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Slay v. State ex rel Department of Public Safety2/24/2000
on of Slay's driver license was not sustainable is reversed. The arresting officer had probable cause to stop Slay. When - after making a proper stop - it became apparent to the officer that Slay was operating a motor vehicle under the influence of alcohol, the officer was justified in requesting that Slay submit to a test for sobriety. Slay's non-consent to the requested test constitutes ground for revoking his driver license under Oklahoma's Implied Consent Law. The administrative documentation submitted to DPS adequately comports with the standards mandated by the governing statutes and, hence, provides an adequate legal basis for the earlier revocation.
From the transcript of the appellate proceedings in the district court it appears that the court ruled at the conclusion of DPS's case, i.e., before Slay was able to put on his own defense. Each party in a case must be afforded an opportunity to present its case. This is an essential component of due process. For this reason the cause must be remanded.
Upon certiorari earlier granted,
THE COURT OF CIVIL APPEAL'S OPINION IS AFFIRMED IN PART AND VACATED IN PART AND THE DISTRICT COURT'S JUDGMENT IS REVERSED.
SUMMERS, C.J., HARGRAVE, V.C.J., HODGES, LAVENDER, KAUGER, BOUDREAU and WINCHESTER, JJ., concur.
OPALA and WATT, JJ., concur in part; dissent in part.
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