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Webster v. State ex rel. Dept. of Safety4/13/1993
. 1972). The conviction or acquittal of a defendant in the criminal matter has no bearing on the civil proceeding revoking his driver's license under the implied consent statute. Marquardt v. Webb, 545 P.2d 769 (Okla. 1976). Under § 1313.2, fees are only imposed after a criminal conviction. If Webster is not convicted he is not subject to the fee. The trial court clearly erred in finding Webster was not given due process and equal protection under the law.
Accordingly, the judgment is REVERSED and the cause REMANDED for further proceedings consistent with this opinion.
BAILEY, P.J., and HUNTER, J., concur.
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