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SAMPLE v. STATE EX REL. DEPT. OF PUB. SAF.

Case Number: 113871.

382 P.3d 505 (2016)

2016 OK CIV APP 62

Eric SAMPLE, Plaintiff/appellee, v. STATE of Oklahoma, EX REL. DEPARTMENT OF PUBLIC SAFETY, Defendant/appellant.

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

Mandate Issued: October 20, 2016.

Attorney(s) appearing for the Case

Brian K. Morton , Oklahoma City, Oklahoma, for Appellee,

Whitney Herzog Scimeca , Assistant General Counsel, Oklahoma Department of Public Safety, Oklahoma City, Oklahoma, for Appellant,

Kevin L. McClure , Assistant Attorney General, Oklahoma Attorney General's Office, Litigation Section, Oklahoma City, Oklahoma, for Amicus Curiae Oklahoma Board of Tests for Alcohol and Drug Influence.

¶ 1 Defendant/Appellant State of Oklahoma, ex rel. Department of Public Safety (DPS), seeks review of an order of the trial court setting aside the revocation of the driver's license of Plaintiff/Appellee Eric Sample (Plaintiff) as based on an inadmissible breath test sample obtained with a gas cannister and mouthpiece...

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