WHITE v. STATE OF OKLAHOMA ex rel SERVICE OKLAHOMA

Citations

• 2025 OK CIV APP 20

Syllabus

¶1 Plaintiff/Appellant Randy White (White) appeals from the trial court's order finding, as a matter of fact, that Defendant/Appellee Service Oklahoma (SOK) had not revoked White's driver's license frivolously or without a reasonable basis. We disagree with the trial court. Although SOK has a duty, as the trial court noted, to revoke a driver's license upon receipt of (1) a written test report reflecting that the quantity of alcohol in the blood or breath of the arrested person exceeded legal limits and (2) a sworn report from a law enforcement officer stating that the officer had reasonable grounds to believe the arrested person had been operating or was in actual physical control of a motor vehicle while under the influence of alcohol, SOK also has a duty to notify the arrested person promptly and accurately that his or her driving privilege will be or has been revoked. In this case, White's license was revoked before he was provided notice of the revocation. Under these circumstances, the record supports a finding that SOK revoked White's license frivolously or without a reasonable basis. Accordingly, we reverse and remand.