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Attorneys sue over Oklahoma's new drunken driving law

Posted at 11:24 AM, Jun 21, 2017
and last updated 2017-06-21 18:26:45-04

OKLAHOMA CITY (AP) -- The Latest on a lawsuit that alleges Oklahoma's new drunken driving law denies the right to due process (all times local):

5:20 p.m.

A lawyer in the Oklahoma governor's office says Gov. Mary Fallin will address a lawsuit over the constitutionality of a new drunken driving law in court.

Fallin signed the law June 8. It abolishes the appeals process for people trying to keep their licenses after being arrested for DUI and takes effect Nov. 1. Fallin later issued an order allowing an administrative hearing if the Department of Public Safety plans to take a person's license.

The lawsuit filed Monday by four attorneys alleges the new law denies a person the right to due process.

General counsel James Williamson says the state Constitution gives Fallin the power to direct the Department of Public Safety. Williamson says the executive order clarifies that the governor expects the department to follow the decisions of the Oklahoma Supreme Court on due-process protections for drivers' licenses.

11:10 a.m.

A lawsuit by four attorneys alleges Oklahoma's new drunken driving law is unconstitutional.

The lawsuit filed Monday against Gov. Mary Fallin, state lawmakers, the state's public safety commissioner and two prosecutors asks the state Supreme Court to take the case.

The law signed by Fallin June 8 abolishes the appeals process for people trying to keep their licenses after being arrested for DUI and takes effect Nov. 1. Fallin later issued an order allowing an administrative hearing if the Department of Public Safety plans to take a person's license.

The Oklahoman reports the lawsuit by attorneys John Hunsucker, Charles Sifer, Stephen Fabian and Bruce Edge alleges the law denies a person the right to due process.

A spokesman for Fallin said the governor's office hasn't been served with the lawsuit.

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