State ex rel. Department of Public Safety v. Sampson, 44021

• Decision Date: 17 November 1970
• Docket Number: No. 44021,44021
• Citation: 477 P.2d 71
• Parties: STATE ex rel. DEPARTMENT OF PUBLIC SAFETY, Plaintiff in Error, v. Thomas Patrick SAMPSON, Defendant in Error. Application of Thomas Patrick SAMPSON for Relief and Modification of Department of Public Safety's Order under the Statutes of the State is Oklahoma.
• Court: Oklahoma Supreme Court

Page 71

477 P.2d 71

STATE ex rel. DEPARTMENT OF PUBLIC SAFETY, Plaintiff in Error, v. Thomas Patrick SAMPSON, Defendant in Error.

Application of Thomas Patrick SAMPSON for Relief and

Modification of Department of Public Safety's

Order under the Statutes of the State is Oklahoma.

No. 44021.

Supreme Court of Oklahoma.

Nov. 17, 1970.

Syllabus by the Court

1. Appeals concerning cancellation, suspension or revocation of motor vehicle operators or chauffeur licenses, brought under the provisions of 47 O.S.Supp.1969, § 6--211(i), are procedurally governed by Civil Appeals Rules, 12 O.S.Supp.1970 following § 993, except insofar as the rules may contravene any provision of a valid statute, in which instance the statute prevails.

2. Unexcused default of answer brief may result in reversal if authorities cited in the brief in chief reasonably support allegations of error and this Court will not search the record in such situation to find a theory upon which the trial court judgment may be sustained.

Appeal from the District Court of Muskogee County; John Porter, Jr., Trial Judge.

Action to vacate or modify order by Commissioner of Public Safety suspending for a fixed period the motor vehicle operator's license of defendant in error, Thomas Patrick Sampson. From judgment of district court modifying the suspension order, State of Oklahoma ex rel. Department of Public Safety appeals. Reversed and remanded with directions.

W. Roger Webb, Oklahoma City, for plaintiff in error.

Michael Norman, James Conrad, Muskogee, for defendant in error.

LAVENDER, Justice.

The State of Oklahoma ex rel. Department of Public Safety lodged an appeal from a final order of the district court vacating a departmental order. The departmental order suspended for six months the operator's license of defendant in error and compelled surrender for the same period the indicia of registrtion of his motor vehicle, based upon the command of the statute 47 O.S.1961, § 6--205. The judgment of the trial court vacated the departmental order of suspension and directed immediate restoration of the operator license and the indicia of registration.

Brief in chief by plaintiff in error was filed April 3, 1970. Answer brief by defendant in error was due forty days thereafter. Rule 1.28, Rules on Civil Appeals, 12 O.S.Supp.1970 following § 993. Civil appeal rules givern appeals brought under 47 O.S.Supp.1969, § 6--211 except insofar as the rules may contravene any provision of a valid statute,...