Attorney Brian K. Morton of Edge Law Firm in Tulsa and Hunsucker Legal Group in Oklahoma City became the first attorney in Oklahoma to obtain a legal decision prohibiting the Department of Public Safety (DPS) from enforcing the Erin Swezey Act against individuals who lost their licenses under the law. DPS tried relentlessly to continue enforcing the law on Oklahoma citizens after it had been rescinded by the Oklahoma legislature.
Oklahoma DPS Stops Enforcing Erin Swezey Act After Court Challenges
The Erin Swezey Act took effect in November of 2011, changing the driving privileges of people whose licenses were revoked for driving under the influence or actual physical control convictions. The law mandated license revocations followed by installation of an ignition interlock device for significant periods of time – 18 months, four years, or five years depending on the charge.
Oklahoma state bill (SB) 712 eliminated the Erin Swezey Act on November 1, 2019. DPS, however, continued to unlawfully enforce the law on individuals who had lost their licenses when the law was in effect, and who were now seeking to have their licenses reinstated under new SB 712. DPS continued to force those individuals to install an ignition interlock device.
Edge Law Firm along with Hunsucker Legal Group challenged the DPS in courts across the state. Morton argued and won those challenges, and other courts followed suit. DPS acknowledged to Morton that they will no longer enforce the rescinded law.
Drivers who have completed their license revocation periods will now be able to get their license back without having to install an interlock device.
Read the news story on Tulsa World
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