Summary 2006 WY 70

Summary of Decision issued June 5, 2006

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Case Name: Bradshaw v. Wyoming Dep’t of Transportation Drivers’ license Division

Citation: 2006 WY 70

Docket Number: 05-156

Appeal from the District Court of Uinta County, the Honorable Dennis L. Sanderson, Judge.

Representing Appellant (Petitioner): Mike Cornia, Evanston, Wyoming.

Representing Appellee (Respondent): Patrick J. Crank, Attorney General; Michael L. Hubbard, Deputy Attorney General; Mary Loos, Assistant Attorney General.

Date of Decision: June 5, 2006

Issue: Whether the decision of the hearing officer was supported by substantial evidence and whether it was arbitrary and capricious.

Holding: Appellant appealed the suspension of his drivers’ license for 18 months in accordance with Wyo. Stat. Ann. § 31-6-102 which occurred because of his refusal to submit to a breath test after he twice failed field sobriety tests. The OAH held a contested case hearing and upon consideration of the evidence, the hearing officer issued an order in which he concluded the preponderance of the evidence established the elements necessary to uphold an implied consent suspension. Appellant sought review and the district court affirmed.
The Court affords no special deference to district court decisions when reviewing matters initiated before an administrative agency. When both parties present evidence at an administrative hearing, the Court reviews the entire record to determine if the agency findings are supported by substantial evidence.
The order contained findings of fact pertinent to the issue of probable cause: Deputy observed Appellant’s pickup truck stuck in a snow bank; Deputy observed Appellant walked with a staggering gait, slurred his words and smelled of alcohol; Appellant admitted he had consumed 4 to 5 shots of whiskey and some beer; Appellant agreed to field sobriety tests; after being advised of implied consent law, Appellant refused breath test. The order contained a conclusion relevant to the issue of probable cause that WYDOT had established by a preponderance of the evidence all elements necessary to uphold an implied consent suspension. The Deputy submitted a signed statement containing his probable cause to believe Appellant was driving or in actual physical control of a motor vehicle while under the influence of alcohol. A license suspension is civil in nature and the standard of preponderance of the evidence applies. Probable cause exists when, under the totality of the circumstances, a prudent, reasonable, and cautious peace officer would be led to believe that a crime has been or is being committed and the individual arrested is the perpetrator. Although the order does not contain the words “probable cause”, it does set forth findings of fact sufficient to establish that probable cause existed. Evidence was presented of the Deputy’s experience and training in the administration of field sobriety tests and the administration of the field sobriety tests in this instance. Applying Smith and Griffin, the evidence was sufficient to show the Deputy was qualified to administer the field tests. The Court concluded that substantial evidence supported the hearing officer’s conclusion that the preponderance of the evidence established all elements necessary to uphold an implied consent suspension, including the element of probable cause.

The Court affirmed.

J. Kite delivered the opinion for the court.

Link to the case: http://tinyurl.com/o4nrx .