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Nathan Tyler Simpson v. State of Oklahoma, ex rel Department of Public Safety
Date: 04-23-2020
Case Number:
Judge: A. Clark Jett
Court: District Court, Texas County, Oklahoma
Plaintiff's Attorney: Chris Liebman
Defendant's Attorney: Garrett L. McKibben
Description:
Guymon, Oklahoma, criminal defense lawyer represented the Plaintiff appealing revocation of driver's license.
Nathan Tyler Simpson appeals from the district court's order filed on November 22, 2019, sustaining the revocation of his driver's license and denying his request for modified driving privileges. Based on our review, we conclude Mr. Simpson's driver's license was improperly revoked.
On June 2, 2017, Mr. Simpson was arrested in Texas County, Oklahoma. As set forth in the Information filed on June 5, 2017, Mr. Simpson was charged in Texas County Case No. CF-2017-181 with one felony count of possession of a controlled dangerous substance, marijuana, in addition to four other counts.
As set forth in the Felony Plea filed in November 2018, Mr. Simpson ultimately pled no contest to this possession charge, but the four other counts were dismissed. This is reflected in the Judgment and Sentence filed in February 2019.1
Mr. Simpson initiated the present case by filing a Petition for Appeal or Modification challenging the DPS revocation in the district court. His primary argument is that because nothing in the Judgment and Sentence or in the Plea indicates he committed his crime while using a motor vehicle, his license was improperly revoked under § 6-205.
In its order filed in November 2019, the district court sustained the revocation of Mr. Simpson's driver's license and also denied Mr. Simpson's request for modified driving privileges.
Pursuant to § 6-211(F), we agree with DPS that it is the intent of § 6-211 that district courts have jurisdiction to undertake a review, albeit a limited one, of driver's license revocations made pursuant to the mandatory provisions in § 6-205.4 We conclude that this review consists of verifying that the appropriate correlation exists between the person challenging the mandatory revocation, on the one hand, and a conviction necessitating mandatory revocation, on the other.
Nathan Tyler Simpson appeals from the district court's order filed on November 22, 2019, sustaining the revocation of his driver's license and denying his request for modified driving privileges. Based on our review, we conclude Mr. Simpson's driver's license was improperly revoked.
On June 2, 2017, Mr. Simpson was arrested in Texas County, Oklahoma. As set forth in the Information filed on June 5, 2017, Mr. Simpson was charged in Texas County Case No. CF-2017-181 with one felony count of possession of a controlled dangerous substance, marijuana, in addition to four other counts.
As set forth in the Felony Plea filed in November 2018, Mr. Simpson ultimately pled no contest to this possession charge, but the four other counts were dismissed. This is reflected in the Judgment and Sentence filed in February 2019.1
Mr. Simpson initiated the present case by filing a Petition for Appeal or Modification challenging the DPS revocation in the district court. His primary argument is that because nothing in the Judgment and Sentence or in the Plea indicates he committed his crime while using a motor vehicle, his license was improperly revoked under § 6-205.
In its order filed in November 2019, the district court sustained the revocation of Mr. Simpson's driver's license and also denied Mr. Simpson's request for modified driving privileges.
Pursuant to § 6-211(F), we agree with DPS that it is the intent of § 6-211 that district courts have jurisdiction to undertake a review, albeit a limited one, of driver's license revocations made pursuant to the mandatory provisions in § 6-205.4 We conclude that this review consists of verifying that the appropriate correlation exists between the person challenging the mandatory revocation, on the one hand, and a conviction necessitating mandatory revocation, on the other.
Outcome:
We reverse the district court's order filed in November 2019, and hereby reinstate Mr. Simpson's driving privileges.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Nathan Tyler Simpson v. State of Oklahoma, ex rel Departm...?
The outcome was: We reverse the district court's order filed in November 2019, and hereby reinstate Mr. Simpson's driving privileges.
Which court heard Nathan Tyler Simpson v. State of Oklahoma, ex rel Departm...?
This case was heard in District Court, Texas County, Oklahoma, OK. The presiding judge was A. Clark Jett.
Who were the attorneys in Nathan Tyler Simpson v. State of Oklahoma, ex rel Departm...?
Plaintiff's attorney: Chris Liebman. Defendant's attorney: Garrett L. McKibben.
When was Nathan Tyler Simpson v. State of Oklahoma, ex rel Departm... decided?
This case was decided on April 23, 2020.