Brent Cameron Soldier v. State of Oklahoma

Stilwell, Oklahoma, civil litigation lawyer represented the Plaintiff claiming that Service Oklahoma does not have the authority to revoke Plaintiff's driving privileges because the requirement to install a mandatory ignition interlock program called an IDAP is so punitive in nature that it violates the Double Jeopardy progection of both the United States and Oklahoma Constitutions.

47 O.S. § 6-211 (OSCN 2026)

A. Any person denied driving privileges, or whose driving privilege has been canceled, denied, suspended or revoked by Service Oklahoma, except where such cancellation, denial, suspension or revocation is mandatory, under the provisions of Section 6-205 of this title, or disqualified by Service Oklahoma, under the provisions of Section 6-205.2 or 761 of this title, shall have the right of appeal to the district court as hereinafter provided. Proceedings before the district court shall be exempt from the provisions of the Oklahoma Pleading and Discovery codes, except that the appeal shall be by petition, without responsive pleadings. The district court is hereby vested with original jurisdiction to hear the petition.

B. A person whose driving privilege is denied, canceled, revoked or suspended due to inability to meet standards prescribed by law, or due to an out-of-state conviction or violation, or due to an excessive point accumulation on the traffic record, or for an unlawful license issued, may appeal in the county in which the person resides.

C. Any person whose driving privilege is canceled, denied, suspended or revoked may appeal to the district court in the county in which the offense was committed upon which Service Oklahoma based its order.

D. A person whose driving privilege is subject to revocation pursuant to Section 753 or 754 of this title may appeal to the district court in the county in which the arrest occurred relating to the test refusal or test result, as shown by the records of Service Oklahoma.

E. The petition must be filed within thirty (30) days after the notice of revocation, pursuant to Section 753 or 754 of this title, has been mailed to the person by Service Oklahoma pursuant to Section 2-116 of this title. The petition shall contain a description of the facts and circumstances of the underlying incident sufficient to determine the arresting law enforcement agency, the date of the incident, and the date of receipt of the notice. It shall be the duty of the district court to enter an order setting the matter for hearing not less than thirty (30) days and not more than sixty (60) days from the date the petition is filed. For the purposes of this section, the hearing shall include, but is not limited to, a status hearing, scheduling conference, and/or other examination of the merits of the petition. Nothing in this section shall require that final disposition of the matter is to be completed within sixty (60) days, so long as the court has conducted a hearing as set forth above. A certified copy of petition and the order for hearing shall be served forthwith by the petitioner to the office of Service Oklahoma by certified mail at Service Oklahoma, Oklahoma City, Oklahoma.

F. Upon a hearing relating to a revocation or disqualification pursuant to a conviction for an offense enumerated in Section 6-205, 6-205.2 or 761 of this title, the court shall not consider the propriety or merits of the revocation or disqualification action, except to correct the identity of the person convicted as shown by records of Service Oklahoma.

G. Service Oklahoma shall take no action on a sworn report of a law enforcement officer not received by Service Oklahoma after the expiration of one hundred eighty (180) days of the arrest of the person. In no event shall a court award costs or fees, including attorney fees, based upon the records of Service Oklahoma that do not reflect the receipt of the sworn report as described in this subsection.

H. The court shall take testimony and examine the facts and circumstances, including all of the records on file in the office of Service Oklahoma relative to the offense committed and the driving record of the person, and determine from the facts, circumstances, and records whether or not the petitioner is entitled to driving privileges or shall be subject to the order of denial, cancellation, suspension or revocation issued by Service Oklahoma. In case the court finds that the order was not justified, the court may sustain the appeal, vacate the order of Service Oklahoma and direct that driving privileges be restored to the petitioner, if otherwise eligible.

I. The testimony of any hearing pursuant to this section shall be taken by the court stenographer and preserved for the purpose of appeal and, in case Service Oklahoma files notice of appeal from the order of the court as provided herein, the court shall order and direct the court clerk to prepare and furnish a complete transcript of all pleadings and proceedings, together with a complete transcript taken at the hearing at no cost to Service Oklahoma, except the cost of transcribing.

J. Upon Service Oklahoma's receipt of a petition challenging Service Oklahoma's action against the driving privileges of any person under this title, Service Oklahoma shall withhold taking the action which is the subject of the appeal or stay the order which is the subject of the appeal. During the pendency of the appeal, Service Oklahoma shall grant or restore driving privileges to the person if the person is otherwise eligible.

K. An appeal may be taken by the person or by Service Oklahoma from the order or judgment of the district court to the Supreme Court of the State of Oklahoma as otherwise provided by law.

The Court entered judgment in favor of the Plaintiff setting aside the order of Service Oklahoma and exonerating any bond posted by the Plaintiff.