is whether the trial court's decision to set aside the revocation of Hollis' driver's license, based on a finding that Hollis was mentally incapable of giving a knowing and conscious refusal to submit to a blood/breath alcohol test, is supported by sufficient evidence. We hold the trial court erred as a matter of law in finding Hollis presented sufficient evidence to prove his incapacity to give a knowing...

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