Date: 07-14-2014

Case Style: Tyler Landon Love v. State of Oklahoma, ex rel. Department of Transportation

Case Number: CV-2014-506

Judge: Deborrah Ludi-Leitch

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Bruce Edge

Defendant's Attorney: Whitney Herzog Scimeca

Description: Tyler Landon Love v. State of Oklahoma, ex rel. Department of Transportation

1 * Plaintiff was stopped while driving on 05/25/2013 and arrested for suspicions of DUI.
2. Plaintiff’s license was taken by the officer, and Plaintiff was issued a Notice of Revocation of Driver’s License and a temporary license, which is effective for thirty (30) days, after which time Plaintiffs license was to be revoked, pursuant to 47 O.S., sec.
754.
3. Plaintiff subsequently applied for an Administrative Hearing with the Department of Public Safety, at which time Plaintiff’ s driving privileges or Plaintiff’s Revocation was stayed pending the outcome of the Administrative Hearing.
4. The Administrative Hearing was held, at which time the Hearing Officer sustained the Order of the Commissioner of Public Safety, and the Plaintiff’s driving privileges were ordered revoked.
5. Plaintiff contests the basis for the suspicions and requests a hearing on the merits.
6. Plaintiff works full time driving and will sufferer extreme and unusual hardship unless the revocation is modified to allow driving during the revocation period.
7. Any right the defendant has to have this hearing set within 30 days is hereby waived and the Department of Public Safety does not object.
8. Department of Public Safety is ordered to provide a certified copy of Administrative order for Plaintiff.
WHEREFORE, premises considered, Plaintiff prays this Court to order a hearing on the appeal from the Conmiissioners suspension andlor a modification of the suspension of the driver’s license to allow driving upon installation of an interlock device and for such other relief as allowed by law or equity.

Outcome: This matter comes before the court regarding the revocation of the Plaintiff’s driver license under 47 0.S. §751 et seq.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED:
1) Pursuant to 47 O.S. 6-21 1(J), the revocation of Plaintiffs driver’s license stemming from the arrest of Plaintiff on May 25, 2013, is set aside.
2) That Defendant shall not refile any implied consent action against Plaintiff stemming from the arrest listed in item 1).
3) That both parties are responsible for their own attorney fees in this matter.
4) That any supersedeas bond posted in this case shall be exonerated and any previous Order of this Court relating to Plaintiff's driving privileges is vacated upon the filing of the 0rder.

Plaintiff's Experts:

Defendant's Experts:

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