Tucker v. State Ex Rel. Department of Public Safety
2014 OK CIV APP 45
| Okla. Civ. App. | 2013Background
- Tucker was arrested for driving under the influence and submitted to the state's sobriety test, after which the Officer provided an Affidavit and Notice of Revocation/Disqualification.
- DPS initially revoked Tucker's driving privileges for 180 days following an administrative hearing.
- Tucker appealed and the district court vacated the DPS revocation order, finding the Affidavit facially defective under 47 O.S. 2011 §754(C).
- The Affidavit identified Tucker and relevant details, but the only personal attestations were three statements by the Officer, none of which included the statutorily required sworn report that the Officer had reasonable grounds to believe DUI.
- Section 754(C) requires a sworn report stating reasonable grounds to believe the arrestee operated or was in control of a vehicle while under the influence; without it, the DPS revocation lacks the statutorily prescribed foundation.
- The Oklahoma Court of Civil Appeals affirmed the district court, holding the absence of the sworn report fatally defective and thus the revocation order invalid.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Officer's Affidavit complies with §754(C). | Tucker contends the sworn report of reasonable grounds is missing. | DPS argues the affidavit's facts and driving description support probable cause under a totality analysis. | Affidavit fatally defective for lack of the statutorily required sworn report. |
Key Cases Cited
- Chase v. State ex rel. Dep't of Public Safety, 795 P.2d 1048 (1990 OK 78) (sworn report prerequisite for DPS revocation; defective paperwork invalidates revocation)
- Kennedy v. State ex rel. Dep't of Public Safety, 114 P.3d 499 (2005 OK CIV APP 35) (statutory construction guidance on §754(C))
- Hollis v. State ex rel. Dep't of Public Safety, 131 P.3d 145 (2006 OK CIV APP 25) (review standards for implied-consent revocation)
- Clawson v. State ex rel. Dep't of Public Safety, 168 P.3d 258 (2007 OK CIV APP 89) (scrivener's error can be corrected by oral testimony)
- TRW/Reda Pump v. Brewington, 829 P.2d 15 (1992 OK) (statutory prerequisites and administrative revocation framework)
- Samman v. Multiple Injury Trust Fund, 33 P.3d 302 (2001 OK 71) (statutory interpretation principles for Oklahoma statutes)