Harder v. F.C. Clinton, Inc., 1997 OK 137, ¶ 9, 948 P.2d 298. We review questions of law de novo. Pletcher v. State ex rel. Dep't of Pub. Safety, 2003 OK 117, ¶ 3, 84 P.3d 725. ANALYSIS
Harder v. F.C. Clinton, Inc., 1997 OK 137, ¶ 9, 948 P.2d 298. We review questions of law de novo. Pletcher v. State ex rel. Dep't of Pub. Safety, 2003 OK 117, ¶ 3, 84 P.3d 725. ANALYSIS
Harder v. F.C. Clinton, Inc., 1997 OK 137, ¶ 9, 948 P.2d 298. We review questions of law de novo . Pletcher v. State ex rel. Dep't of Pub. Safety, 2003 OK 117, ¶ 3, 84 P.3d 725.ANALYSIS
47 O.S. 2001 § 753[ 47-753]. See generally Pletcher v. State ex rel. Dep't of Pub. Safety, 2003 OK 117, ¶ 4, 84 P.3d 725, 727. ¶ 14 However, "[u]nder Oklahoma's Implied Consent Law, a valid arrest is necessary to authorize a police officer to request submission to a chemical test for blood alcohol."
"Appeals from implied consent revocation orders are heard de novo in the district court, both on the law and on the facts[,]" and on district court review, DPS bears the burden of proof by a preponderance of the evidence. Pletcher v. State ex rel. Dept. of Public Safety, 2003 OK 117, ¶ 3, 84 P.3d 725, 726; Appeal of Tucker, 1975 OK CIV APP 40, ¶ 8, 538 P.2d 626, 629. ¶ 9
The McDonald's parking lot is a public parking lot under Oklahoma law. See Pletcher v. State ex rel. Department of Public Safety, 84 P.3d 725, (Okla. 2003) ("A public parking lot is `[a]ny parking lot on a right-of-way dedicated to public use or owned by the state or a political subdivision thereof.'"); see also Okla. Stat. tit. 47, § 1-142(b) (same).