Gibson v. State ex rel. Department of Public Safety
2015 OK CIV APP 80
| Okla. Civ. App. | 2015Background
- Officer Paul Lloyd arrested Richard Gibson for DUI after traffic stop; Gibson refused a state breath test and the officer seized his license.
- Officer hand-delivered an "Officer's Affidavit and Notice of Revocation/Disqualification" receipt to Gibson that described arrest facts and advised of a 30-day effective date and 15-day appeal window.
- The initial receipt/affidavit omitted the statutory phrase that the officer "had reasonable grounds to believe" the driver was operating while intoxicated.
- Gibson (through counsel) timely requested an administrative hearing; before the hearing the officer filed a "Supplemental Sworn Report" that included the missing statutory language and was provided to Gibson’s attorney more than 30 days before the hearing.
- The DPS hearing officer revoked Gibson’s license for 180 days based on the evidence, including the supplemental sworn report; the district court vacated that revocation, but DPS appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a later-filed supplemental sworn report adding the statutory "reasonable grounds" language can cure an initial affidavit's facial omission | Driver: supplemental report cannot cure initial defect because the missing language in the initial affidavit deprived Driver of due process and opportunity to be heard | DPS: the sworn report requirement is evidentiary; a supplemental sworn report may supply the missing statutory language and cure the defect | Held: The supplemental sworn report may be considered for evidentiary purposes and cured the deficiency; revocation complied with due process |
| Whether the statutory "reasonable grounds" language is jurisdictional or merely evidentiary | Driver: absence is fatal and jurisdictional, invalidating revocation | DPS: language is evidentiary substitute for in-person testimony and is not jurisdictional; late filing does not deprive DPS of authority | Held: The phrase is not jurisdictional but evidentiary; failure to include it initially does not defeat DPS authority where cure provided and hearing afforded |
Key Cases Cited
- Roulston v. State ex rel. Dep't of Pub. Safety, 324 P.3d 1261 (Okla. Civ. App. 2014) (stating the sworn report must on its face include the "reasonable grounds" language)
- Chase v. State ex rel. Dep't of Pub. Safety, 795 P.2d 1048 (Okla. 1990) (holding the sworn report requirement is an evidentiary substitute for live testimony and not jurisdictional)