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NICHOLS v. STATE ex. rel. DEPT. OF PUBLIC SAFETY
2017 OK 20
Okla.
2017
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Background

  • Nichols was arrested for DUI on May 8, 2013 and requested an administrative hearing on May 20, 2013.
  • OSBI reported blood test results on September 6, 2013 showing Nichols was under the influence at arrest.
  • The Department did not issue notice of revocation until January 18, 2014, four months after receiving the test results.
  • A revocation hearing was held on September 16, 2014, more than a year after the arrest and months after notice.
  • Nichols challenged the delay as a violation of Okla. Const. art. II, § 6, arguing a speedy hearing right was violated; the trial court vacated the revocation, CA reversed, and certiorari was granted.
  • The Oklahoma Supreme Court held Nichols’s right to a speedy hearing was violated and reinstated his driving privileges.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Did the delay in holding the revocation hearing violate the right to a speedy hearing? Nichols contends the 16-month delay violated the speedy hearing right. State argues delays were permissible due to notice timing and budgetary constraints. Yes; the delay violated the speedy hearing right.

Key Cases Cited

  • Pierce v. State ex rel. Dept. of Public Safety, 327 P.3d 530 (2014 OK) (establishes standard and factors for speedy hearing in revocation proceedings)
  • Bosh v. Cherokee County Governmental Building Authority, 305 P.3d 994 (2013 OK) (constitutional supremacy of Oklahoma text in applicable cases)
  • Turner v. City of Lawton, 733 P.2d 375 (1986 OK) (OK constitutional alignment with federal principles)
  • Wester v. Lucas, 154 P.2d 1170 (1916 OK) (early enumerations of speedy remedy principles)
  • Ellis v. State, 76 P.3d 1131 (2003 OK CR) (court-recognized factors in evaluating delays)
  • Dept. of Securities ex rel. Faught v. Wilcox, 267 P.3d 106 (2011 OK) (judicial notice and reliance on statutory timing amidst due process)
Read the full case

Case Details

Case Name: NICHOLS v. STATE ex. rel. DEPT. OF PUBLIC SAFETY
Court Name: Supreme Court of Oklahoma
Date Published: Mar 7, 2017
Citation: 2017 OK 20
Court Abbreviation: Okla.